General Terms and Conditions Steinbild Schweiz GmbH
I. Introduction
Steinbild Schweiz GmbH - UID CHE-472.330.332 (hereinafter referred to as "Steinbild") sells goods in the field of interior and art.
To this end, it offers exclusive stone images made from real natural stone for sale on its website www.steinbild-collection.ch (hereinafter "website").
The shop's offer is primarily aimed at private and business customers from the Switzerland.
II. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to everybody who accesses the website and/or order goods (hereinafter collectively referred to as "customers"). These persons declare to Steinbild that they agree to these GTCs at the time of visiting the website / placing the order.
Customers hereby also declare that they have the capacity to act or, in the case of a legal representative, that they have their consent.
Visiting and using the website, as well as ordering goods, is subject exclusively to these GTCs at the time of use. General terms and conditions that conflict with or deviate from these GTC shall not apply. These GTC shall also apply exclusively if Steinbild carries out the order without reservation in the knowledge of conflicting or deviating GTC.
III. Customers
a.) Registration
Customers do not have to fulfill a registration on the website to purchase goods. However, it is possible to create a customer account, which means that personal data does not have to be entered again when making another purchase.
When entering the personal data required for registration, customers are responsible for providing truthful and complete information. Customers are obliged to treat their personal access data confidentially and not to make it accessible to unauthorised third parties. Confirmation of registration takes place immediately after submitting the registration.
Customers are solely responsible for content that they post in areas accessible for this purpose. This content must not infringe the rights of third parties. There is no entitlement to the storage or publication of your posted content, such as product reviews.
b.) General use of the website
Customers must refrain from any disruption or manipulation of the website and the online shop. Any proven manipulation with the aim of obtaining unauthorised payments or other advantages to the detriment of Steinbild or other parties involved may lead to legal consequences. Customers are authorised to use the online offer within the scope of the respective availability.
IV. Display of goods
All offers of goods and/or services (e.g. delivery) made by Steinbild on the website (irrespective of whether prices are stated or not) are deemed to be non-binding displays by Steinbild. Steinbild is therefore not obliged to ensure that the goods displayed are permanently available. This also applies to items that are already in a customer's shopping basket. The actual availability of the item is only confirmed when the order is finalised.
Any illustrations and samples of goods displayed are merely examples.
V. Purchase/conclusion of contract
By completing the order and accepting the GTCs in the corresponding box, a legally binding order is placed by the customer. You are bound to your order for at least five working days.
After completing the purchase via the website, the customer receives a confirmation of receipt of the order, in which the conditions are listed again.
Steinbild may reject your order without giving reasons. In particular, an order may be rejected because the goods are temporarily unavailable from Steinbild's manufacturers or suppliers.
The contract is only deemed to be legally binding when Steinbild expressly accepts the customer's order. This can be done in the following ways:
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer - or a third party commissioned by it - whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If Steinbild does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
Steinbild may withdraw from the contract at any time up to the handover/delivery of the ordered goods with reimbursement of the purchase price.
Only the German language is available for the conclusion of the contract.VI. Prices and terms of payment
a.) Prices
Unless otherwise stated in the product description of the stone image, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
Steinbild is not liable for any additional costs that the customer may incur for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside Switzerland, but the customer makes the payment from a country outside Switzerland.
b.) Terms of payment
The payment options are communicated to customers on the website during the purchase process. Steinbild may in any case decide at its own discretion and without giving reasons which means of payment will be accepted in individual cases.
If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed under the PayPal Terms of Use or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed under "Terms for payments without a PayPal account". If the customer pays by means of a payment method offered by PayPal that can be selected in the online order process, Steinbild already declares acceptance of the customer's offer at the time the customer clicks the button concluding the order process.
If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
VII. Guarantee
The warranty for the goods of Steinbild is excluded within the framework of these General Terms and Conditions in accordance with Art. 199 OR, as long as Steinbild has not fraudulently concealed the warranty defect.
The stone image also completely eliminates the liability from delivery of the goods within the framework of Art. 199 OR (except in the case of fraudulent concealment), as the packaging of the goods is carried out by a third-party provider. The packaging is sent by the third party either in a customised cardboard box or in specially manufactured wooden packaging.
VIII. Exchange
Steinbild products cannot be exchanged.
IX. Delivery
Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the order processing of Steinbild is decisive for the transaction.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by Steinbild as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in Steinbild's cancellation policy applies to the return costs.
Self-collection is not possible for logistical reasons.
Digital content is delivered to the customer exclusively in electronic form by email.
Vouchers are sent to the customer by e-mail or download:
X. Granting of rights of use for digital content
Unless otherwise stated in the content description on the website, Steinbild grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless Steinbild has consented to the transfer of the contractual license to the third party.
The granting of rights only becomes effective once the customer has paid the contractually owed remuneration in full. Steinbild may provisionally authorise the use of the contractual content even before this point in time. Such provisional authorisation does not constitute a transfer of rights.
XI. Data protection
The customer agrees that Steinbild - in order to improve its performance and the tracking of the website - receives a copy of each order. For further data protection provisions, please refer to the privacy policy.
XII. Intellectual property
All intellectual property rights, in particular but not exclusively to designs and trademarks, copyrights, to the content of the website or to the goods themselves (in particular but not exclusively to designs, images, brochures, instructions, texts, plans, samples) remain with Steinbild or the respective rights holders.
Users of the website or customers are prohibited from modifying, passing on, copying, sending, exhibiting, reproducing, licensing, publishing, demonstrating or transferring the contents of this website or goods to their own websites beyond the scope permitted by law. You are also prohibited from creating derivative works from the content and goods on the website or using them in any way for public or commercial purposes.
Steinbild reserves the right to take all legal action in the event of an infringement.XIII. Disclaimer
Steinbild accepts no liability whatsoever for damages incurred by a customer through the use of the website, unless Steinbild can be accused of gross negligence or willful intent. Steinbild accepts no liability whatsoever for purchases made via this website, as specified in point VIII. Warranty.
Liability for auxiliary persons pursuant to Art. 101 of the Swiss Code of Obligations (employees, representatives, vicarious agents, etc.) is completely excluded to the extent permitted by law.
Under no circumstances does it accept liability for consequential damage or loss of profit.
The search results and their order are displayed based on an algorithm. Steinbild reserves the right to change this at any time. It is also possible that the website / products may not be available for a short time due to technical faults (including those of the algorithm). Steinbild will then rectify this problem as quickly as possible. However, Steinbild completely rejects any resulting liability and claims for damages.
Steinbild always works carefully and is not liable for damage resulting from defective technology, computer viruses, spyware and/or other harmful computer programmes (malware, spyware).
Every effort is always made to ensure that work can be carried out without interruptions to operations. If, however, interruptions in operation occur (whether unexpected or necessary), Steinbild is not liable for any resulting damage. It is therefore clear to customers that even if the greatest care is taken in accordance with the state of the art, errors in programmes cannot be ruled out and consequently uninterrupted and error-free operation cannot be guaranteed.
Steinbild accepts no liability if the website is interrupted or its function impaired or destroyed by force majeure, strike, lockout, operational disruptions or external impairments to the structures.
Steinbild is not liable for any unauthorised and improper acquisition of knowledge by third parties of users' personal data (e.g. by hackers) or for data and information that the customers themselves have made accessible to third parties (e.g. by providing a password).
Steinbild is not liable for the consequences of malfunctions of any kind, troubleshooting, maintenance or the introduction of new technologies.
The information provided by Steinbild has been compiled with the utmost care. Nevertheless, the completeness, correctness and topicality of this information cannot be guaranteed. Steinbild therefore accepts no liability for this. Customers are required to check the information at all times and use this information at their own risk.
XIV. Technology
Customers are only entitled to use the website within the scope of the current state of technology. Steinbild may temporarily suspend its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the services (e.g. maintenance work). In such cases, Steinbild shall take into account the legitimate interests of the users as far as possible.
Should an unforeseen system failure hinder the use of the website, liability claims based on this are excluded.
XV. Retention of title
The goods remain the property of Steinbild until the purchase price has been paid in full. Steinbild is authorised to make a corresponding entry in the retention of title register at the buyer's expense. The buyer is obliged to inform Steinbild immediately of any change of residence.
XVI. Redemption of promotional and gift vouchers
Vouchers that are issued or sold free of charge by Steinbild with a specific period of validity (hereinafter "promotional vouchers") can only be redeemed on the website and only during the specified period.
Individual products may be excluded from the vouchers if a corresponding restriction results from the content of the promotional voucher.
Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
Only one voucher can be redeemed per order.
Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered can be selected to settle the difference.
The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.
The promotional voucher is transferable. Steinbild can make payment with discharging effect to the respective holder who redeems the promotional voucher on the website. This does not apply if Steinbild has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
XVII. Subscriptions
Steinbild can conclude subscriptions with customers, through which they receive, for example, works of art at predetermined intervals. For the conclusion of such a subscription, the provisions disclosed at the time of conclusion apply.
XVIII. Final provisions
This is the English Translation of the General Terms and Conditions. In case of a conflict the legally binding version is the German version.
Steinbild reserves the right to reorganise and amend the GTCs at any time. In such a case, it will inform users in good time. The information will be sent by email and will contain both the amended text and a reiteration of the right of objection. If the users do not object to the amendment in writing by e-mail within a period of 14 days (starting from the date of notification), they shall be deemed to have been approved by the customers.
Should individual provisions of these GTCs be or become invalid, this shall not affect the validity of the other provisions of these GTCs.
Steinbild reserves the right to assert claims for damages in the event of violations of these GTCs.
All claims between Steinbild and its users shall be governed exclusively by Swiss substantive law to the exclusion of international treaties such as the Lugano Convention and the CISG and all conflict of laws provisions, in particular the IPRG.
The exclusive place of jurisdiction for all disputes arising from this contractual relationship and related disputes is Zug, ZG.
XIX. Revocation
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The right of cancellation is 14 days from the day the contract is concluded. It is sufficient if the order is sent before the cancellation period expires.
In order to exercise your right of cancellation, you must inform us of your decision by letter or e-mail.
The right of cancellation does not apply to membership renewals.
The cancellation is to be sent to:
Steinbild Schweiz GmbH
Jöchlerweg 4
6340 Baar
info@steinbild-collection.ch
