Table of contents

1. Scope of application
2. Right of withdrawal
3. Prices and terms of payment
4. Conclusion of contract
5. Delivery and shipping conditions
6. Duty of inspection
7. Warranty
8. Liability and exclusion of liability
9. Data security
10. Applicable law and place of jurisdiction
11. Severability clause

1 Scope of application

1.1 The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shops www.bottleshop.swiss (hereinafter each individually referred to as "Seller"). The online shop is operated by Menshen Schweiz GmbH (hereinafter referred to as the "Seller"). 

1.2 The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2 Right of withdrawal

2.1 Consumers are generally entitled to a right of revocation.

2.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

2.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union, Switzerland or Liechtenstein at the time the contract is concluded and whose exclusive place of residence and delivery address at the time the contract is concluded is outside the European Union, Switzerland or Liechtenstein.

3 Prices and terms of payment

3.1 Unless otherwise stated in the Seller's product description, the prices quoted are net prices which do not include the statutory value added tax. Any additional delivery and shipping costs will be shown and charged separately.

3.2 In the case of deliveries to countries outside the European Union, Switzerland and Liechtenstein, further costs may be incurred in individual cases for which the Seller is not responsible and which the Customer must bear. These include, for example, costs of monetary transactions by credit institutions (e.g. transfer fees, bill charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

3.3 The method(s) of payment shall be notified to the Customer in the Seller's online shop.

3.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

3.5 If no payment is received in one of our accounts within 4 weeks, the order will be cancelled by us.

3.6 The minimum order value for deliveries to the EU is 40 € and for deliveries to Switzerland 50.00 CHF (net value of goods).

4 Conclusion of contract

4.1 The products and prices in the online shop constitute an offer. However, this offer is always subject to the resolutory condition of non-deliverability or incorrect pricing.

4.2 The purchase contract is concluded for products or services of the seller with the seller as soon as the customer places his order in the online shop, by telephone or by e-mail (hereinafter "purchase contract").

4.3 Receipt of the online order is indicated to the customer by an automatically generated order confirmation from the seller to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order has been received by the online shop and that the contract with the seller has thus been concluded, subject to the possibility of delivery and the correct price information.

5 Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours stated by the Seller at the address stated by the Seller. In this case, no shipping costs will be charged.

6 Duty to inspect

6.1 The customer shall immediately inspect the delivered or collected goods for correctness, completeness and transport damage.

6.2 In the case of delivery by forwarding agent, any transport damage must be noted on the delivery note.

6.3 Delivery damage, incorrect deliveries and short deliveries must be reported to the Seller, including for all products and services, within 5 calendar days from the date of collection or delivery. The Customer acknowledges that such notification shall be made by e-mail info@bottleshop.swiss or by telephone: +4976339394455 for EU Customers, +41418338855 for CH Customers. The customer must not use the product. He must keep it in the original packaging in which he received it and follow the instructions for the return process provided by the seller's customer service.

7 Warranty

7.1 The Seller warrants the Product ordered to be free from defects for a period of 2 years from the date of delivery.

7.2 The Seller may, at its discretion, provide the Customer with a replacement delivery (conditional exchange) while the warranty claim is being examined. This is subject to the (suspensive) condition that a warranty case actually exists. The customer therefore only acquires ownership of the replacement product with the seller's guarantee promise. If the seller rejects a warranty claim, the customer may purchase the replacement product at the value of the goods at the time of handover or is obliged to return the replacement product at his own expense.

7.3 Further claims, in particular statutory warranty claims, are excluded.

8 Liability and exclusion of liability

8.1 Liability shall be governed by the applicable statutory provisions. However, in no event shall the Seller be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delay in delivery and (v) acts and omissions of auxiliary persons of the Seller, whether contractual or non-contractual.

8.2 Furthermore, the Seller shall not be liable in the following cases:

improper storage or use of the Products
use of incompatible filling materials (the Buyer shall be responsible for checking whether the Seller's products are suitable for the specific properties intended)
force majeure, in particular damage caused by the elements, moisture damage, damage caused by falling or impact, etc., for which the seller is not responsible
official directives

8.3 Limitation of liability

The seller excludes without limitation all liability for loss or damage of any kind - whether direct, indirect or consequential - which might arise from the use of or access to the Bottleshop websites or from links to third-party websites. The seller does not guarantee that the individual parts of his website will function without error. In addition, the seller rejects any liability for manipulations of the computer system of the internet user by unauthorised persons.
Further information can be found in the disclaimer.
Claims for damages against the seller as well as against his employees are excluded, as far as there is no intentional or grossly negligent action.

8.4 Transmission errors

Any liability of the Seller for transmission errors and their direct/indirect consequences (not exhaustive; late/no/wrong deliveries) is excluded, irrespective of whether the cause of the transmission error is attributable to the Buyer, the Seller or a third party commissioned by the Seller.

9 Data security

9.1 Data transmission

The personal payment data of our customers are protected by the SSL protocol (Secure Socket Layer) during transmission to the respective server, which uses 128-bit encryption that complies with the current state of security technology.

9.2 Data protection

The processing of personal data (names, addresses, telephone numbers, etc.), which the customer discloses in the course of using the Seller's online offer, is subject to the provisions of data protection law. Your data will not be passed on to third parties.

10 Applicable law and place of jurisdiction

• Swiss law is exclusively applicable
• The place of jurisdiction for all disputes arising from the contractual relationship is CH-6010 Kriens

11 Severability clause

• Should one or more clauses of these General Terms and Conditions be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision

 

Kriens, 05 April 2023