General Terms and Conditions (GTC)
1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between Eurotrade AG (hereinafter referred to as "Eurotrade AG", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for our products (hereinafter referred to as "products" or "goods") purchased via our website www.et-hoofcare.ch (hereinafter referred to as "online store" or "website").
The Website and the Online Shop are operated by:
Eurotrade AG
Gewerbestrasse 18
4105 Biel-Benken | Schweiz
Phone: +41 (0)61 511 10 10
E-mail: info@et-hoofcare.ch
Website: www.et-hoofcare.ch
Individual agreements concluded with the customer shall take precedence over these GTC. Conflicting conditions of the customer are not recognized.
Eurotrade AG reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as 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 purchase agreement
The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customers to order the product in the online store. Eurotrade AG expressly reserves the right to change the products themselves as well as the contents, such as pictures, assortment, prices and the descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on Eurotrade AG.
The customer can place a binding order for the products selected by him via our online store, by e-mail, letter or telephone. When ordering via the online store, the customer can put the products he selects into the "shopping cart". This is not yet considered a binding order. An order shall only be deemed to have been bindingly placed when the customer clicks on the "order subject to payment" button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, recognize any input errors and correct them if necessary 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 e-mail serves only as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation.
After you have placed a binding order, Eurotrade AG is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded to you 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 authorization for the customer's payment, or if there is reason to believe that the customer is acting in violation of these GTC, individual contracts, fraudulent or other criminal activity, or for any other important reason.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance takes place through the shipment of the ordered goods.
3. Availability and reservation of performance for non-deliverable products
All information about the availability of our products and the shipment and delivery of our goods is preliminary information and approximate. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailability of goods or for delays in shipment or delivery of goods is expressly excluded.
Our products are available as long as our stocks last. If Eurotrade AG discovers during the processing of your order that the goods you ordered are not available, we will inform you immediately. In this case, a contract for the goods that are not available will not be concluded, as the ordered goods cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
4. Prices and other costs
Our products and prices are the same as those indicated on the website. All prices are in CHF (Swiss Francs) or in EUR, and include the legal value added tax (VAT), but not the shipping costs.
Eurotrade AG charges the shipping costs (transport costs) for deliveries up to an order value of CHF 1500.- or Euro 1'500.-. Eurotrade AG reserves the right to charge a surcharge for difficult delivery conditions, special requests, exceptions as well as for return orders.
Eurotrade AG grants discounts depending on the annual turnover (see discounts and delivery conditions).
The total price of your order, including all possible additional and shipping costs and the VAT to be paid for the respective country, will be displayed at the end of the order process.
By placing a binding order, you declare that you agree with the total price for the ordered products. After the binding order, the price cannot be adjusted.
The processing and shipping costs are due in any case; even if the order is returned in full.
Eurotrade AG reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time of submission of the binding order.
5. Terms of payment / credit check
The following three options are available for payment:
- Prepayment, TWINT or credit card: Your order will be processed immediately after receipt of payment.
- Pick-up and cash payment in our store at Gewerbestrasse 18, 4105 Biel-Benken/BL (If you do not pick-up the items, they will be shipped to you after 14 days waiting time with costs).
- For specialized partners (trade): Purchase on account: The payment period is 30 days net. In the event of discrepancies in the address provided or negative creditworthiness data, Eurotrade AG is entitled not to carry out delivery on invoice.
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 specific individual cases and to refer to other payment methods used by us (such as prepayment) (for example, to hedge our credit risk, only those according to the respective credit rating). Eurotrade AG is expressly authorized 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.
6. Default of payment and retention of title
Orders are generally due for payment immediately. In the event of late payment, 5% interest on arrears and reminder fees of CHF 30 each will be charged. Eurotrade AG is entitled to assign the claim to a collection agency. The costs as well as any subsequent debt collection and court costs shall be borne by the customer. Information about payment processing can be forwarded to the Swiss Creditreform Association.
The goods remain our property until full payment.
7. Delivery time
The delivery time is usually 2 - 5 business days. If an item is not available within this time, you will be informed and it will be delivered later. If an item has been removed from the assortment, there is no right to delivery.
The seller is entitled to make partial deliveries of the products in exceptional circumstances. The Seller may invoice each delivery separately.
Delivery is usually made from the warehouse at Gewerbestrasse 18, 4105 Biel-Benken/BL, Switzerland.
8. Revocation right and return
Conditions
For all purchases of our goods via our online store (with the exception of certain products; cf. the revocation restrictions below), you as a consumer are entitled to a right of revocation within 14 days of receipt of the goods without giving any reason. You can withdraw from the contract within 14 days after receipt of the goods or a third party named by you, who is not the carrier, by returning the goods to us or by informing us in writing (e.g. a letter sent by post, e-mail or fax) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is met if the goods or the revocation notice is handed over to the post office or another transport company on the last day for return or shipment. Items returned too late will not be credited. You can use the sample withdrawal form available at the following link, which is, however, not mandatory.
A prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods with the completed return receipt or proof of order (e.g. order confirmation by email) must be returned to the following address:Eurotrade AG, Gewerbestrasse 18, 4105 Biel-Benken/BL, +41 (0)61 511 10 10, info@et-hoofcare.ch.
Consequences of revocation
If you cancel the contract, and if the goods are properly returned, we will refund the total price paid by you, including delivery costs (with the exception of costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) immediately and no later than 14 days from the day on which we received notification of your cancellation of this contract or the goods have been received by us. The repayment will be based on the original payment method used and will always be made to the associated account that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Please ensure that you have access to the specified account, as Eurotrade AG accepts no liability in this regard.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Revocation restrictions
The right of withdrawal is excluded for the following items declared as "no return" in the store:
- E.g. feed of all kinds and products that have been individualized according to your own specifications or that are clearly tailored to your needs (so-called customized, individualized products).
9. Defect rights and inspection obligation
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.
Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing immediately, at the latest, however, within 7 days of discovery, insofar as these can be determined by reasonable examination. Defects which could not be discovered during a proper inspection and which only appear later must be notified in writing immediately after their discovery.
If you do not inspect the defect or report it immediately, the product shall be deemed approved and you shall no longer be entitled to assert any claims against us.
The warranty period is 2 years from receipt of the product. Products damaged through the buyer's own fault are excluded from the warranty.
In the case of justified complaints, Eurotrade AG will deliver missing quantities and otherwise exchange or take back the goods. The defective product must be returned to the above address of Eurotrade AG with a copy of the invoice 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 package loss your warranty claim cannot be processed.
Otherwise, any warranty is excluded to the extent permitted by law.
10. Registration for a customer account
When registering a customer account, you can, for example, view information about your completed, open and recently shipped orders and manage and store your address data, any payment data, your personal watch list, and a possible newsletter. Since your data is stored, you do not have to re-enter it when making a new purchase.
If you register for such an account, you are responsible for ensuring that the data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it available to unauthorized third parties. Eurotrade AG guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. For further information on data protection, please refer to our privacy policy here.
Registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
Eurotrade AG is not obliged to accept the registration or the order of a registered customer.
11. Complaints and claims
We attach great importance to customer satisfaction. You can reach us at any time at the contact information provided at the beginning. We will endeavor to investigate your inquiries and complaints as soon as possible and will contact you upon receipt of the documents or your input or complaint. If you have any complaints or inquiries, please help us by telling us the exact problem or error signs and, if necessary, provide a copy of the order documents or at least provide the order number, customer number, etc. We will endeavor to reply to you within 5 working days.
12. Liability
In the event of a breach of its own obligations arising from these GTC and the contractual relationships based on them, Eurotrade AG shall be liable for damage caused and proven to have been caused by it through unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability is expressly excluded, whether based on contract, tort or any other cause. Indirect damages include, for example, loss of profit, financial loss, damage to reputation. Furthermore, Eurotrade AG does not assume any 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 in the case of culpable injury to life, body and health directly caused by Eurotrade AG and in the case of mandatory legal regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the price of the goods that the customer ordered from us.
Liability in case of force majeure
In the event of the occurrence of an event beyond our control and influence (so-called force majeure), we shall not assume any liability or responsibility for the non-performance or delayed performance of any obligations arising from these GTC and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:
In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor lines or other means of public or private transportation.
If there is an event beyond our control that affects the performance of our obligations under the contract, we will notify you at the earliest possible time.
13. Data Protection
Eurotrade AG collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For more information on the processing of your personal data, your rights and related issues, please refer to our privacy policy here, which forms an integral part of these GTC.
14. Final provisions
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.
These GTC, the contractual relationships based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods ("CISG" or "UN Sales Convention").
The registered office of the Company shall be the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC. This does not affect your legal rights as a consumer in the country in which you are located. Eurotrade AG is also entitled to sue at the customer's registered office.
June 2023