T&C

1. Introduction
These General Terms and Conditions (hereinafter "GTC") of Soeder AG (hereinafter "Soeder") apply to all services and products (hereinafter "Products") of Soeder's online shop. All other services are regulated in separate terms and conditions. Soeder defines a customer as any natural or legal person who maintains business relations with Soeder.

2. what the GTC apply to (scope of application)
The GTC apply to all products or services that Soeder offers in the online store. Sale and delivery shall only take place in accordance with these GTC. Any terms and conditions of the customer to the contrary or deviating from these GTC shall not be recognized unless Soeder has expressly agreed to their validity in writing. The binding version of the GTC is published at www[...].com. A written version can be obtained from Soeder.

3. services provided by Soeder
Soeder always strives to be innovative and up-to-date. We provide our services professionally and carefully in accordance with these GTC and the other contractual provisions. Soeder strives to constantly offer its customers the best and most up-to-date products.

4. prices
Unless otherwise stated, all Soeder prices are inclusive of VAT, any advance recycling fees and any copyright levies.

5. no guarantee for product information and availability and warranty information
Soeder always endeavors to inform and educate customers about the products and services offered in the best possible way. Some of this information is obtained directly from the manufacturers or suppliers and is compiled by Soeder for the customer in a clear and customer-friendly manner. Any information on products, services, recommendations, warranty conditions and warranty periods published by Soeder is therefore provided without guarantee and is not to be understood as a warranty. In particular, no liability can be accepted for the accuracy, completeness and up-to-dateness of the information.

Soeder attaches great importance to tracking the availability of its products as carefully and accurately as possible. Many of the products are sourced from manufacturers outside of Switzerland. Production or supply shortages or incorrect inventory data may result in delays in delivery. Soeder assumes no liability for any information concerning expected delivery times, which should therefore not be considered binding and subject to change at any time and without notice. It is possible that delivery may become impossible if a product can no longer be manufactured or delivered. In this case, §6 below applies.

6. when is the contract concluded?
The products, services and prices published at www.[soeder].com are deemed to be an offer (quotation). However, this offer (quotation) is always subject to the (resolutory) condition of an inability to deliver or incorrect pricing (on the part of the manufacturer or Soeder). This means that delivery may not be possible due to items that are no longer available. It is also possible that we have not indicated the correct prices in the store.

The customer enters into a contract with Soeder upon submitting an order through our online shop, our brick-and-mortar shop, by telephone or by email. Soeder will acknowledge the receipt of the customer's order by sending an automatically generated order confirmation email. This automatically generated order confirmation does not warrant that the product is actually available and can be delivered. It merely indicates to the customer that Soeder has received his order and that the customer has entered into a contract, subject to the ability of Soeder to fulfil the order.

If the product is not available or its price was inaccurately posted, the contract will be terminated immediately without further input from the parties. We will inform the customer immediately if this situation occurs. If the product has already been delivered to the customer, the title to the item will automatically revert to Soeder and the customer will be required to return it in exchange for a refund from Soeder of the purchase price. If the product has not already been delivered to the customer, the customer will not be obliged to pay the purchase price or accept delivery. If either situation occurs, Soeder is not required to make a substitute delivery.

7. what payment terms do we offer?
The customer undertakes to pay using the payment methods provided by Soeder. Currently, payment can only be made with the supported debit and credit cards which are shown in the shopping cart checkout. After the purchase, a receipt will be sent to the customer by e-mail and the order will be compiled by Soeder and prepared for shipment.

Products delivered to the customer remain the Soeder's property until such time as full payment of the purchase price is received. The customer hereby grants Soeder the right to register a lien against products for which it holds an ownership interest.

8. what happens in the event of late payment?
If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts owed shall become due immediately. Soeder reserves the right to suspend all deliveries. In addition, Soeder reserves the right to withdraw from the affected orders. This termination of the contract shall take effect automatically and without prior notice eight days after Soeder has unsuccessfully sent the customer a request for payment.

9 Cancellation and termination of the contract
Orders placed by the customer with Soeder are binding in accordance with Section 6 of the GTC. The customer is then obliged to accept the ordered service/products. Subsequent changes and cancellations are possible in certain cases, but are at Soeder's discretion and may be subject to handling costs (handling fee of up to 30% of the order value or at least CHF 50.00, as well as the loss in value of the products since they were ordered).

If the customer fails to accept delivery of the products as required herein within two weeks, Soeder may terminate the contract and charge the customer the processing fees outlined in the previous paragraph.

If Soeder is able to deliver the product as set forth in §6 above, the customer may rescind the order no earlier than four weeks after the agreed delivery date. If the order is cancelled due to non-delivery, Soeder will refund the customer any amounts he has already paid.

10. exchange and return
Returnable items can be sent back to Soeder within 30 days of the invoice date. Please note: The goods must be returned new and in their original condition, including the original packaging and invoice. Returns can be sent back to the post office. The costs for the return shipment are borne by the customer.

Postal address for returns & complaints:

Soeder AG
Returns
Hohlstrasse 418
8048 Zurich
Switzerland

The right of return is excluded for the following products:

Articles from special promotions (e.g. sale, special sales)
Item with the note "this item cannot be returned".

Any products in the categories listed above that are delivered in a defective, incomplete or poor condition may be returned. In this case, Soeder will strive to send an equivalent replacement product. If this is not possible, the money already paid will be refunded. As a matter of principle, the exchange or return of products is generally not possible. Only in exceptional cases and after consultation with Soeder can exchanges or returns be accepted. The price basis for any returns and exchanges is always no more than the current list price of the item on the day of return or exchange. Products especially ordered for the customer as well as custom-configured products are excluded entirely from returns or exchanges.

11. deliveries from Soeder
Products delivered or collected from our store must be checked immediately for correctness, completeness and integrity. If defects or damage (visible or invisible) are found, the customer must notify Soeder immediately after discovery, but at the latest within 7 calendar days after receipt of the shipment or acceptance of the products. The shipment must be kept as delivered and the product must not be used for further claims processing.

12. return of goods from repair
If the customer wishes to return goods to Soeder, this shall be at the customer's expense and risk to the place of return specified by Soeder. The products must be returned with all accessories, properly packaged and insured. The return shipment must be accompanied by a detailed description of the fault or defect and a copy of the invoice.

13. what service and warranty does Soeder provide?
As Soeder does not manufacture the products sold itself, it has no influence on the durability and functionality of the products or the manufacturer's warranty services. The manufacturer's warranty conditions and duration therefore always apply.

If the customer has a warranty claim, the manufacturer shall provide a repair, replacement with an equivalent product or a refund of the product's current value, but no more than the price at which it was purchased. The decision lies with the manufacturer in any case.

A warranty service can only be provided if there are no reasons for exclusion such as damage due to incorrect manipulation or mechanical damage. This includes, for example, damage caused by natural hazards, moisture damage, damage caused by falls and impacts, excessive wear and tear and defects resulting from interventions or modifications. Excluded from the warranty or have a reduced warranty period wear parts, batteries, rechargeable batteries, lamps, etc..

Products listed in the shop as "test models" are demonstration products. This means that these products have been tested by Soeder or its experts. They may have slight visual defects which leads to them being sold at a reduced price. These optical defects are excluded from the warranty. In terms of functionality and usability, the normal warranty conditions of the manufacturers apply.

Any replacement or repair performed as part of a warranty claim does not extend the original warranty period.

In all other instances, the statutory warranty provisions according to §197 ff of the Swiss Code of Obligations applies. The customer has a right to repair, but not a right to an exchange or price reduction.

14. redemption of discount vouchers
Soeder can issue so-called discount vouchers. These vouchers may require a minimum order value. This can be seen on the discount voucher itself. Discount vouchers cannot be accumulated. This means that only one voucher can be redeemed per purchase. Discount vouchers can be redeemed both online in the store and in the store (boutique). However, specially marked vouchers can only be redeemed in the online store.

15. Purchase on account
Purchase on account (including payment by installments) is processed by CembraPay AG. The General Terms and Conditions and the Privacy Policy of CembraPay AGapply .

16. liability
Claims for damages against Soeder and Soeder's vicarious agents arising from non-delivery, breach of contract, culpa in contrahendo and tort are completely excluded, except in cases of willful misconduct or gross negligence.

WARNING: Any liability for indirect or consequential damages arising from the use, misuse or failure of products delivered by Soeder is excluded.

17. Privacy Statement

 We appreciate your interest in our products. Protecting your privacy is very important to us. Below we provide detailed information about how we handle your data.

Collection, processing and use of personal data
You can visit our website without providing any personal information. We only store access data without personal reference, such as the name of your Internet service provider, the page from which you visit us or the name of the requested file. This data is evaluated exclusively to improve our offer and does not allow any conclusions to be drawn about your person. Google Analytics may be used for this purpose. You have the option of preventing this analysis by using special software.

Personal data is only collected if you provide it to us voluntarily when ordering goods or registering for our newsletter. We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order. Once the contract has been fully processed and the purchase price has been paid in full, your data will be blocked for further use and deleted after expiry of the tax and commercial law regulations, unless you have expressly consented to the further use of your data. If you subscribe to the newsletter, your e-mail address will be used with your consent for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time.

Use of cookies
We use cookies on various pages to make your visit to our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard disk at the end of the browser session (so-called session cookies). Our partner companies are not permitted to collect, process or use personal data via our website using cookies.

Forwarding of personal data
Your data will be forwarded to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institution commissioned with the payment.

Right to information
According to the Federal Data Protection Act, you have the right to free information about your stored data and, if necessary, a right to correct, block or delete this data.

Contact person for data protection
If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data and revocation of consents granted, please contact [email protected].

18. place of jurisdiction and applicable law
The place of jurisdiction is Zurich. The contract is subject to Swiss law.

Soeder AG
Hohlstrasse 418
8048 Zurich
Switzerland
UID: CH-020.4.050.923-7
VAT: CHE-290.009.772