terms of service
General Terms and Conditions (GTC) of saltybluespots
1. Scope of application
The following General Terms and Conditions (GTC) in the version valid at the time of the order shall apply exclusively to all business relations between saltybluespots and the Customer. For the purposes of these GTCs, the Customer is deemed to be any natural or legal person who enters into a business relationship with saltybluespots. Deviating conditions of the Customer shall not be recognised unless saltybluespots expressly agrees to their validity in writing.
The address and contact details of your contractual partner are saltybluespots, Badenerstrasse 266, 8004 Zurich / firstname.lastname@example.org
The General Terms and Conditions may be supplemented or amended by saltybluespots at any time at its own discretion.2. Information and offers on this website
All information provided by saltybluespots on products and prices prior to conclusion of the contract is subject to change and non-binding.
All product information (product or service description, illustration, dimensions, weight and other details) shall not have the character of an assurance or guarantee. saltybluespots endeavours to provide all information correctly, completely and up to date, but saltybluespots cannot guarantee this either expressly or implicitly.3. Prices and shipping costs
For orders, the prices stated at the time of the order shall apply. The prices quoted are net prices in Euro (EUR).
Prices can be changed by saltybluespots at any time and without prior notice.
Any shipping costs will be charged separately to the customer. The shipping costs are listed separately in the shopping cart before the order is sent.
Further information on shipping costs can be found under return policy and shipping.
4. Order process and conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order.
The Customer can select products and/or services from the range of products offered by saltybluespots without obligation and collect them in a so-called shopping basket by clicking on the [add to basket] button. Afterwards, the Customer can click on the button [proceed to checkout] within the shopping cart to complete the order process. During the ordering process, the customer is obliged to provide truthful personal data. saltybluespots does not assume any liability for false information (e.g. wrong address). By clicking the [Buy Now] button and accepting these terms and conditions, the customer makes a binding offer to purchase the goods in the shopping cart. saltybluespots will then send the Customer an automatic confirmation of receipt by e-mail, which confirms that the Customer's offer has been received by saltybluespots. However, this does not constitute acceptance of the offer. The contract shall only come into effect as soon as saltybluespots sends a declaration of acceptance by e-mail confirming that the ordered products and/or services have been dispatched. Delivery of the goods shall only take place after receipt of full payment (except for delivery against invoice) and availability of the goods.
If the ordered goods cannot be delivered or cannot be delivered in full after conclusion of the contract, saltybluespots reserves the right to withdraw from the entire contract or part of the contract. The Customer shall subsequently be released from the obligation to pay, insofar as this has not yet been received by saltybluespots. Again, the payment shall be refunded if it has already been received by saltybluespots. In the event of such termination of the contract, saltybluespots shall not be obliged to provide a replacement.
5. Delivery and availability
The information on availability and delivery time is without guarantee and can be changed by saltybluespots at any time and without notice.
Delivery of the goods will be sent by post to the address indicated by the customer in the order.6. Retention of title
7. Terms of payment
The delivered goods remain the property of saltybluespots until full payment has been made.
The customer can choose from the available payment methods during and before completion of the order process. If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply. saltybluespots reserves the right to exclude customers from individual payment options without justification or to insist on advance payment.
If the Customer is in default, saltybluespots may charge interest on arrears at a rate of 5 percentage points and a reminder fee of a maximum of CHF 20. The Customer's obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.8. Right of withdrawal
Saltybluespots grants the Customer a voluntary right of withdrawal. The Customer is entitled to revoke his declaration of intent to conclude a contract without giving reasons within 30 days of receipt of the goods in text form (e.g. letter of e-mail). The period begins on the day of receipt of the goods by the recipient. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation in text form is to be sent to the address given in point 1. or by e-mail to email@example.com.
In the event of an effective revocation, both parties must reimburse the services already received. If the customer returns the received goods in a deteriorated condition, he/she must pay compensation for lost value. The burden of proof of the return of the goods lies in any case with the customer. The customer must also bear the costs and risk of the return, unless the delivered goods do not correspond to the ordered goods. Until the goods are returned in full, saltybluespots shall exercise its right of retention.
The right of revocation is excluded in the following cases:
- If the contract has a random element (e.g. price fluctuations) over which saltybluespots has no influence.
- If the goods delivered are perishable goods.
- If the delivery of goods is goods which are not suitable for return due to their nature.
- If the delivery of goods is goods which have been manufactured according to the customer's specifications or which have been clearly tailored to personal requirements.
- If the delivery of goods involves goods that were specially procured abroad for the customer.
- If the delivery involves digital content and this content is not provided on a fixed data carrier.
- If the delivery involves digital content on a fixed data carrier, but the delivered data carrier has already been unsealed by the customer.
- If it is a service and the contract is to be fully performed by saltybluespots with the prior express consent of the Customer before the withdrawal period has expired.
- If, upon conclusion of the contract, saltybluespots undertakes to provide the services at a specific time or within a precisely specified period.
In the event of the exclusion of revocation and return, the Customer shall bear the costs of reshipment to the Customer if the goods are returned to us.9. Warranty
If the delivered goods are defective at the time of the transfer of risk, e.g. due to a manufacturer's fault, or if the delivery is incorrect or incomplete, saltybluespots shall, at its own discretion, deliver a replacement or cancel the purchase and refund the purchase price to the Customer. Further claims are excluded. saltybluespots shall pay the postage for the return shipment in case of wrong delivery or delivery of defective goods.
Normal wear and tear and the consequences of improper handling or damage by the Customer or third parties as well as defects attributable to external circumstances are not covered by the warranty. The warranty for consumable and wearing parts is also excluded.
The customer's warranty claim expires if he does not notify the defect or wrong delivery by e-mail (firstname.lastname@example.org) within 30 days after receipt of the goods.
saltybluespots cannot guarantee that the information is up to date, complete and correct, or that the website, its functionalities, integrated hyperlinks and other contents are available at all times or undisturbed. Saltybluespots cannot guarantee that use of the Website will not infringe any rights of third parties not owned by saltybluespots.10. Duty of inspection and notification of defects
Deliveries are sent by mail to the address indicated by the customer in the order. Upon dispatch, the benefit and risk are transferred to the customer, insofar as this is legally permissible. If the delivery cannot be delivered or if the Customer refuses to accept the delivery, saltybluespots may, after notifying the Customer of the complaint by e-mail and setting a reasonable deadline, dissolve the contract and charge the Customer for the costs of the work involved.
The Customer shall be obliged to inspect the delivered goods immediately upon receipt and to report any defects for which saltybluespots provides a warranty immediately, but at least within 30 days of receipt of the goods, in text form (e.g. letter or e-mail) at the address given in point 1. or by e-mail to email@example.com.
Customers are requested to notify saltybluespots via e-mail (firstname.lastname@example.org) before returning the goods.
The Customer shall send the goods in their original packaging, complete with all accessories and a detailed description of the defects to the address given in point 1. The burden of proof of the return of the goods is in any case with the customer. The customer must also bear the costs and risk of the return. If the inspection by saltybluespots shows that the goods do not have any detectable defects or that they are not covered by the manufacturer's warranty, saltybluespots may charge the Customer for the work involved and the return shipment.
If the Customer returns the received goods in a deteriorated condition, he must pay compensation for lost value.
saltybluespots excludes all liability, regardless of the legal grounds on which it is based, as well as claims for damages against saltybluespots and/or auxiliary personnel and vicarious agents. Under no circumstances shall saltybluespots be liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage or pure financial loss of the Customer. Excluded is the mandatory legal liability for unlawful intent (wilful intent) or gross negligence.
Saltybluespots's website contains hyperlinks for the simplified access of the Customer to other websites. Saltybluespots accepts neither liability nor any other responsibility for the content of these linked web offers.
saltybluespots undertakes to treat the personal data of the customers in accordance with the data protection regulations of Switzerland.
The data recorded by the Customer within the framework of the order in order to fulfil the obligations arising from the purchase contract may be processed and used by saltybluespots as well as used for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners or other third parties.
14. Applicable law, place of jurisdiction and contractual language
The legal relations between the Customers and saltybluespots shall be governed by the provisions of substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISGG).
The place of jurisdiction shall be Zurich, unless the law provides for compulsory places of jurisdiction.
The contract shall be concluded exclusively in the German language.
Saltybluespots reserves the right to change these General Terms and Conditions (GTC) at any time and without notice.
Status of the Terms & Conditions: Juli 2020, © saltybluespots