Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Warranty for Defects
- Special Conditions for Processing Goods According to Specific Customer Specifications
- Redeeming Promotional Vouchers
- Redeeming Gift Vouchers
- Applicable Law, Jurisdiction
1) Scope of Application
1.1 These Terms and Conditions of WeBü Office AG (hereinafter “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these Terms and Conditions is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its self-employed professional or commercial activity.
1.3 These Terms and Conditions shall apply accordingly to contracts for the provision of vouchers, unless expressly agreed otherwise in this respect.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After entering their personal data and clicking the button that completes the ordering process, the Customer submits a legally binding offer to enter into a contract with regard to the goods and/or services contained in the Cart.
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), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends upon the expiration of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after submission of their order together with these Terms and Conditions in text form (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account using the corresponding login data, provided that the Customer has opened a customer account in the online shop of the Seller has created it.
2.6 Before placing the order bindingly via the seller's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are shown again in a confirmation window before the order is placed bindingly and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact take place by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Prices and payment terms
3.1 The prices stated by the seller include statutory VAT and other price components. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
3.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs 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 arise in connection with the transfer of money if the delivery is made within Switzerland but the customer makes payment from a country other than Switzerland.
3.3 The customer has various payment options available, which are specified in the seller's online shop.
3.4 If advance payment is agreed, payment is due immediately upon conclusion of the contract.
3.5 If the payment method "PayPal" is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.
3.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For processing payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be separately referred. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4) Delivery and shipping conditions
4.1 Delivery of goods is regularly made by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the handling of the transaction. Deviating hereof, when selecting PayPal as the payment method, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
4.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment.
4.3 As a general rule, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover of the goods for shipment or upon transfer to the commissioned transport person.
4.4 Collection by the customer is not possible for logistical reasons.
5) Liability for defects
The statutory liability for defects shall apply.
6) Special conditions for the processing of goods according to specific customer instructions
6.1 If, under the terms of the contract, the seller owes not only delivery of the goods but also the processing of the goods according to specific customer instructions, the customer shall provide the operator with all content required for processing, such as text, images or graphics, in the file formats, formatting, image and file sizes specified by the operator, and grant it the rights of use required for this purpose. The customer alone shall be responsible for obtaining and acquiring the rights to such content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personality rights.
6.2 The customer shall indemnify the seller against claims by third parties that such third parties may assert against the seller in connection with an infringement of their rights through the seller's contractual use of the customer's content. In doing so, the customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer shall be obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
6.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates statutory or official prohibitions or is immoral. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or glorifying-violence content.
7) Redemption of promotional vouchers
7.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specified period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
7.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
7.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
7.4 Pro order, only one promotional voucher may be redeemed.
7.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be reimbursed.
7.6 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 selected to settle the difference.
7.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.
7.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their contractual right of withdrawal, provided that such a right has been agreed.
7.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.
8) Redemption of gift vouchers
8.1 Vouchers that can be purchased through the seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.
8.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year following the year of purchase of the voucher. Remaining balances will be credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
8.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
8.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
8.6 The credit of a gift voucher will neither be paid out in cash nor bear interest.
8.7 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.
9) Applicable law, place of jurisdiction
9.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the customer’s place of residence shall be the exclusive place of jurisdiction for all disputes arising from this contract.
9.2 If the customer acts as an entrepreneur, the seller’s place of residence or registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.