General terms and conditions for the sale of goods via the webshop www.hieronymus-cp.com (as of November 2014)
Hieronymus Stationers AG (hereinafter ‘Hieronymus’), Sennweidstrasse 35, 6312 Steinhausen, Switzerland, specialises in the manufacture and sale of goods in the stationery and paper sector. Hieronymus operates the website www.hieronymus-cp.com. The general terms and conditions (hereinafter ‘GTCs’) below govern the sale of products by Hieronymus to private customers (hereinafter ‘customers’) by means of online orders via the webshop www.hieronymus-cp.com.
Contracts arising out of online orders are based solely on these GTCs, which the customer must expressly accept before sending his order. Any general terms and conditions of the customer are expressly excluded. Any provisions which differ from these GTCs only become part of the contract if confirmed by Hieronymus in writing.
Hieronymus reserves the right to make alterations or additions to the existing GTCs at any time or to introduce new GTCs. The current GTCs are available for viewing, saving and printing at any time on www.hieronymus-cp.com. The version of the GTCs which is valid and part of the contract is the version at the time of order in each case.
Detailed information on the products available on www.hieronymus-cp.com is given directly on the website. Photographs, descriptions and drawings of the products are provided by way of example and are not part of the contract. The materials used in Hieronymus products may give rise to unavoidable slight variations in colour, structure or shape compared to the photographs, which are shown for illustration purposes only.
3. Subject matter and conclusion of the contract
The presentation of products on the website www.hieronymus-cp.com constitutes a non-binding offer only. By clicking on the ‘BUY’ button at the end of the order process, the customer makes a binding offer to Hieronymus to enter into a purchase contract in respect of the selected goods (order). Hieronymus then sends the customer an e-mail confirming receipt of the order (order confirmation). This order confirmation is solely for information purposes and does not represent acceptance of the offer. A purchase contract is only entered into (acceptance) when the ordered goods are dispatched and this is confirmed to the customer by e-mail (dispatch confirmation). If the customer’s order is sent in more than one package, the customer may potentially receive a separate dispatch confirmation for each package. In this case, a separate purchase contract is entered into in respect of the products listed in each dispatch confirmation.
4. Prices and delivery costs
Webshop orders are subject to the prices listed at the time of order (Swiss francs, euros or US dollars). The currency of an order depends on the currency of the country from which the webshop is accessed. If the delivery address is in a different country to that from which the order is placed, there may be changes to the currency.
Delivery address in Switzerland:
- All product prices shown at the checkout (in Swiss francs) are inclusive of Swiss value added tax (VAT).
- Shipping costs are shown separately on the price summary at the checkout.
- No customs duty is charged.
Delivery address outside Switzerland:
- All product prices shown at the checkout (in euros or US dollars) are exclusive of VAT. Country-specific VAT will be charged to the customer separately on an invoice from the shipping company.
- Shipping costs are shown separately on the price summary at the checkout.
- Any customs duty is charged to the customer separately by the customs office.
5. Payment terms
The customer can choose to pay the purchase price either by bank transfer (pre-payment) or card. The following debit and credit cards are accepted: Visa, Eurocard/Mastercard, American Express and Maestro. By entering the card number, expiry date and security code, the customer confirms that he is authorised to use the card in question. The customer’s card is charged at the time of ordering.
If Hieronymus refuses the order or it is duly cancelled by the customer, or if payment by the customer is deemed to have been unduly made, any payments which have already been made shall be refunded.
If the customer has chosen to pay by bank transfer, the order confirmation shall contain all the necessary details of the Hieronymus bank account to which the required amount is to be transferred. Ordered goods shall remain in the possession of Hieronymus until payment has been made in full
The ordered goods shall be delivered after the purchase price has been paid in full. Hieronymus shall deliver the ordered goods to the delivery address given by the customer, which may differ from the invoice address. However, only one delivery address is possible per order. If the order is to be sent abroad as a gift, the ‘send without invoice’ option must be selected so that the recipient of the gift is not sent any customs or VAT invoices. This method of processing costs is only possible if both the invoice and delivery addresses are in the same country.
Together with the shipping company, Hieronymus offers a limited range of delivery options (1st class post, 2nd class post, express delivery, etc.) depending on the destination country. Delivery costs and times depend on the option chosen as well as on the country to which the delivery is to be made. The delivery times stated are expected times. This is especially applicable in the case of personalised products, which attract longer delivery times as they are made specially for the customer.
7. Right to cancel
If the customer is an individual who places the order outside the scope of his commercial, professional or artisanal activities, Hieronymus will allow him to cancel. This right to cancel only applies to standard items. Orders for customised goods, e.g. personalised Hieronymus products, may not be cancelled.
The customer within the meaning of the above paragraph is entitled to cancel the contract within fourteen days of receiving the goods, without needing to give any reasons. The cancellation is deemed to be legally valid if the customer informs Hieronymus in writing (letter, fax or e-mail) of his decision to cancel the contract. The customer shall send or hand any goods delivered after cancellation back to Hieronymus within seven days. The cost of return shipment shall be met by the customer. If the goods cannot be returned by post because of their physical properties, the customer must contact Hieronymus in order to agree how they are to be sent back. The customer shall only be liable for any loss of value of the goods if this is caused by handling above and beyond what is necessary to check the physical properties, characteristics and method of operation of the goods.
If the contract is duly cancelled, Hieronymus shall refund the purchase price to the customer no later than fourteen days from the day on which Hieronymus received notification of the cancellation. If the goods have already been delivered at the time notification of the cancellation is received, the repayment period shall commence from when Hieronymus receives the returned goods. There is no entitlement to any default interest. The same method of payment shall be used for the refund as the customer used for the original transaction unless expressly agreed otherwise.
8. Claims for defects/warranty
The materials used in Hieronymus products may give rise to slight variations in colour, structure or shape compared to the photographs on the website, which are shown for illustration purposes only. Variations of this kind do not constitute defects and are therefore not subject to statutory claims in this regard.
If product packaging is visibly damaged on delivery, the package must be opened in the presence of a representative from the shipping company and the condition of the goods must be checked. Any damage to the goods must be documented on the delivery note. Hieronymus must be contacted immediately in such a case.
It is the customer’s responsibility to check in general whether the goods supplied are the same as were ordered and that they are free from defects. The customer must carry out this check promptly. If the goods are not the same as were ordered or have any visible defects, Hieronymus must be informed immediately by telephone or e-mail (contact details on the website), but within no more than five days. Defects which are not immediately visible (hidden defects) must also be reported to Hieronymus within five days of discovery. If these time limits for submitting complaints are not complied with, the products supplied shall be deemed to have been accepted. In the event of a production defect, Hieronymus may either rectify the defect or supply a defect-free product by way of supplementary performance. If it is not possible to either rectify the defect or supply a defect-free product, the customer shall be entitled to have the purchase price reduced (price reduction) or the purchase contract cancelled (rescission). However, there is no right of rescission in the case of minor defects.
Warranty claims are limited to two years after receipt of the goods. The warranty does not apply if the defects complained about are attributable to the effects of normal wear and tear or to improper use, if force majeure applies or if there is any evidence of intervention by the customer or third parties. The burden of proof for all circumstances giving rise to claims shall lie with the customer.
After the warranty period expires, the customer may contact Hieronymus (contact details on the website) at any time to arrange chargeable repairs to Hieronymus products.
10. Data protection
Hieronymus undertakes to protect the privacy of all customers and to treat their personal details as confidential. Customer data is collected if it is provided in the course of making contact or if the customer registers with the webshop or opens an account. The data is used solely to offer customers the information or services they require, i.e. only information essential for answering the customer’s enquiries or processing the contractual relationship is stored.
If a visitor to the website wishes to be sent additional information, he can activate this by clicking on the ‘Provide additional information’ function. Receiving additional information is voluntary and can be deactivated at any time.
Insofar as the customer discloses any personal information, Hieronymus will only use it to answer enquiries and process contracts and for technical administration purposes. As a basic principle, Hieronymus does not pass on any personal information to third parties, unless this is necessary in order to comply with statutory or contractual provisions, such as processing deliveries or payments.
For further information on the handling of personal information, please see the data protection statement on the website www.hieronymus-cp.com.
11. Intellectual property
The website, all the content thereof and all the rights associated therewith, together with the content of additional information, are protected by copyright. The owner of the protected content and elements is either Hieronymus or third parties that have given Hieronymus permission to use the corresponding elements.
Any trademark and/or design rights are also held by Hieronymus or used by Hieronymus with the consent of the right holder. Customers and visitors to the website are not granted either a property right or a right of use (licence) in respect of the content of the website or the elements thereon.
Downloading or printing the content of the website and the elements thereon is only permitted provided neither copyright marks nor any other protected marks are removed. Sources must be quoted. Any use, reproduction or modification of the website (in whole or in part) for commercial or public purposes is expressly prohibited without Hieronymus’s prior consent.
Hieronymus shall not be liable for any damage not caused to the supplied products themselves. Liability cannot exceed the order value of the goods insofar as Hieronymus can only be accused of minor negligence. Hieronymus shall not be liable for any omissions or for late compliance with contractual obligations if these are caused by force majeure, the customer’s own fault, improper use of the supplied products or any other causes beyond Hieronymus’s control.
13. Final provisions and jurisdiction
If individual provisions in these GTCs are legally invalid, in whole or in part, or subsequently lose their legal validity, or in the event of contractual loopholes, this shall not affect the validity of the remaining provisions of the GTCs. In such a case, the legally invalid or missing provisions shall be replaced or supplemented, as appropriate, by provisions which come as close as possible to the original commercial and legal purpose of the GTCs.
All legal transactions with the service provider are subject exclusively to Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the absence of a mandatory place of jurisdiction, jurisdiction for disputes arising between Hieronymus and the customer shall lie exclusively with the courts at the place where Hieronymus has its registered office.