This sample terms and conditions template also covers the delivery of products to the European Union.
Furthermore, this template represents non-binding information, which is primarily aimed at small and medium-sized private companies. No guarantee can be given for factual correctness, completeness and/or topicality. The practical implementation must be based on the specific use cases and processes in the company (see, for example, the yellow markings in the text). It may be necessary to work with a lawyer you trust.
COVID-19: If the Corona situation affects the orders (e.g. delivery delays), it is advisable to provide corresponding information on the website in a clearly recognizable manner. Example of information for a possible delay in delivery:
Due to the current Corona situation with different circumstances in the various member states of the EU and Switzerland as well as the currently high workload of the transport companies, there may be delays in delivery of 4-6 working days, for which we ask for your understanding. We will endeavor to deliver the products as soon as possible.
1. Applicability and Scope
The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between Fendo.ch (hereinafter referred to as “Sample AG”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or ” You”) for products (hereinafter referred to as “Products” or “Goods”) purchased via our website https://fendo.ch/ (hereinafter referred to as “Online Shop” or “Website”).
The online shop is operated by:
8952 Schlieren, Zurich
+41 44 999 53 53
Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Conflicting conditions of the customer are not recognized.
Fendo.ch reserves the right to change these terms and conditions at any time. All changes will become effective upon publication of the new GTC on the website. When purchasing a product, the relevant point in time for the applicability of the valid General Terms and Conditions is the date on which the binding order was submitted to us.
Please read these terms and conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following conditions and our data protection declaration and declare that you are authorized to conclude legally binding contracts and are at least 18 years old.
2. Conclusion of a purchase contract
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online shop. Fendo.ch expressly reserves the right to change the products themselves and the content, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information related to our products are for informational purposes only and are not binding on Fen-do.ch.
The customer can make a binding order for the products he has selected via our online shop. The customer can place the products he has selected in the “shopping cart”. This does not yet count as a binding order. An order is only considered to be binding if the customer clicks on the “Order with obligation to pay” 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 that you accepted during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation 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. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer.
After you have placed a binding order, Fendo.ch 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 any 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 can 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 has violated these GTC, individual contracts, is engaged in fraudulent or other criminal activity or for any other important reason.
When the order is accepted, a binding purchase contract is formed with the customer. This acceptance takes place through the shipment of the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products that cannot be delivered
All information about the availability, shipping and delivery of a product is preliminary information and approximate guidance. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.
Our products are available while stocks last. If, while processing your order, Fendo.ch finds that the products you have ordered are not available, we will inform you immediately. In this case, a contract for the non-deliverable products does not come about because the ordered products cannot be delivered.
We also 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 shipping costs
Our products and prices correspond to those indicated on the website. All prices are in CHF (Swiss francs), US dollars and also in euros and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all ancillary and shipping costs, is displayed at the end of the ordering process. When shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and must be paid for by the customer.
With the binding order you declare that you agree to the total price for the ordered products. After the binding order, the price can no longer be adjusted.
Fendo.ch reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time the binding order was placed.
5. Terms of Payment/Credit Check
Orders are generally due for payment immediately.
The customer has the option of paying with the means of payment that are displayed on the website or during the ordering process. 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 we use (e.g. to hedge our credit risk only those according to the respective credit rating). Fendo.ch 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.
By choosing the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes the Fendo.ch to receive or collect payments in the appropriate way. If there are chargebacks, Fendo.ch is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Fendo.ch is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, check the availability parameters for collection 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. If the payment is refused, Fendo.ch reserves the right to cancel the order and to stop shipping the products. In this case we will contact you immediately.
When paying by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period specified on the invoice. If payment is not made on time, Fendo.ch is entitled to offset its expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate a debt enforcement process, we will charge an additional processing fee of at least CHF 200.
6. Terms of Delivery
Deliveries are always made via the delivery service of Schweizerische Post AG. For deliveries to Switzerland, the costs incurred must be paid in advance by the buyer. The following delivery services are used for deliveries to the EU: Swiss Post AG or couriers such as DHL, TNT. The desired delivery service can be defined during the ordering process. The costs incurred must be paid by the buyer in advance.
The products that you order from our online store and that are in stock will be shipped to you within 8 working days after receipt of full payment, depending on the destination. You can use the tracking number to track the current location of your order.
If the products are marked as not in stock when ordering, Fen-do.ch will endeavor to deliver the products as soon as possible. Fendo.ch makes every effort to comply with the specified delivery times. However, Fendo.ch is not responsible for delivery delays, regardless of their causes. We will inform you immediately about any delays in delivery.
If the performance hindrance lasts more than 5 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.
If the delivery of the product fails due to the fault of the customer despite two delivery attempts, Fendo.ch can withdraw from the contract. Any payments made will be refunded immediately.
7. Retention of Title
Fendo.ch remains the owner of the delivered products until they have been paid for in full.
8. Right of cancellation and return
Returns and Refunds
Thank you for shopping at Fendo.ch
Returns Policy: If for any reason you are not completely satisfied with your purchase, we’re more than happy to help. Customer satisfaction is our number one priority!
Use our return form
Note: We can only exchange products for certain reasons (color, size, model…)
Is something wrong or have you changed your mind?
You can exchange unworn, unaltered products within 14 days of delivery. Unfortunately, we currently do not offer free returns worldwide. Report your return online to our email address email@example.com, send us your order information and select the items you would like to exchange. Once your return has been processed at our warehouse, we will exchange your order or send you the full purchase price with the Fendo Gift Card via the email you used to make your purchase within 7-10 working days.
The exchange is possible 14 days from the date of purchase. No cash payment, only exchange or voucher accessores (tie, etc.)
Promotional and discount vouchers are also non-refundable.
Exchange items will be sent to you within 3-5 business days of receiving your return. To proceed with a return/refund; Complete the returns form and simply return the products from your order to our head office and central warehouse,
You are responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you wish to return your products, this is only possible with an exchange, the costs of returning are borne by our customer. Contact us if you have any questions about how to return your item to us, we are at your disposal.
Please note that only an exchange of your order or the full purchase price is possible with the Fendo voucher card. Unfortunately, we cannot offer payment of the purchase amount.
If you have any further questions, you can of course contact our customer service. firstname.lastname@example.org
Address: Fendo.ch GmbH
Brandstrasse 7, 8952 Schlieren, Switzerland
9. Notification of Defects/Warranty
Fendo.ch guarantees that the goods correspond to the promised properties and that they do not have any defects that would impair their value or their suitability for the intended use.
After receiving the products, the customer must immediately check them for correctness, completeness and possible damage. Errors or damage must be reported to Fendo.ch within 3 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 do not check the defect or report it immediately, the goods are deemed to have been approved and you are no longer entitled to assert 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 product. Products damaged through the buyer’s own fault are excluded from the warranty.
The customer’s 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. Fendo.ch decides at its own discretion whether to deliver a replacement or rectify the defect. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in the event of significant defects.
To report a complaint or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
Fendo.ch, Brandstrasse 7 8952 Schlieren , email@example.com, +41 44 999 53 53
The defective product must be returned to the Fendo.ch address above 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 the event of a package loss your warranty claim cannot be processed.
10. Registration for an Account
When registering a customer account, you can view information about your completed, open and recently sent orders and manage and save your address data, any payment data and any newsletter. Since your data is saved, you do not have to re-enter it when you make a new purchase.
If you register for such an account, you are responsible for ensuring that your personal data required for registration is true and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. Fendo.ch assures you that your data will be treated confidentially and not passed on to unauthorized third parties. Further information on data protection can be found in our data protection declaration at https://fendo.ch/datenschutzerklaerung.
Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
Fendo.ch is not obliged to accept the registration or the order of a registered customer.
11. Complaints and Complaints
We attach great importance to customer satisfaction. You can reach us at any time using the contact information given above. We aim to consider your inquiries and complaints as quickly as possible and will contact you upon receipt of the documentation or your submission or complaint. If you have any complaints or complaints, 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 aim to reply to you within 7 working days.
Fendo.ch collects and processes 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 your personal data, your rights and related questions can be found in our data protection declaration at https://fendo.ch/datenschutzerklaerung, which forms an integral part of these GTC.
The information and content published on the website is protected by copyright and is the property of Fendo.ch or the respective copyright holder. Reproduction, processing, distribution or any other form of exploitation require the prior written consent of the respective rights holder. Fendo.ch and the corresponding rights holder expressly reserve all rights in this regard.
15. Severability Clause
Should one of the provisions of these General Terms and Conditions be or become illegal, invalid or unenforceable for any reason, 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.
16. Online Dispute Resolution
The European Commission has set up an online platform for alternative dispute resolution procedures for consumers resident in the EU, which provides for an out-of-court procedure for the settlement of all disputes in connection with and arising from online sales contracts. You can use this platform to resolve disputes arising from the online contract you have entered into with us. The platform is available under the following link http://ec.europa.eu/consumers/odr/.
17. 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 natural persons is the registered office of Fendo.ch. For legal entities, the registered office of Fendo.ch is the sole place of jurisdiction.
These provisions only apply if there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.