GTC

1. CONCLUSION OF CONTRACT AND DELIVERY OF GOODS

1. 1 We conclude contracts exclusively in German. The following terms and conditions apply to contracts that you conclude with us as a supplier (smaract GmbH) via the creasteel.ch website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
1.2 By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description. The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you have chosen an instant payment system (e.g. PayPal / PayPal Express Amazon) as your payment method, you can make changes there at any time.B. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be directed to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the opportunity to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order via the "order with obligation to pay" button, you declare legally binding acceptance of the offer, whereby the contract is concluded. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. A binding contract is concluded upon receipt of the order confirmation. Please note that in the case of advance payment (reservation), the ordered goods will be delivered as soon as we have received payment of the full purchase price and any shipping costs. We therefore ask you to transfer the purchase price immediately after receipt of the order confirmation, but at the latest within 7 days.
1.3 Please note that we are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time. The prerequisite is that we are not responsible for the unavailability of the goods and that we have informed you of this circumstance without delay. If the goods are subsequently unavailable, we will reimburse you immediately for any payments already made.
1.4 We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. We deliver orders within Switzerland. If working days are specified as delivery periods, we understand this to mean all days from Monday to and including Friday, with the exception of public holidays.

1.5 Your inquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

1.6 You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed. You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this context. We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

2. PRICES, SHIPPING, SHIPPING COSTS AND EXPRESS SHIPPING

2. 1 The prices listed in the offer at the time of the order apply. The prices quoted are final prices, i.e. they include the applicable statutory VAT.
2.2 The shipping costs are automatically calculated for each order and shown separately, unless shipping is declared as free of charge. Free delivery only applies if the place of delivery can be easily reached by the appropriate means of transportation. If this is not the case, extra costs may be incurred, which will be passed on to the customer.
2.3 Deliveries are made by a forwarding agent free kerbside.

3. PAYMENT

3.1 In principle, we offer the payment methods prepayment, credit cards, TWINT and purchase on account. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we only accept payments from accounts in Switzerland and within the European Union (EU). Any costs of a money transaction are to be borne by you.
3.2 In the case of purchase on account, the purchase price is due for payment on the day of receipt of the delivery by the customer. If payment is not made within 30 days of the due date, the Customer shall be in default. In this case, creasteel reserves the right to charge the Customer a reminder fee of CHF 7.00 per reminder in addition to the invoice amount. The outstanding invoice amount (including default interest and reminder fees) may be handed over or sold for the purpose of collection. In addition to settling the invoice amount, the customer is also obliged to reimburse all costs incurred as a result of late payment.
3.3 You agree to receive invoices, credit notes and reminders in electronic or paper form.

3.4 Purchase on account with installment facility (POWERPAY)

As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase on account". With the single invoice, you can simply pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY will assume the invoice claim and process the corresponding payment modalities. When purchasing on account, in addition to our GTC, you accept the GTC of POWERPAY. (powerpay.ch/en/agb).

 

4. PROMOTIONAL VOUCHERS AND THEIR REDEMPTION

4.1 Promotional vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific period of validity.
4.2 Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Individual brand products may be excluded from the voucher promotion. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
4.3 The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value of goods can be settled using the payment options offered. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
4.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.
4.5 If you have used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher.

5. GIFT VOUCHERS AND THEIR REDEMPTION

5.1 Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of UniqueDeal items, but not for the purchase of other gift vouchers. If the credit balance of a gift voucher is not sufficient for the order, the difference can be settled using the payment options offered.
5.2 Gift vouchers and credit balances can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out in cash nor does it bear interest.

6. RIGHT OF RETURN FOR ARTICLES

In principle, we do not accept returns of goods. Returns without prior notification will not be accepted. Complaints will only be considered if they are made within 8 days of receipt of the goods. In the case of defects recognized by us, the goods will be taken back and, at our discretion, either replaced or the equivalent value refunded. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. No further claims can be asserted. Claims for damages by the buyer due to defects, delayed delivery or other legal grounds are expressly excluded.

7. REPAYMENTS

Any refunds will be made automatically to the account you used for payment. In the case of payment by invoice and prepayment, the refund will be made to the account from which the transfer was made. If you paid by credit card, the refund will be made to the associated credit card account. If you have used a gift voucher for your purchase, we will credit you the corresponding amount.

8. CUSTOMER SERVICE

You can reach our service as follows:
E-mail: team@creasteel.ch

+41719299111

9. STATUTORY LIABILITY FOR DEFECTS, GUARANTEES AND FURTHER INFORMATION

9.1 The statutory warranty for defects shall apply. smaract GmbH expressly reserves the right to supply the buyer with a defect-free replacement if defects in the purchased item are asserted and established. The specified warranty period begins on the day of delivery, but does not apply in the event of improper handling (e.g. use of chemical products, fire accelerants, self-inflicted damage to powder-coated or thermo-lacquered surfaces, etc.) or disregard of the operating instructions. All defects caused by material, workmanship and design are covered.
9.2 You can also easily archive the GTC and the data of your order by either downloading the GTC and saving the data summarized on the last page of the order process in the Internet store using the functions of your browser or by waiting for the automatic order confirmation, which we will also send you by e-mail to the e-mail address you have provided after completing your order. This order confirmation e-mail contains the data of your order and our GTC once again and can be easily printed out or saved with your e-mail program.
9.3 Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the relevant statutory provisions.

10. APPLICABLE LAW AND PLACE OF JURISDICTION

10. 1 Swiss law shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (contract with consumers), this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 With regard to consumers, the place of jurisdiction shall be the Swiss domicile of the consumer. In business transactions with merchants, the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under these Terms and Conditions, including actions on bills of exchange and checks, shall be our registered office. In this case, we are also entitled to take legal action at the customer's place of residence or domicile