General Terms and Conditions for the Conclusion of Contracts via the Webshop PADMA AG (Switzerland)
These general terms and conditions apply to all orders placed by customers resident in Switzerland or the Principality of Liechtenstein via the online shop www.padma.ch of PADMA AG, Haldenstrasse 30, CH-8620 Wetzikon, Email: firstname.lastname@example.org, Phone: +41 43 343 44 44, UID: CHE-105.856.575.
The following General Terms and Conditions of Business (in short: GTC) apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these GTC will not be recognised unless the provisions deviating from these GTC are confirmed in writing by PADMA AG.
2. Order and conclusion of contract
The presentation of the goods in the web shop does not constitute a binding offer by PADMA AG to conclude a purchase contract. The customer is merely invited to make an offer by placing an order.
By sending the order in the web shop via the button “Order with costs”, the customer makes a binding offer, directed towards the conclusion of a purchase contract for the goods contained in the shopping basket, and recognises these GTC and the data protection declaration (available at: https://padma.ch/datenschutz) as solely authoritative for the legal relationship with PADMA AG.
PADMA AG confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by PADMA AG. It merely serves to inform the customer that the order has been received by PADMA AG. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance. If delivery of the goods ordered by the customer is not possible, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
In the event of any transmission errors, the risk of loss or alteration of the data when downloading and sending via the Internet passes to the customer when the PADMA AG network interface is crossed.
The language available for the conclusion of the contract is English.
We save the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.
3. Right of withdrawal; non-existence of the right of withdrawal, model withdrawal form
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions. If you make use of your right of withdrawal as a consumer, you must bear the costs of the return shipment.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Address:
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to the address below without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract:
The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
1. Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
2. contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
3. contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
4. contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
Ordered on ______________________________
received on ______________________________
Name of the client
Address of the client
Signature of the client (only in the case of notification on paper)
(*) Delete as applicable
4. Terms of payment / set-off / right of retention
In each case, the prices at the time of submission of the offer by the customer shall apply. All prices are final prices in Swiss francs including the statutory value added tax.
The goods will not be dispatched until the purchase price has been paid in full.
You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
5. Payment methods
The following payment methods are available in our shop:
Paypal: You pay the invoice amount via the online provider Paypal. You must always be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process.
Credit card: Payment is possible with the following credit cards: Mastercard or Visa. When paying by credit card, your credit card will only be charged after the order has been completed. The payment is processed by Worldline SIX Payment Services AG.
TWINT: When paying by TWINT, your credit card or account will only be charged after the order has been completed. The payment is processed via Worldline SIX Payment Services AG.
6. General terms and conditions of delivery
In the event of dispatch, delivery shall be made by a transport company commissioned by us to the delivery address specified by the customer. The customer must ensure that the persons at the specified delivery address are authorised to receive the delivery. If the delivery fails for reasons for which the customer is responsible, the customer shall bear the costs of a new delivery. The customer is also free to request personal delivery to a specific person.
We ship all orders within Switzerland and Liechtenstein free of shipping costs if you reach the order value of 70 CHF. Otherwise, CHF 7.90 incl. VAT will be charged. shipping costs. We bear the risk of counter-performance until the ordered goods are handed over to the customer by the carrier, provided the customer is a consumer.
If the dispatch of one or more ordered products is delayed or the delivery is not possible, we will inform the customer immediately, the customer can cancel his order if necessary. We are entitled to make partial deliveries insofar as this is reasonable for you. Should subsequent deliveries be necessary, these shall of course be free of shipping costs, unless the subsequent deliveries are made at the request of the customer. In this case, the aforementioned shipping costs will apply. If a product is not available due to force majeure or cessation of production and we are unable to procure the ordered goods under reasonable conditions, the circumstances only occurred after conclusion of the contract and we are not responsible for the non-delivery, we shall be released from the obligation to deliver. The customer shall be informed of this immediately. Counter-performance by the customer shall be refunded without delay. We reserve the right to deliver only household quantities.
It is expressly pointed out that when exercising the statutory right of withdrawal, the customer must bear the costs of returning the goods.
7. Reservation of ownership
The delivered goods remain the property of PADMA AG until the invoice amount has been paid in full.
8. Transfer of risk
The risk of accidental loss and accidental deterioration shall pass to the buyer as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
Transport damage: If goods are delivered with obvious transport damage, please complain about such faults to the delivery company as soon as possible and contact us immediately. It is best if you also send us a photo of the damage.
9. Warranty, compensation
PADMA AG is liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. Any seller’s warranties given by us for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the articles.
Das ununterbrochene Funktionieren der Datenkommunikation über das Internet kann möglicherweise nicht zu jeder Zeit gewährleistet werden. Die PADMA AG haftet daher weder für die ständige und ununterbrochene Verfügbarkeit des Webshops noch für technische und elektronische Fehler, auf welche PADMA AG keinen Einfluss hat.
10. Place of jurisdiction, choice of law, severability clause
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, 13.04.2021