§1 Applicability to entrepreneurs and definitions of terms
(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our Internet store https://openchessboard.com/index.php/shop/
(2) In the event of conclusion of the contract, the contract is concluded with
Timo Kropp
Mülhauserstrasse 98
4056 Basel
Switzerland
(3) The presentations of the goods in our Internet store do not constitute a legally binding offer of contract on our part, but are only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract. The acceptance of the offer is made in writing or in text form or by sending the ordered goods within one week. After fruitless expiration of the deadline, the offer is considered rejected.
(4) Upon receipt of an order in our Internet store, the following provisions shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the “Add to cart” buttons
3) Checking the information in the shopping cart
4) Pressing the button “proceed to checkout
5) Checking again or correcting the respective entered data.
6) Binding sending of the order by clicking the button “order with costs” or “buy now”.
Before the binding submission of the order, the consumer can, by pressing the “back” button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer’s details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer. The acceptance of the offer is made in writing, in text form or by sending the ordered goods within one week. The acceptance of the offer can be revoked at any time without giving reasons. In this case, the consumer will be notified in writing.
5) Storage of the contract text for orders via our internet store: We will send you the order data and our GTC by e-mail. You can also view the GTC at any time at https://openchessboard.com/index.php/terms/. For security reasons, your order data is no longer accessible via the Internet.
§3 Prices, shipping costs, payment, due date
(1) The stated prices include the statutory sales tax and other price components. In addition, there are any shipping costs. For shipments outside Switzerland, the consumer bears any import duties. The prices valid on the day of the order are decisive. You are only entitled to set-off rights if your counterclaims are legally established, undisputed or recognized by us.
(2) The consumer has the option of payment offered in the online store form.
§4 Delivery
(1) For all products shown on our website, we provide concrete information on availability or delivery date. Nevertheless, we must reserve the right to self-delivery for items that we do not keep in stock. In case of delivery delays you will be informed immediately. In this case, the order will be shipped within 7 working days at the latest. In this case, the deadline for delivery begins in the case of payment in advance on the day after the payment order to the bank entrusted with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item has been handed over to the Buyer, even in the case of sale by delivery to a place other than the place of performance. It is equal to the handover if the buyer is in default of acceptance. If goods are delivered with obvious damage to the packaging or contents, we ask the buyer to claim the damage immediately to the carrier / freight service, if necessary to refuse acceptance and contact us as soon as possible so that we can protect our rights against the carrier / freight service. Your warranty rights as our customer remain unaffected, of course.
§5 Reservation of ownership
We retain ownership of the goods until the purchase price has been paid in full.
§6 Limitation of liability
We limit our liability as well as that of our vicarious agents in the case of slightly negligent breaches of duty to the foreseeable, contract-typical, direct average damage. We and our vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardize the performance of the contract. The above limitations of liability do not apply to claims arising from product liability or warranty. Furthermore, the limitations of liability do not apply in the event of damage to life, limb or health attributable to us. We are only liable for our own content on the website of our online store. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
§7 Right of withdrawal of the customer as consumer
Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must contact us at our address by means of a clear declaration (e.g. a letter sent by mail or e-mail)
about your decision to revoke this contract.
Consequences of cancellation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
§8 Cancellation form
If you want to cancel the contract, please send an email or by mail an
informal cancellation with the following contents:
– Date of order
– Date of receipt of the goods
– Name of the consumer
– Address of the consumer
– Signature in case of postal communication
§9 Warranty
The statutory warranty provisions shall apply.
§10 Contract language
The contract language is English.
§ 11 Data protection
We collect, process and use recorded data in accordance with the provisions of the current legal situation in Switzerland. This data may be transferred to agents and to carefully selected business partners of ours, for example for the purpose of credit checks and financing. In the context of a financial purchase, the financing bank remains solely responsible for the collection, use and storage of the data in accordance with data protection law. The collection, processing and use of personal data for marketing purposes generally requires prior consent. The customer has the option to give this consent before declaring the order. The customer has the right to revoke the consent at any time with effect for the future.
§ 12 Choice of law
(1) The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. Swiss law shall apply, but only to the extent that the customer is not deprived of the protection afforded to him by mandatory provisions of the state in which he has his habitual residence.
(2) If the customer does not have a general place of jurisdiction in Switzerland or in an EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business in Basel.