PricklesCreek

Terms & Conditions & Revocation Instructions
Table

1. Scope

2. Conclusion of the contract

3. Right of withdrawal

4. Prices and terms of payment

5. Terms of Delivery and Shipping

6. Retention of title

7. Liability for defects (guarantee)

8. Redemption of promotional vouchers

9. Redemption of gift vouchers

10. Applicable law

11. Alternative Dispute Resolution


1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "Terms") of Hanspeter Rüesch, acting under "Hanspeter Rüesch" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not allow the customer's own terms and conditions to be included, unless otherwise agreed.

1.2 These GtC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated in this respect.

1.3 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and went through the electronic ordering process, by clicking the button that concludes the ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart.

2.3 The Seller may accept the Customer's offer within five days - by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), wherein the receipt of the order confirmation to the customer is decisive, or - by supplying the customer with the ordered goods, wherein the receipt of the goods by the customer is decisive, or - by requesting the customer for payment after placing his order. If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g. e-mail, fax or letter) after sending his order. The seller will not make the text of the contract available in addition. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.5 Prior to the binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which is used to increase the appearance on the screen. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 Order processing and contact ingestion usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.


3.3 The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option/s will be communicated to the customer in the seller's online shop.

4.4 In the case of payment by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Use, available under www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available under https://www.paypal.com5) Terms of Delivery and Shipping

5.1 The delivery of goods takes place by shipping to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall prevail. By way of derogation from this, the delivery address deposited by the customer at the time of payment with PayPal shall prevail when selecting the payment method PayPal.
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5.2 If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him in advance. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions made in the seller's revocation instructions shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are given to the customer as follows: - postal

6) Retention of title

If the seller is in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (guarantee)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defe8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.cts.

8.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent clearing is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.


8.9 The promotional voucher is transferable. The seller can provide with liberating effect to the respective owner, who redeems the promotional voucher in the seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the invalidity, incapacity for business or the lack of right of representation of the respective owner.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Voucher.

9.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer by the expiry date.

9.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent clearing is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor interest-

9.8 The gift voucher is transferable. The seller can provide with liberating effect to the respective owner, who redeems the gift voucher in the seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the invalidity, incapacity for business or the lack of right of representation of the respective owner.


10) Applicable law

Switzerland's law shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.

In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.

11) Alternative Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"):