General Terms and Conditions with Customer Information
1. Validity of the GTC
a. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between PADMA AG, Haldenstrasse 30, 8620 Wetzikon (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products, goods and services (hereinafter referred to as “Products” or “Goods”).
b. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfills his/her contractual obligations without objection unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
c. A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
d. “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Contact and service options
Phone: +41 43 343 44 44
Mail: [email protected]
Direct to the contact form
3. General Information on Offers and Orders
a. The presentation of the products in the shop, on websites, and in digital printed brochures or catalogs or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
b. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfillment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
c. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse, and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.
d. Provision for sale to “entrepreneurs” (B2B): The Entrepreneur undertakes to comply with all applicable laws and regulations relating to the acquisition and purchase for resale of the Products, irrespective of their nature.
4. Ordering Process and Conclusion of Contract
a. The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
b. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
c. The Vendor may accept the Customer’s offer within five days (hereinafter referred to as the “Acceptance Period”). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or using other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer’s offer using an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer’s offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
5. Contract Text and Contract Language
a. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the same function for web pages in the last step of the ordering process.
b. The contract languages is German, contracts can be concluded in this language.
6. Prices and Shipping Costs
a. Unless otherwise stated, all prices are total prices including the applicable statutory value-added tax (VAT).
b. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
c. In addition to the prices indicated, the Seller shall charge the following shipping costs for delivery: We ship all orders within Switzerland and Liechtenstein free of shipping costs if you reach the order value of 70 CHF. Otherwise, CHF 8.50 incl. VAT will be charged. shipping costs.
7. Payment Methods and Terms
a. Unless otherwise agreed, payments shall be made without discounts, reductions, or other rebates.
b. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
c. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment using the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation, and authorization with payment services and confirmation of transactions.
d. If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details, or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called “pre-notification”).
e. If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
f. The following payment methods are available to Customers:
g. Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorization as the legitimate cardholder.
i. TWINT is Switzerland´s payment app. Whether you are shopping, paying for a meal in a restaurant, wanting to purchase a vending machine, paying at parking meters, or browsing an online shop: with TWINT, you can make convenient and secure payments using your smartphone. TWINT also allows you to send money directly to the smartphones of your friends and family. A further practical function of TWINT: You can store customer loyalty cards and membership cards digitally in the app.
8. Purchase on account
a. If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
b. For Customers who are entrepreneurs, the following shall apply in addition: The Vendor shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the purchased goods with care. In particular, the Customer is obliged to ensure it adequately at its own expense against theft, fire, and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the Customer shall always be carried out for the Vendor. If the reserved goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the goods subject to retention of title. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the reserved goods with real property. Access by third parties to the goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the goods subject to retention of title (including all current account balance claims). The Vendor revocable authorizes the Customer to collect the claims assigned to the Vendor for its account and in its name. This direct debit authorization may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer’s request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.
9. Delivery, Availability of Goods
a. The ordered goods will be delivered to the specified delivery address unless otherwise agreed.
b. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
c. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular about securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
a. “Promotion Vouchers” are vouchers that are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
b. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use, and, in particular, only within the specified time limit.
c. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
d. Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
e. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
f. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
g. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
h. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
Copyright and Rights of Use
a. The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and complying with these property rights.
b. The Customer shall receive the non-exclusive rights to use the acquired products for purposes by the contractual agreement. Otherwise, the use and exploitation of the products are not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available, or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication, or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks, and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
c. If the products are subject to a specific license of use, the Customers shall be informed about the license of use. In this case, the provisions of the license of use shall apply before these GTC.
d. If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.
10. Instructions on Withdrawal
The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.
11. Warranty and Liability
a. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined by statutory provisions.
b. The Vendor shall not be liable for the Customer’s Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
c. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfillment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) on or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical, and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.
12. Codes of conduct
The Seller has submitted to the code of conduct of Trusted Shops: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (German).
13. Final provisions
For all disputes arising from these terms and conditions, the court with subject-matter jurisdiction at the registered office of PADMA AG is deemed to be agreed.
These GTC are governed exclusively by Swiss law.
Should any provision of these Terms and Conditions of Sale be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which comes as close as possible to the economic content of the invalid provision.
Status of the GTC, 27.01.2022