General terms and conditions with customer information

Table of contents

Scope of application
Conclusion of contract
Right of revocation
Prices and terms of payment
Terms of delivery and shipment
Liability for defects
Special conditions for the processing of goods according to certain specifications of the customer
Redemption of promotional vouchers
Applicable law, place of jurisdiction

1) Scope

1.1 These Terms and Conditions of Aeris GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods and/or services presented by the Seller in its online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated in the Seller's online store. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after the customer's order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order together with these GTC. In addition, the text of the contract will be archived on the Seller's website and can be accessed by the Customer free of charge via its password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting its order.

2.6 Before the binding submission of the order via the Seller's online order form, the Customer may continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 The German, French, Italian and English languages are available for the conclusion of the contract.

2.8 Order processing and contact shall take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 The Seller's stated prices include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated in the Seller's online store.

4.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.

5) Delivery and shipping conditions

5.1 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment.

5.3 As a matter of principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer when the goods are dispatched or when they are handed over to the appointed carrier.

5.4 Self-collection is not possible for logistical reasons.

6) Liability for defects

The statutory liability for defects shall apply.

7) Special conditions for the processing of goods according to certain specifications of the customer.

7.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and grant the Operator the necessary rights of use for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.

7.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this regard, the customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

7.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

8.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his contractual right of revocation, if such a right has been agreed.

8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Promotion Voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

9) Applicable law, place of jurisdiction

9.1 If the customer acts as a consumer, all legal relations between the parties shall be governed by Swiss law, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

9.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of residence or business.