Terms and Conditions
General Terms and Conditions of Tischtennis Gubler AG
As of August 1, 2009
§1 Scope
(1) These general terms and conditions apply in the version valid at the time of conclusion of the contract to all business relationships between Tischtennis Gubler and its customers.
(2) These general terms and conditions apply exclusively to order processing in the online shop. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions will not be recognized unless Tischtennis Gubler AG has expressly agreed to them in writing in individual cases.
§2 Registration
(1) Each order requires prior registration as a customer with Tischtennis Gubler AG. Multiple registrations under different names or addresses are not permitted. Upon successful completion of the registration process, the customer will be admitted to the system by Tischtennis Gubler AG.
(2) Table Tennis Gubler AG may revoke the authorization at any time and without giving reasons. In this case, Table Tennis Gubler AG is entitled to immediately block and delete the user name and the corresponding password.
§3 Conclusion of the contract
(1) The presentation of the product range of Tischtennis Gubler AG on computers or catalogues accessible via the Internet does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.
(2) By placing an order with Tischtennis Gubler AG via the Internet, email, telephone, fax, or other communication channels, the customer submits an offer to conclude a purchase contract with Tischtennis Gubler AG. The customer receives a system-generated confirmation of receipt of the order (order confirmation). This confirmation does not constitute acceptance of the offer, but merely informs the customer that the order has been received by Tischtennis Gubler AG. Tischtennis Gubler AG will, if necessary, separately inform the customer of any possible errors in the information regarding the product range on the website and submit a corresponding counteroffer.
(3) The contract with Tischtennis Gubler AG is concluded when Tischtennis Gubler AG accepts this offer by sending the ordered product to the customer.
(4) Acceptance is subject to legal admissibility and availability of the ordered goods or services. If Tischtennis Gubler AG cannot accept the customer's offer, the customer will be informed of the unavailability instead of accepting the order. Titles that are temporarily unavailable will be reserved for the customer, and the customer's order will remain valid.
§4 Collection
(1) If the customer chooses to collect the goods during the ordering process, the purchase contract is concluded with Tischtennis Gubler AG when the customer collects the goods.
§5 Delivery, shipping costs
(1) Tischtennis Gubler AG will deliver the ordered goods to the address specified by the customer in the order as quickly as possible. Tischtennis Gubler AG is entitled to make partial deliveries and partial services at any time, provided these are reasonable for the customer. If Tischtennis Gubler AG makes partial deliveries, Tischtennis Gubler AG will bear the additional postage costs.
(2) Deliveries abroad are only made against advance payment or payment by credit card.
(3) Delivery shall be subject to the shipping costs stated in each individual case.
(4) Within Switzerland and the Principality of Liechtenstein, we offer free shipping for deliveries under 30 kg and for a net invoice total (excluding shipping costs) of CHF 250 or more. Special treatment such as bulky goods surcharges (packages over 100 cm in length or two dimensions over 60 cm), cash on delivery, or signature deliveries are excluded and will always be charged according to the current terms and conditions of the Swiss Post.
(5) Mail deliveries are generally dispatched on the day the order is received. Delivery times within Switzerland are normally 1-4 working days. Goods weighing over 30kg are shipped by freight forwarder or our delivery service. Delivery is as quick as possible. The usual delivery time is within 10 working days. For products not in stock, delivery may take 1-3 weeks, depending on the supplier's availability. Information about the expected delivery time is non-binding, particularly for custom-made items such as pool tables. For more detailed information about non-binding delivery times, particularly for deliveries abroad, please contact customer service.
(6) Unless otherwise agreed, deliveries are "carriage paid to home" (including assembled items, e.g., table tennis or foosball tables) and delivered to the recipient's curbside. Packaging belongs to the recipient. If the packaging is requested for deliveries by a freight forwarding company, any transport and handling costs will be charged to the customer.
(7) In the event of obvious transport damage, the customer must immediately report the damage to Tischtennis Gubler AG. The damage assessment must be noted on the freight or delivery note.
§6 Retention of title, withdrawal from the contract
(1) Tischtennis Gubler AG retains title to the goods until all payments under the purchase contract have been received. The customer must immediately notify Tischtennis Gubler AG in writing of any third-party access, in particular of enforcement measures and other impairments of its property. The customer must compensate Tischtennis Gubler AG for all damages and costs resulting from a breach of this obligation and from necessary intervention measures against third-party access.
(2) If the customer breaches the contract, in particular if the customer fails to fulfill their payment obligations despite a reminder from Tischtennis Gubler AG, Tischtennis Gubler AG may withdraw from the contract after setting a reasonable deadline and demand the return of the goods still owned by Tischtennis Gubler AG. The return of the goods or seizure by Tischtennis Gubler AG constitutes a withdrawal from the contract. The customer shall bear the associated shipping costs. Tischtennis Gubler AG is entitled to dispose of the goods after receipt of the goods.
(3) Tischtennis Gubler AG reserves the right not to enter into a contract if the result of a credit check is negative.
§7 Due date and payment
(1) Tischtennis Gubler AG only accepts the payment methods displayed to the customer during the ordering process.
(2) The purchase price and any shipping costs incurred shall be due upon conclusion of the contract, subject to paragraph 3.
(3) Tischtennis Gubler AG may request advance payment without stating reasons. The order will be processed after receipt of payment.
(4) If the customer defaults on payment, Tischtennis Gubler AG is entitled to charge a flat-rate reminder fee of CHF 5.00. Tischtennis Gubler AG's right to claim higher damages, particularly with regard to the enforcement of the claim through a debt collection agency or a lawyer, remains unaffected.
(5) Vouchers will only be redeemed under the conditions shown on the voucher.
(6) When paying by voucher, any remaining balance will be credited to the customer account and applied to the next order.
§8 Revocation
(1) The customer is entitled to revoke his or her declaration of intent to conclude the contract without stating reasons within 8 days of receipt of the goods in text form (e.g., letter, email, fax) or by returning the goods to Tischtennis Gubler AG. This period begins on the day the goods are received by the recipient. To comply with the revocation period, it is sufficient to send the revocation or the goods in a timely manner. The revocation must be sent in text form to the address specified in Section 11 or by email to info@gubler.ch. The customer bears the burden of proof of dispatch of the returned goods.
(2) In the event of an effective cancellation, both parties must refund any services already received. If the customer can only return the goods received in a deteriorated condition, they must compensate Tischtennis Gubler AG for the value. The delivery costs incurred by Tischtennis Gubler AG for shipping, packaging, transport, assembly, and overhead work will not be refunded.
(3) The customer shall bear the costs and risks of return unless the goods delivered do not correspond to those ordered.
(4) Tischtennis Gubler AG shall exercise its right of retention until the goods have been returned in full.
(5)The right of withdrawal is excluded for a) contracts for the delivery of perishable goods; b) contracts for the delivery of DVDs, CDs, videos, and software, unless they are returned unused, welded, or sealed and in their original packaging; c) contracts for the delivery of goods manufactured according to the customer's specifications (e.g., custom-made rackets, printed textiles, pool tables, etc.); d) order confirmations signed by the customer. In this case, the order can be canceled within 8 days of the signature.
(6) In the event that the right of withdrawal and return is excluded, the customer shall bear the costs of reshipping the goods to us if the goods are returned to him.
§9 Customs duties and VAT
(1) Import duties may apply to goods imported into countries outside Switzerland, which the customer must bear. These duties vary in different customs jurisdictions. The customer is responsible for the proper payment of the necessary customs duties and fees. Import duties are not shipping costs.
(2) For deliveries within Switzerland, the stated price includes the applicable statutory value-added tax. For exports to other countries, the stated price is the net price excluding VAT.
§10 Warranty and Liability
(1) If the delivered goods are defective at the time of transfer of risk, e.g., due to a manufacturer's defect, or if the goods are incorrectly delivered, Tischtennis Gubler AG will provide a replacement delivery. If the replacement delivery fails, the customer may request cancellation of the purchase. This claim expires if the customer does not notify Tischtennis Gubler AG of the defect or incorrect delivery within 14 days of receipt of the goods by email (info@gubler.ch), telephone, fax, or mail.
(2) The liability of Tischtennis Gubler AG for its own negligence, as well as that of its employees, legal representatives and vicarious agents, is limited to intent.
§11 Addresses
Providers and contractual partners of the offers on these websites:
Table Tennis Gubler AG
Alte Oberdorfstrasse 2
PO Box 18
CH-4652 Winznau / Switzerland
info@gubler.ch
Phone: +41 (0)62 285 51 41
§12 Data protection
(1) The data necessary for business transactions will be stored in strict compliance with applicable legal provisions and will only be passed on to other companies for order processing. All personal data will be treated confidentially. Tischtennis Gubler AG is entitled to transfer personal data to companies affiliated with Tischtennis Gubler AG for the purposes of credit checks and creditworthiness monitoring as part of a data exchange.
(2) Tischtennis Gubler AG customers can view and edit their own user information at any time in the secure area of the website after logging in. If you do not wish your data to be used for internal marketing purposes, please contact info@gubler.ch . Further information on data protection can be found in the Tischtennis Gubler AG privacy policy .
§13 Final provisions
(1) The provisions of Swiss substantive law shall apply, excluding the Vienna Sales Convention.
(2) If the customer is a merchant, Olten shall be the exclusive place of jurisdiction for all claims related to the business relationship. Otherwise, the place of jurisdiction shall be determined in accordance with Article 22 of the Jurisdiction Act.
(3) Tischtennis Gubler AG reserves the right to amend these General Terms and Conditions at any time. The currently valid version of the General Terms and Conditions can be viewed and printed at www.gubler.ch.