General Terms and Conditions (GTC) of strickk
1. scope
The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter "Customer").
A consumer is defined as a natural person who maintains business relations with strickk that cannot be attributed to his or her commercial or independent professional activity. Orders in quantities not customary in the household may be rejected without justification.
strickk reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order shall be authoritative and cannot be unilaterally changed for this order. Conflicting or deviating conditions of the customer are not recognized.
The operator of this website is strickk, Tamara Amstutz.
2. information on this website
strickk contains information about products and services. Prices and assortment as well as technical changes are subject to change. All information on www.strickk.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. strickk strives to provide all data and information on this website correct, complete, current and clear, but strickk can neither expressly nor implicitly guarantee.
All offers on this website are subject to change and are not to be understood as a binding offer.
strickk can not guarantee that the listed products are available at the time of order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
3. prices
The sales prices stated on strickk are final prices and include, unless otherwise noted, the statutory value added tax and any other statutory duties. The prices are net prices in Swiss francs (CHF).
Any shipping costs, where not otherwise provided, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and misprints are reserved. In particular, strickk may make price changes at any time without notice. Consulting and support services are not included in the sales prices.
4. conclusion of contract
The products and prices on this website are considered non-binding offers.
By placing an order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. strickk then sends an automatic order confirmation by email, which confirms that the customer's offer has been received by strickk. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as strickk sends a declaration of acceptance by email, in which the shipment of the ordered products or services is confirmed.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided that the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered completely, strickk is entitled to not or only partially accept or execute the order. In such a case strickk will inform the customer by email. If the customer's payment has already been received by strickk, the payment will be refunded to the customer. If no payment has been made yet, the customer will be released from the obligation to pay.
5. payment options and retention of title
The customer has the payment options specified in the order process.
strickk reserves the right to exclude customers from individual payment options or to insist on prepayment without giving reasons.
strickk may charge interest on arrears of 5% per year and a reminder fee of a maximum of CHF 20 per reminder if the customer is in default of payment.
The products delivered to the customer remain the property of strickk until full payment.
6. delivery, obligation to inspect, notice of defects and return
Deliveries are sent by mail or courier service to the address specified by the customer in the order.
strickk endeavors to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are not binding. strickk is entitled to make partial deliveries. In this case the shipping costs will be charged to the customer only once.
The dispatch of the invoice, as far as delivery against invoice is offered, takes place at the choice of strickk by email or by post.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, strickk may terminate the contract after having notified the customer by email and having granted a reasonable period of grace as well as charging the customer for the costs of the trouble.
The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to notify strickk immediately in writing by letter or email to the address in the imprint of any defects for which strickk is liable.
Returns to strickk are at the expense and risk of the customer. The customer shall send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address specified by strickk Imprint.
If the inspection by strickk shows that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, strickk may charge the customer for the effort, the return shipment or the possible disposal.
7. right of withdrawal
The customer is granted a right of withdrawal for 30 calendar days after receipt of the goods. The deadline is considered met if the customer sends the written revocation by email or letter (address according to imprint) to strickk within the deadline. The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 30 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address given by strickk in the imprint. Returns to strickk are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided strickk has already received the goods back or the customer can provide proof of shipment.
strickk reserves the right to claim reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
- If the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no control;
- If the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;
- If the subject of the contract is a movable item that is manufactured according to the customer's specifications or clearly tailored to personal needs;
- If the subject matter of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;
8. warranty
strickk endeavors to deliver goods in perfect quality. In case of defects notified in due time, strickk warrants the goods purchased by the customer to be free from defects and to be in good working order during the statutory warranty period of generally two years from the date of delivery. It is at the discretion of strickk to provide the warranty by repair free of charge, replacement of equal value or by refund of the purchase price. Further warranty rights are excluded.
Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects that are due to external circumstances are not covered by the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is excluded.
strickk is not able to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by strickk.
9. liability
strickk excludes any liability, irrespective of its legal basis, as well as claims for damages against strickk and against any auxiliary persons and vicarious agents. strickk shall in particular not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
strickk uses hyperlinks only for the customer's simplified access to other web offers. strickk can neither know the contents of these web offers in detail nor assume liability or other responsibility for the contents of these web pages.
10. data protection
strickk may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the fulfillment of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions are available in detail under the following link: Data protection
11. division invalidity
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
12. further provisions
strickk expressly reserves the right to change these GTC at any time and to put them into effect without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Bern or the consumer's place of residence.
13. contact
If you have any questions about these terms and conditions, please contact us: Imprint
(Version 21 February 2020)