These General Terms and Conditions as applicable at the time of order placement shall govern the business relationship between you and us.
Conclusion of contract:
The presentation of the products in the online shop does not constitute a legally binding offer; instead, it is a non-binding online catalogue. After you enter your personal details and click the Submit order button in the final step of the order process, you are placing a binding order for the goods held in the shopping basket. Receipt of the order is confirmed immediately after the order is submitted. The purchase contract becomes effective when our order confirmation is issued. It is generally not possible to return products. We provide a right of exchange within the scope of statutory warranty provisions. Any costs for the exchange and shipping are charged to the customer. If goods are damaged during shipment, please notify us within 48 hours after receipt of the package, by e-mail or phone. Claims for compensation or return due to poor weather conditions, late delivery or non-utilisation are excluded. Clarification of issues relating to launch of the product are a matter for the purchaser and do not give entitlement to return the goods.
All prices in the shop include Swiss VAT at the current level of 8.0%. The stated prices are subject to any price changes by suppliers.
Shipping costs within Switzerland
For all orders regardless of value there will be a shipping charge of
Swiss Post Economy CHF 9.00
Swiss Post Priority CHF 11.00
We offer every customer the option of paying by means of receiving a bill payable within 20 days, or by credit card. Payment using billing requires a positive credit check. If this automatic check is negative or if no credit references at all can be obtained for you, you can only pay by credit card. Reminder costs of CHF 6.00 are charged from the 3rd reminder onwards.
Default of payment:
If the payment date is missed, default of payment occurs without further formalities. In the event of default of payment, the statutory default interest of 5% p.a. is owed in accordance with the Swiss Code of Obligations (OR), article 104. Himmelslaternen GmbH is also entitled to demand reminder costs to partially cover the costs that are incurred. The outstanding bill amount, plus any reminder fees and interest, may be assigned or sold to third parties for collection. Himmelslaternen GmbH shall charge the cost of the assignment, CHF 40.00, to the customer when the claim is transferred to a collection agency.
Delivery time is 2 - 3 days from receipt of the order confirmation. In the case of individual order placement, however, the delivery time does not begin before you have issued the order description. Information about the delivery time is only a guideline and is non-binding unless, by way of exception, the delivery date had been agreed with binding effect. If, in exceptional circumstances, the item you wish to purchase is not in stock, we will let you know the expected delivery period. If, through no fault of our own, we are unable to deliver the ordered goods because our supplier had not fulfilled its contractual obligations, we shall be entitled to rescind the contract. In this case you will be informed without delay that the ordered product is not available. Partial deliveries are possible at no additional cost.
Obvious defects must be notified to us in writing within 7 days from receipt of the goods. It is not possible to assert warranty claims in relation to defects that are not notified in good time. If a warranty claim is valid, we are willing to make a replacement delivery. We accept liability for replacement deliveries to the same extent as for the original goods.
As the customer, you are responsible for use of the products. Claims for compensation of all kinds are excluded, unless we have caused the damage or loss wilfully or through gross negligence. Under no circumstances shall we accept liability for consequential or indirect losses. We refer to the safety instructions published on our homepage, which constitute an integral component of these GTCs. Goods are insured when shipped. Apart from that we do not accept any liability, in particular if the customer does not receive the goods.
The persons responsible for data collection are Steven Urbach & Frida Urbach. Further details of the responsible office can be found in the Imprint. We use your data solely for processing your order. All customer data is stored and processed by us. You are entitled to information about your stored data, and its correction and deletion, free of charge at any time. Please send your request by mail or by fax to the office indicated in the Imprint. We store your order data and send it to you by e-mail. You can also view it in our customer login area. We will not pass on your personal data, including your home address and e-mail address, to third parties without your express consent, which can be revoked at any time. Our service partners are an exception to this general rule: they require data to be transferred to process orders (e.g. the company engaged to handle deliveries and the financial institution engaged to handle payments). In these cases, however, the extent of the transferred data is limited to the absolute minimum. Your personal data is transmitted in encrypted form. We use technical and organisational security measures to protect your data that we manage against accidental or wilful manipulation, loss, destruction or against access by unauthorised persons. By selecting a payment type (credit card, bill), you consent to a possible credit check and consequently to your data being passed on. If the bill is not paid and a reminder is subsequently issued, the matter will be transferred to a collection agency.
Jurisdiction and choice of law
The place of jurisdiction is Uster.
This relationship is subject to Swiss law.
14 February, 2008