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General terms and conditions of business

1. Scope and Scope

These General Terms and Conditions (GTC) apply to all business relationships between you and sui.polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach (hereinafter sui.polewear; we) for products that you purchase via the online shopwww.suipolewear.ch buy.

We reserve the right to change the terms and conditions at any time; the General Terms and Conditions valid at the time the binding order is placed shall apply. Terms and Conditions that deviate from and/or conflict with these Terms and Conditions shall not apply between you and us.

You must carefully read the Terms and Conditions with the provisions below. A binding order may only be placed: When placing a binding order in our online shop, you agree to the following conditions and our data protection declaration (www.suipolewear.ch/datenschutz) agreed. You also expressly declare that you are at least 18 years old and authorized to conclude legally binding contracts.

2. Conclusion of a purchase contract

The representations of our products in the online shop do not represent a legally binding offer. Our online shop is a non-binding online catalogue, and therefore a non-binding suggestion to order the products in our online shop. We therefore reserve the right to change products and content (e.g. images, prices, descriptions, etc.) at any time and without prior notice. We would like to point out that all illustrations, images, advertising and other information in connection with our products are only for the purpose of your information; they are not binding on us.

You can make a binding order for the desired products in our online shop. To do this, select products that are then placed in the so-called "shopping cart". Merely placing it in the "shopping cart" does not constitute a binding order. The order is only binding when you click on the “Order with costs” button in the order overview at the end of the ordering process. Before submitting the order, you can change all the information, identify any input errors and correct them if necessary before placing the binding order.

After placing your binding order, you will immediately and automatically receive an order confirmation. The order confirmation contains the data of your order as well as a copy of the general terms and conditions. We recommend that you save the order and in particular the General Terms and Conditions on your device. In this regard, we would like to point out that the sending of the order 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.

After your binding order and the acceptance of the terms and conditions, we are free to either accept your order or to refuse/cancel it by sending you a notification by e-mail and without assuming any liability to you or a third party. Any payment you have already made will be refunded to you in the event of rejection/cancellation.

In any case, the following reasons, as well as other important reasons, constitute an acceptable reason for a refusal/cancellation: A product is no longer available; we do not receive authorization for the payment; the payment is not received; You breach the T&Cs; You commit fraudulent and/or other criminal activities.

The binding purchase contract is created by our acceptance of the order. The acceptance takes place by sending the ordered products. We point out that the commercial distribution or resale of our products is prohibited.

3. Availability and reservation of performance for products that cannot be delivered

All information about the availability of our products as well as information about shipping and delivery is provisional and should be considered as an approximate guide. These are neither binding nor guaranteed shipping and delivery dates. We accept no liability for unavailable products or for delays in dispatch and delivery; liability for this is expressly excluded.

Our products are available while stocks last. If we find that there are not enough products, we will inform you immediately. In this case, the contract between you and us will not come into effect. We also reserve the right to limit the number of items per order and/or customer. In this case we will inform you immediately by e-mail.

4. Prices and shipping costs

The prices of our products correspond to those in the online shop. All prices are given in Swiss francs and include the VAT applicable for the respective country. You can see the total price of your order, including any ancillary and/or shipping costs and the VAT payable for the respective country, at the end of the ordering process. When shipping abroad (outside Switzerland), additional customs fees may apply. These are not included in the aforementioned total price and must be paid for by you.

By placing a binding order, you declare that you agree to the total price of your order displayed. This price cannot be adjusted afterwards.

We reserve the right to change prices at any time. The time of the binding order is decisive.

5. Terms of Payment / Credit Check

Your orders are generally due for payment immediately. You have the option of paying the total price using the options shown in the online shop. However, we reserve the right not to offer certain payment methods in specific individual cases. In this case we refer to other payment methods.

You expressly authorize us to carry out credit checks at our own discretion and to pass on your data to third parties for this purpose.

You authorize the payment - with the choice of payment method - either by entering the credit card data or access data of a payment service provider. You authorize us to receive or collect payments to the appropriate extent. Should chargebacks occur, we are entitled to reimbursement of the associated costs and bank processing fees. Under no circumstances shall we be liable for any fees and/or other amounts charged to you by your card issuer or bank as a result of the payment processing of your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the relevant card, check the availability parameters and address details and 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 any case, if payment is refused, we reserve the right to cancel the order and refuse to ship the products. In this case you will immediately receive an e-mail from us.

If we offer you payment by invoice or prepayment, you will receive the invoice and the payment slip either in advance by e-mail or together with the ordered products. Payment must be made using the payment slip and within the specified period. If payment is not made on time, we are entitled to cancel the delivery (payment in advance). If payment is not made on time when ordering by invoice, we are entitled to charge our expenses with reminder fees of CHF 25.00 per reminder. In addition, we charge other costs associated with the collection as well as the statutory interest on arrears. Should it be necessary to initiate a debt enforcement process, we will charge an additional processing fee of at least CHF 200.00.

6. Terms of Delivery

Deliveries are always made via the delivery service of Schweizerische Post AG. The costs for the delivery are calculated according to the order overview at the end of the order. The following delivery services are used for deliveries to the EU: Swiss Post AG. You will pay the costs incurred in advance (see order overview).

The goods that you order from us in the online shop will be delivered to you within 2-8 working days after receipt of full payment, depending on the destination and the availability of the products. If products are marked as “not in stock” when ordered, we will endeavor to deliver the goods as quickly as possible. We do everything we can to meet the specified delivery times. In no case are we responsible for delays in delivery; this regardless of their causes. You will be informed by us about delays in delivery immediately by e-mail.

If a delay in delivery lasts more than 3 weeks beyond the original delivery date, you are entitled to cancel your order. Further claims, in particular claims for damages, lost profits, etc., are excluded.

7. Retention of Title

We remain the owner of the products ordered until they have been paid for in full.

8. Right of cancellation and return (only customers resident in the EU)

The following statements only apply to you if you are resident in the EU. If you are resident in Switzerland, the following provisions are irrelevant:

For all purchases made via our online shop (with the exception of certain products; cf. the cancellation restrictions below), you as a consumer have a right of cancellation within 14 days of receipt of the products without giving a reason. You or a third party named by you who is not the carrier can withdraw from the contract within 14 days of receipt of the products by returning the relevant products to us or sending us a clear declaration of cancellation in text form (e.g. by letter or email).

The 14-day return period begins on the day after receipt of the products and is met when the products or the cancellation notice are handed over to the post office or another transport company for return or for dispatch on the last day.

A prerequisite for exercising the right of withdrawal is that you return the products to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:

sui. polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach

If you cancel the contract and return the goods properly, we will refund the total price you paid (excluding any delivery costs) no later than 14 days from the day on which we received notification of your cancellation of this contract or on which we received the goods. The repayment takes the form of a credit to the customer account or the issue of a voucher for our online shop. You as the buyer bear the costs (postage/shipping) of the return.

We can refuse the repayment until we receive back the delivered products or until you provide proof that the products have been sent back.

You only have to pay for any loss in value of the products to the extent that this loss in value is due to handling that is not necessary for checking the nature, properties and functioning of the products.

The right of revocation is excluded insofar as it concerns products that we have manufactured according to your own wishes and specifications or that are clearly individualized for you (so-called customer-specific, individualized products). The right of withdrawal is also excluded if the products are not suitable for return for health or hygiene reasons and the packaging was opened after delivery.

9. Complaints / Warranty

We guarantee that the products correspond to the guaranteed properties and have no defects that impair their value or suitability for the intended use.

You must check our products for correctness, completeness and possible damage immediately upon receipt. Errors or damage must be reported to us within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you fail to inspect the products and/or report the defects promptly, the product will be deemed approved and you will no longer be entitled to make any claims against us.

The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the corresponding product. Products that are damaged through your own fault are excluded from the warranty.

Your warranty claims are limited to replacement delivery or the elimination of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. We decide at our own discretion whether to provide a replacement or repair. If subsequent delivery or rectification fails, you are entitled to withdraw from the contract – only in the case of significant defects.

For complaints or service questions, we are at your disposal at the following address with the order number, the customer number, a description of the error and other helpful information:

sui. polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach

The defective product must be returned to the above address with a copy of the invoice provided and a detailed description of the defect. The return of a product is at your expense and risk. You should confirm the return and keep the confirmation so that in the event of a package loss, the return can be processed.

10. Account Registration

41) When registering a customer account, customers can view information about completed, open and recently sent orders as well as manage and save address data, any payment data and any newsletter. The customer data is thus saved; there is no need to enter it again when ordering again.

You are responsible for registering your customer account yourself and must provide the personal data required for registration truthfully and completely. You undertake to treat the personal access data for the customer account confidentially and not to make it accessible to unauthorized third parties. We assure that customer data will be treated confidentially and will not be passed on to third parties. For more information on data protection, please refer to our data protection declarationwww.suipolewear.ch/datenschutz.

Registration in our online shop is free. You are only entitled to one customer account. We reserve the right to delete multiple accounts and to admonish, suspend or delete and/or modify the content for any breach of the Terms of Service.

Furthermore, we are not obliged to accept the registration and/or the order from you, even if you are a registered customer.

11. Liability

In the event of a breach of our own obligations under these General Terms and Conditions and the contractual relationships based on them, we are liable for damage caused and proven by us through illegal intent or gross negligence. Liability is expressly excluded for slight and moderate negligence and for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damage includes, for example, lost profits, financial losses, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of our services. In addition, we assume no contractual or non-contractual liability for damage caused by auxiliary persons who are 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 caused directly by us or in the case of mandatory statutory regulations, including the provisions of the Product Liability Act.

Subject to the foregoing, our total liability under these Terms, regardless of the reason, and to the maximum extent permitted by law, shall be limited to the price of the Products you have ordered and received from us.

In the event of events that are beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or late performance of any obligations arising from these GTC and the contractual relationship based on them. An event beyond our control is, for example, the following: strikes, protests, protests, lockdowns or other industrial actions by third parties, invasions, acts of terrorism, war, fire, explosion, storm, flood, earthquake, epidemic, pandemic, other natural disaster, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor or other means of public or private transportation.

Should an event occur beyond our control that affects the performance of our obligations under the contract, we will inform you as soon as possible.

12. Privacy

We collect and process personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of customers' personal data, rights and related issues can be found in our data protection declaration atwww.suipolewear.ch/datenschutz, which forms an integral part of these General Terms and Conditions.

13. Copyright

The information and content published in the online shop are protected by copyright and are our property or the property of the respective copyright holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires our prior written consent, resp. the consent of the respective rights holder. We and/or the relevant rights holder expressly reserve all rights in this regard.

14. Severability Clause

Should one of the provisions of these General Terms and Conditions be or become illegal, invalid or unenforceable, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.

15. Governing Law and Jurisdiction

Only substantive Swiss law applies to these GTC, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for you as a natural person is either our registered office or your place of residence. For you as a legal entity, our registered office is the exclusive place of jurisdiction.

 

sui.polewear GmbH, Version June 2023

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