Last Update: 25. August 2023
Table of contents
- Validity of the GTC
- Contact and service details
- General Information on Offers and Orders
- Ordering Process and Conclusion of Contract
- Contract Text and Contract Language
- Customer Account
- Prices and Shipping Costs
- Payment Methods and Terms
- Purchase on account
- Delivery, Availability of Goods
- Promotional vouchers
- Copyright and Rights of Use
- Instructions on Withdrawal
- Warranty and Liability
- Codes of conduct
- Change of GTC
- Final provisions
- Dispute Resolution
1. Validity of the GTC
- The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between PADMA AG (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”).
- Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
- All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
- 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.
- “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 details
- Please note the following information about the availability of our customer service.
- E-mail address: [email protected]
- Phone number: +41 43 343 44 44
- Contact form: https://padma.ch/en/contact/
3. General Information on Offers and Orders
- The presentation of the products in the shop, on websites and in digital printed brochures or catalogues 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.
- 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 fulfilment 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).
- 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.
4. Ordering Process and Conclusion of Contract
- 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.
- 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.
5. Contract Text and Contract Language
- 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 save function for web pages in the last step of the ordering process.
- The contractual language is German, contracts can be concluded in this language.
6. Customer Account
- The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
- Customers can also place an order as a guest without having to create a Customer account.
- Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
- Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers’ responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
- The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor’s GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
- As far as Customers store, provide or otherwise post content or information (hereinafter referred to as “content”) within their Customer account, the Customers are responsible for this information. The Vendor does not adopt the Customers’ content as their own. However, the Vendor reserves the right to take appropriate measures depending on the degree of legal infringement risk posed by the content, particularly the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, reasonableness, and the interests of all parties involved, in particular the fundamental rights of the Customers, may include (partial) deletion of content, requests for action and declarations, warnings, cease and desist notices, and bans., is prohibited.
- Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
- From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer’s responsibility to secure their data upon termination of the Customer account.
7. Prices and Shipping Costs
- Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
- 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.
- 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.
8. Payment Methods and Terms
- Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
- 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.).
- The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of 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.
- 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”).
- 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.
- PayPal Express – The customer pays the amount owed by means of the PayPal transaction.
- PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
- PayPal Plus (Credit Card) – The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
- 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.
9. Purchase on account
- If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
- For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as “Retained Goods”). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained 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 Retained Goods with care. In particular, the Customer is obliged to insure 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 Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained 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 Retained 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 Retained Goods. 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 Retained Goods with a real property. Access by third parties to the Retained 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 Retained Goods 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 Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation 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.
10. Delivery, Availability of Goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
- 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.
- 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 with regard to 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.
- Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
11. Promotional vouchers
- “Promotion Vouchers” are vouchers which 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.
- 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.
- Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
- Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
- Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
- Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
- 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.
- 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.
12. Copyright and Rights of Use
- 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 comply with these property rights.
- The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is 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.
- If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.
- 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.
13. Instructions on Withdrawal
- The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.
14. Warranty and Liability
- Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
- If the Customer is an entrepreneur, the Customer shall inspect the goods without undue delay, irrespective of the statutory obligations to give notice of defects, and shall notify the Vendor of any recognisable material defects without undue delay and in writing, and of any non-recognisable material defects without undue delay after they have been discovered. Failure to inspect and notify the Vendor in good time shall result in the exclusion of any rights to assert claims in respect of material defects.
- The Customer’s rights of recourse against the Seller within the scope of the entrepreneur’s right of recourse in the case of purchases of consumer goods, which cannot be excluded by law, shall not be restricted.
- If the Customer is an entrepreneur, the choice is between subsequent improvement (i.e. rectification of defects) of defective goods or subsequent delivery (delivery of goods free of defects) by the Vendor.
- Deviations in quality, weight, size, thickness, width, finish, pattern, colour, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.
- In relation to Customers who are entrepreneurs, only the information in the product description or other product specifications or manufacturer information expressly included by the Vendor shall be binding for the assessment of the condition and quality of the goods. Other information in the media or public statements as well as information from the manufacturer or third parties shall not be relevant.
- 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.
- 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 fulfilment 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) 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.
15. Codes of conduct
- The Vendor has agreed to be bound by the following code(s) of conduct.
- Google Customer Reviews Code of Conduct: https://support.google.com/merchants/topic/7105962.
- Code of conduct of Trusted Shops: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (German).
16. Change of GTC
- The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
- In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
17. Final provisions
- The legal relationship between the Vendor and the Customer, if the latter is an entrepreneur or a consumer who does not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and the delivery address are outside the European Union at the time of conclusion of the contract, shall be governed exclusively by the law of Switzerland to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- The place of jurisdiction shall be at the (registered) office of the Vendor if the Customer is an entrepreneur or a consumer who does not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and the delivery address are outside the European Union at the time of conclusion of the contract.
18. Dispute Resolution
- The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
- We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.