GENERAL BUSINESS CONDITIONS FOR THE SALE OF PRODUCTS ABOUT THE ONLINE SHOP OF BRAINPICS GMBH (TERMS STAND 19.5.2020)
Important notes
Due to the current Corona situation with different circumstances in the different Member States of the EU and Switzerland as well as the currently high utilization of the transport companies, there may be delivery delays, for which we ask for your understanding. We will make every effort to deliver the products as soon as possible.
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as “Terms” and conditions) apply to all business relationships between BrainPics GmbH (hereinafter referred to as “BrainPics GmbH”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for products (hereinafter referred to as “products” or “goods”) that are purchased through our website www.brainpics.ch (hereinafter referred to as “online shop” or “website”).
The online shop is operated by:
BrainPics Ltd.
Im Sonnenwinkel 3
8570 Weinfelden
UID CHE-231.667.796
Phone 0041 (79) 399 07 88
Individual agreements concluded with the customer precede these GTC. Conflicting terms and conditions of the customer are not accepted.
BrainPics GmbH reserves the right to change these Terms and Conditions at any time. All changes will take effect with the publication of the new Terms and Conditions on the Website. The relevant date for the applicability of the valid GTC is the date of submission of the binding order to us when purchasing a product.
Please read these Terms and Conditions carefully before placing a binding order. By placing a binding order on our products, you agree to the following terms and conditions and our Privacy Policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years old.
2. Conclusion of a sales contract
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the product in the online shop. BrainPics GmbH expressly reserves the right to change the products themselves as well as the contents, such as pictures, assortment, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information in connection with our products are for informational purposes only and are not binding on BrainPics GmbH.
The customer can order the products he has selected via our online shop. The customer can place the products he selects in the “shopping basket”. This is not yet considered a binding order. An order is only deemed to have been made binding when the customer clicks on the “Send order” button on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the information at any time, detect any entry errors and correct it before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our terms and conditions accepted by you during the ordering process. The confirmation email is only for information that we have received your order. The automatic order confirmation does not yet result in a purchase contract. By submitting the order, you confirm that you have read the Terms and Conditions and agree to them without reservation. We recommend that you print the terms and conditions for the purpose of ordering online and your documentation or save them to your computer.
After you have placed a binding order, BrainPics GmbH is free, at its sole discretion, to either accept the order or reject it by sending a corresponding notification by e-mail and without accepting liability to you or third parties. Any payment already made will be refunded upon cancellation of the order. Reasons for rejecting an order may be, for example, if a product is no longer available, if we cannot obtain permission to pay the customer, or if there is reason to believe that the customer is acting against these Terms, individual contracts, fraudulent or other criminal activities, or for any other important reason.
Upon acceptance of the order, a binding purchase contract with the customer is created. This acceptance takes place by the dispatch of the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products that are not available
All information about the availability, shipping and delivery of a product is preliminary information and approximate indicative values. They do not constitute binding or guaranteed shipping or delivery dates. Liability for products not available or for delays in shipping or delivery is expressly excluded.
Our products are available as long as our supplies are sufficient. If BrainPics GmbH determines that the products you have ordered are not available when processing your order, we will inform you immediately. In this case, a contract for the products that are not available is not concluded, as the ordered products cannot be delivered.
We also reserve the right to limit the number of items that can be purchased by a customer. If necessary, we will inform the customer by e-mail accordingly.
4. Prices and shipping costs
Our products and prices correspond to those listed on the website. All prices are quoted in CHF (Swiss francs) and include the statutory value added tax (VAT) of 7.7. The total price of your order, including all incidental and shipping costs, is displayed at the end of the ordering process. Additional customs duties and delivery costs may apply for shipments to countries outside the EU/Switzerland. These are not included in the price and are to be paid by the customer.
By placing your binding order, you declare that you agree to the total price of the ordered products. After the binding order, the price can no longer be adjusted.
BrainPics GmbH reserves the right to change prices at any time. The products will be charged on the basis of the prices offered at the time of placing the binding order.
5. Terms of payment/credit check
Orders are generally due for payment immediately.
The customer has the option of payment with the means of payment, which are displayed on the website or during the ordering process. These may change from time to time as well as country-specific. In addition, we reserve the right not to offer certain payment methods in a specific case and to refer to other payment methods used by us (for example, to hedge our credit risk only those according to the respective creditworthiness). BrainPics GmbH is expressly entitled by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
By choosing the payment method, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes BrainPics GmbH to collect or collect payments in the appropriate way. In the case of chargebacks, BrainPics GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, BrainPics GmbH shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to verify the validity of the card, to check the availability parameters for collection and address data, and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. In the event of rejection of the payment, BrainPics GmbH reserves the right to cancel the order and to stop shipping the products. In this case, we will contact you as soon as possible.
When paying by invoice, the customer will receive the invoice with IBAN number by e-mail. Payment must be made using the invoice number within the payment period indicated on the invoice. The order is only triggered after receipt of complete payment.
6. Terms of Delivery
Delivery is generally made via couriers such as UPS, TNT, FedEx. The costs incurred are already included in the stated final price for deliveries to Switzerland and the EU. Worldwide deliveries may incur additional duties and delivery costs, which must be paid separately to the respective billers by the buyer.
The products you receive in our online store will be delivered to you within 14 working days of receipt of full payment, depending on your destination.
BrainPics GmbH makes every effort to comply with the specified delivery times. However, BrainPics GmbH is not responsible for delivery delays, regardless of their causes. We will inform you immediately of any delays in delivery.
If the delivery of the product fails due to the fault of the customer despite three attempts to deliver, BrainPics GmbH may withdraw from the contract. Payments made, if any, will not be refunded.
7. Retention of title
BrainPics GmbH remains the owner of the delivered products until they have been paid in full.
Please note that by purchasing a work with content from our image ry, you only acquire the property in rem. No other rights of use are granted. Any reproduction (reproduction), distribution, rental, public access or other analogue or digital exploitation is not permitted, unless permitted by law.
8. Right of withdrawal and return
We would like to point out that for works from the Brainpics shop as well as an “individual product” a right of revocation is excluded, as the created works are custom-made according to your specifications and are tailored to your personal needs. In accordance with Section 18 (1) Z 3 FAGG, a right of revocation is excluded for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
9. Notification of defects/guarantee
BrainPics GmbH guarantees that the goods comply with the guaranteed properties and have no defects affecting their value or suitability for the presumed use.
After receiving the products, the customer must immediately check them for correctness, completeness and possible damages. Errors or damage must be reported to BrainPics GmbH within five working days. Defects that could not be discovered during a proper examination and occur only later must be reported in writing immediately after their discovery. If you do not check the defect or notify it immediately, the goods are deemed to have been approved and you are no longer entitled to make claims against us.
The customer’s warranty claims are limited to replacement delivery or rectification/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. BrainPics GmbH decides at its own discretion on replacement delivery or rectification.
For the notification of complaints or service questions, please contact us at the following address with the order number, a description of the error and other helpful information:
BrainPics GmbH, Im Sonnenwinkel 3, CH-8570 Weinfelden, info@brainpics.ch, 0041 79 399 07 88
The defective product must be sent to the email address of BrainPics GmbH (info@brainpics.ch) with proof of image and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as in case of loss of package, your warranty claim cannot be processed.
10. Complaints and complaints
We attach great importance to customer satisfaction. You can contact us at any time at the contact information provided at the beginning. We will endeavour to review your enquiries and complaints as soon as possible and will contact you after receiving the documents or submitting or complaining. If you have any complaints or complaints, please help us by informing us of the exact problem or the error marks and, if necessary, providing a copy of the order documents or at least providing the order number. We will endeavour to respond to you within five business days.
11. Liability [1]
BrainPics GmbH shall be liable for damages caused and proven by BrainPics GmbH in the event of a breach of its own obligations under these General Terms and Conditions and the contractual relationships based on them. Liability, whether due to a contract, tort or for any other reason, is expressly excluded for slight and medium-term negligence as well as for indirect and consequential damages. Indirect damages are, for example, lost profit, financial losses, reputational damage or loss of data due to temporary impairments or interruptions in the availability of the services of BrainPics GmbH. In addition, BrainPics GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability do not apply to culpable injury to life, body and health directly caused by BrainPics GmbH as well as in the case of mandatory statutory regulations, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability in accordance with these General Terms and Conditions, regardless of the reason, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us.
Event outside our sphere of influence
In the event of an event beyond our control and control (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations arising from these GtC and the contractual relationship based on it. For example, an event outside our sphere of influence occurs in the following cases:
In the event of strikes, blockades or other industrial acts by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, motor routes or other means of public or private transport.
If there is an event outside our control that affects the performance of our obligations within the contract, we will inform you as soon as possible.
12. Data protection
BrainPics GmbH collects and processes personal data only within the scope of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration under https://www.brainpics.ch/datenschutz/, which forms an integral part of these TERMS and conditions.
13. Copyright
The information and content published on the website is protected by copyright and is the property of BrainPics GmbH or the respective rights holder. The reproduction, processing, distribution or any other form of exploitation require the prior written consent of the respective right holder. BrainPics GmbH and the corresponding rights holder expressly reserve all rights in this regard.
14. Severability clause
Should any of the provisions of these Terms and Conditions be or become unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by an effective provision that takes into account as far as possible the economic purpose of the provision and the will of the parties at the time of conclusion of the contract. The same applies to any gaps in these GtC.
15. Dispute resolution online [2]
The European Commission has set up an online adrenal dispute resolution platform for EU-based consumers, which provides for an out-of-court procedure to resolve all disputes relating to and from online sales contracts. You may use this platform to resolve any disputes arising out of the online agreement with us. The platform is available at the following link http://ec.europa.eu/consumers/odr/.
16. Applicable law and place of jurisdiction
These GtC, the contractual relations based on it and any disputes shall be applied exclusively to substantive Swiss law to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of BrainPics GmbH. For legal entities, the place of jurisdiction is only the registered office of BrainPics GmbH.
These provisions shall apply only if there are no mandatory provisions of the law of the State in which the consumer is habitually resident, which act on these GTC.
[1] Liability may also be settled in other forms, within the legally permissible framework, in particular in compliance with the condition of liability for a defect in the purchased item under Art. 199 OR (according to which the condition of liability is invalid if the seller has fraudulently concealed the breaches of the guarantee from the buyer) and the use of abusive terms and conditions in accordance with Article 8 of the UWG.
[2] The obligation to provide information applies only to Swiss online traders who also have a branch in the EU. On the other hand, it does not apply to a Swiss online retailer, which merely addresses its products to EU consumers.
