General terms and conditions of Mountain Force AG
Last change on: 03.07.2020
These general terms and conditions ("GTC") regulate the legal relationship between Mountain Force AG ("Mountain Force") and its customers ("you" or "customer") when ordering goods or services via the Mountain Force web shop.
Mountain Force AG
It is important that you read the following terms and conditions carefully. If you click on "Agree", you confirm that you have read and understood the terms and conditions and agree to the terms and conditions.
- Mountain Force operates a web shop under the domain "mountainforce.com" ("Mountain Force Webshop"). You can buy Mountain Force goods and services ("Products") using the Mountain Force Webshop. These terms and conditions regulate the contractual relationship between Mountain Force and the customers who register via the Mountain Force web shop or purchase products.
- For the contractual relationship between Mountain Force and the customer, the version of the General Terms and Conditions that is valid at the time of the order by the customer is decisive. Provisions deviating from these terms and conditions of Mountain Force only become legally binding if they are expressly accepted by Mountain Force in writing. Conflicting conditions of the customer are not recognized. Mountain Force reserves the right to adjust or change these terms and conditions at any time. For orders that have already been placed, the general terms and conditions apply when the order is placed.
- The products in the Mountain Force web shop are intended for private use and are generally only offered in normal household quantities.
- The terms and conditions can be called up at any time at "mountainforce.com", printed out or saved locally.
ABILITY TO ACT
- By accepting these terms and conditions, the customer confirms that he or she has unlimited capacity to act and is of legal age.
ORDER PROCESS IN THE MOUNTAIN FORCE WEB SHOP
- An order in the Mountain Force webshop takes place in the following steps:
- The customer selects the desired products in the Mountain Force web shop. The customer can check his or her selected products in the shopping cart;
- When placing an initial order, the customer must register via the Mountain Force web shop and open a user account. Registration is free of charge. The customer must provide the data required for registration completely and truthfully. The customer is responsible for updating his data. By registering, the customer expressly consents to communication via electronic media (e.g. email);
- The customer has the option of foregoing registration and placing orders as a guest. The customer is responsible for providing the required data completely and truthfully;
- The customer confirms his order by clicking the button "order now for a fee";
- After completing the ordering process, the customer will receive an order confirmation by email ("order confirmation"). This order confirmation is expressly subject to the condition that the products ordered by the customer are available and deliverable in the appropriate quantity;
- If Mountain Force can fulfill the customer's order, Mountain Force will send the customer a shipping confirmation("shipping confirmation") in a second email. Only with the delivery of the shipping confirmation does Mountain Force accept the customer's offer to conclude a purchase contract and a legally binding purchase contract is concluded (see section 4).
CONCLUSION OF CONTRACT
- The presentations of the products in the Mountain Force web shop or on all other information channels maintained by Mountain Force such as social media (Facebook, Instagram etc.) as well as in brochures, advertising etc. do not constitute legally binding contractual offers, but are only a non-binding invitation to the customer to order products.
- Your order of a Mountain Force product through the Mountain Force webshop represents an offer to Mountain Force to conclude a purchase contract. When you place an order with Mountain Force, Mountain Force sends you a message confirming receipt of your order and in which the Details of your order are listed (order confirmation). This order confirmation does not constitute acceptance of your offer, but rather informs you that your order has been received by Mountain Force. A binding purchase contract is only concluded when Mountain Force confirms the conclusion of the purchase contract with the delivery confirmation. If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between you and Mountain Force for each of the shipping confirmations for the products listed in the respective shipping confirmation.
- Mountain Force is free to refuse an order - for whatever reason - and to refuse to confirm it. In this case, no purchase contract is concluded.
- If Mountain Force determines during processing of your order (i.e. before sending the order confirmation) that the products you have ordered are not available, you will be informed of this separately by email. A purchase contract for the ordered product is therefore not concluded.
- You agree that Mountain Force may send you invoices electronically.
- By submitting an order, the customer confirms the accuracy of all the information he or she has provided.
RIGHT OF WITHDRAWAL OF THE CUSTOMER
- Although there is basically no statutory right of withdrawal in Switzerland, the Principality of Liechtenstein or participating EU countries for online purchases, you can cancel the purchase contract for products in the Mountain Force web shop for unused products (with original packaging) within 14 calendar days without giving any reason.
- The cancellation period of 14 calendar days begins as follows:
- The day you acquire ownership of the product;
- If you have ordered several products as part of a single order and the products are delivered separately, on the day on which you acquire ownership of the last delivered product;
- The declaration of cancellation must be made in writing (email is sufficient). The deadline is met in any case if you declare the revocation and you send the declaration before the deadline expires. Your declaration of revocation should be sent to:
Mountain Force AG, Allmeindstrasse 15, CH-8840 Einsiedeln, E-Mail: firstname.lastname@example.org
- Consequences of cancellation:
- Consequences of cancellation: During a revocation, you must return all products you received to Mountain Force, including any compensation for an associated impairment, within 14 calendar days of sending the revocation notice. The retention period is met if all revoked products are sent back within the deadline. The returned products must be returned in their original packaging, complete and accompanied by the delivery note / guarantee certificate. The return is at the cost and risk of the customer.
- After we receive the revoked products, we will check them and, if the return conditions are met, reimburse you the purchase price (without delivery costs) within 30 calendar days. Mountain Force can refuse the repayment in whole or in part, especially if the revoked products are not returned in their original packaging, have been damaged or show signs of wear.
- The customer has no right of withdrawal (i) for contracts for products that are made to customer specifications or clearly tailored to personal needs, (ii) or for products that the customer has already used.
- Prices are given in Swiss francs (CHF) or Euros (€). Mountain Force may change prices at any time without notice. The price at the time of the order is decisive.
- All purchase prices stated in the Mountain Force web shop include VAT, i.e. VAT is already included. However, the stated purchase price does not include delivery, service and shipping costs. The purchase price as well as the delivery, service and shipping costs are listed in the order overview before placing the order.
- Despite Mountain Force's best efforts, products in the Mountain Force web shop may be labeled with the wrong price. Mountain Force will check prices when Mountain Force processes your order. If a product is tagged with an incorrect price and the correct price is higher than that in the Mountain Force webshop, Mountain Force will contact you before shipping the products (i.e. before sending the order confirmation) to ask if you want to buy the product at the correct price or cancel the order. If you are ready to buy the product at the correct price, you can place the order for the product at this price within a week. If we do not receive such notification from you, no purchase contract will be concluded. If the correct price is lower than that in the Mountain Force webshop, Mountain Force will inform you of the correct price by sending the order confirmation. It is assumed that you also want to buy the product at a lower price, which is why a purchase contract is concluded.
PAYMENT AND BILLING
- The customer only has the payment options provided at the end of the ordering process in the Mountain Force web shop. There is no entitlement to another payment method.
- Mountain Force reserves the right and the customer agrees that credit checks and address verifications can be carried out and obtained through the customer and that personal data of the customer can be passed on to third parties for this purpose. Mountain Force has the right to deliver the ordered products only against a prepayment of the total purchase price if the credit check is negative.
- In the event of late payment, Mountain Force is entitled to a contribution of CHF 20.00/€ 20.00 plus a default interest of 5% p.a. to raise. In addition, if the customer is in arrears with payment, Mountain Force is authorized to commission third parties to collect payment arrears, to assign claims to third parties at home and abroad and to pass on the related personal data to third parties.
RESERVATION OF OWNERSHIP
- The products remain the property of Mountain Force until the purchase price, shipping and delivery costs have been paid in full. The customer is not authorized to resell the products until the property is acquired. The customer may neither pledge the products under retention of title nor assign them as security. The customer must immediately notify Mountain Force of any seizure, confiscation or other disposition by third parties. The customer must grant Mountain Force free access to the products delivered to him under retention of title. In the event of the customer's insolvency, Mountain Force has a right to separate out of the bankruptcy estate. Mountain Force is authorized to enter the reservation in the retention of title register. The customer undertakes to Mountain Force to take all actions and to make declarations which are necessary for any entry of the reservation of title in the register.
- Deliveries are made exclusively to people residing in Switzerland or the Principality of Liechtenstein with corresponding delivery addresses in Switzerland or the Principality of Liechtenstein for the Swiss Webshop and too participating EU countries for the EU Webshop.
- The delivery is made to the delivery address specified by the customer, subject to the restrictions according to para. 9.1. Mountain Force points out that all information on the Mountain Force web shop regarding availability, shipping or delivery (including delivery times) of a product is only an indication and approximate values. They do not represent binding or guaranteed shipping or delivery dates.
- Mountain Force excludes all liability within the legally permissible framework for late deliveries.
- Insofar as delivery to you is not possible because the delivered products do not fit through the front door, or the staircase or because you cannot be found at the delivery address you specified, although the delivery time was announced to you within a reasonable period, you must pay the cost of unsuccessful delivery.
MOUNTAIN FORCE WARRANTY
- Your rights in the event of material and legal defects are determined by the statutory provisions, unless otherwise specified below.
- Mountain Force's warranty only applies to material, manufacturing or functional defects. Usual wear and tear and damage caused by improper handling and self-inflicted damage are excluded from the warranty.
- Mountain Force's warranty only covers the repair or exchange for defect-free parts. Exchange or rework is at Mountain Force's sole discretion. All other warranty rights of the customer are excluded. For the assertion of material warranty claims, the customer must submit an original document (invoice, purchase contract), which proves that and at what time he purchased the product from Mountain Force.
NOTICES OF DEFECTS
- The customer is obliged to check the ordered products for completeness and the presence of defects immediately after delivery. Mountain Force subjects all items to quality control during manufacture or procurement. Should there still be defects in the delivered products, the customer is obliged to notify Mountain Force in writing within 20 calendar days of delivery.
- Hidden defects, which the customer could not identify when the product was delivered despite careful inspection, must be reported immediately, but at the latest within 20 calendar days after the discovery of the defective defect in Mountain Force.
- Failure to comply with the provisions in this statutory notice of defects from section 11, then the customer forfeits all warranty claims.
MOUNTAIN FORCE LIABILITY
- Mountain Force is only liable for damage to the customer in the event of unlawful intent and gross negligence. A further liability of Mountain Force is excluded, as far as legally permissible. In particular, Mountain Force is not liable for slight and medium negligence, lack of economic success, lost profit, consequential damage or other indirect damage. In addition, Mountain Force assumes no liability whatsoever for acts of auxiliary persons, to the extent permitted by law.
- The type, scope and purpose of the collection, processing and use of the personal data required for the execution of orders are recorded in our data protection declaration. The data protection declaration at “mountainforce.com/de-ch/privacy-policy" is an integral part of these terms and conditions.
- Should a provision of these terms and conditions be or become invalid, the remaining part of the terms and conditions will not be affected. Invalid or invalid provisions are to be replaced by effective ones that come as close as possible to the economic purpose of the invalid or invalid provision. The same procedure should be followed if there is a gap in the contract or if a provision proves to be impracticable.
APPLICABLE LAW AND JURISDICTION
- Swiss law applies to all legal transactions to which these terms and conditions apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements do not apply. In the case of contracts for a purpose that cannot be attributed to the customer's professional or commercial activity (contract with consumers), this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state in which the Customer is habitually a resident or domiciled.
- In business dealings with merchants and with legal persons, the ordinary courts at the headquarters of Mountain Force are responsible for all legal disputes relating to or in connection with these terms and conditions as well as all contracts concluded under the terms of these terms and conditions. With regard to consumers, the place of jurisdiction is the place of residence of the consumer.