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. Scope

These terms apply to all products or services offered by Soeder in its online shop. All sales and deliveries are made exclusively according to these terms. Any terms that the customer may have that diverge or contract those contained herein are not recognised by Soeder, unless otherwise expressly agreed in writing. The currently applicable version of these terms will be published at www.[...].com. A written version can also be obtained from Soeder.

3. Soeder's services


Soeder constantly strives to be innovative and up-to-date. We provide our services professionally and carefully in accordance with these terms and other contractually agreed terms. Soeder strives constantly to offer its customers the best and latest products. 

4. Pricing


All of Soeder's prices, unless otherwise stated, include VAT, any advanced recycling fees and any copyright licence fees.

5. Product Information, Availability and Warranty Information


Soeder constantly strives to inform its customers about the products and services offered to the best of its ability. Some of this information is supplied directly by the manufacturer or supplier of the product which Soeder has merely compiled and published in an way that is accessible to its customers. Soeder does not offer any guarantee of the information it provides concerning products, services, recommendations, warranty terms and periods. In particular, Soeder assumes no liability that such information is accurate, completeness and up-to-date.

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 do you enter into a contract with Soeder?


The products, services and prices published at www.[soeder].com constitute an offer to sell. This offer, however, is always subject to the subsequent condition that delivery may be impossible or the price was incorrectly posted (either by the manufacturer or by Soeder). This means that articles that are no longer available will not be delivered. In addition, this may mean that we have not indicated the correct price in our shop.

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 agrees to pay using one of the payment options provided by Soeder. Currently, only those supported credit and debit cards displayed when checking out from the online shop are available. After making the purchase, the customer will be sent a receipt by email and the order will be put together by Soeder and prepared for shipping.

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 case of default?


If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts become payable immediately. Soeder reserves the right to suspend all deliveries. In addition, Soeder reserves the right to rescind the orders concerned. This contract termination occurs automatically and without notice eight days have passed since Soeder sent the customer a warning demanding payment.

Soeder may impose a fee of CHF 20.00 for the manual administrative work required to collect outstanding debts from the second payment reminder. In addition, Soeder reserves the right to initiate collection proceedings with Creditreform, Intrum Justitia AG, Eschenstrasse 12, 8603 Schwerzenbach, or another agency as determined by Soeder. Any invoices handed over to a collection agency may result in additional charges for the customer. This costs will be at least CHF 50.00.

Soeder can remove the ability of the customer to place orders on account at any time, especially if there has been a payment default or other circumstances that reduce his creditworthiness. In this case, the customer will only be able to place orders prepaid with a credit card.

9. Cancellation and termination of the contract


Orders placed by the customer with Soeder are binding as set forth in §6 above. The customer is then obligated to accept delivery of the services or products ordered. Subsequent amendments and cancellations are possible in certain cases, but solely at the discretion of Soeder and may incur processing charges of up to 30% of the contract value, but no less than CHF 50.00, as well as any loss incurred to the products' value since being 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 returned to Soeder within 30 days of the invoice date. Warning: the goods must be in absolutely new, unworn, unwashed and original condition incl. any and all labels and original packaging and must be returned with the bill. Shoes, chaps and boots must also be returned in the original undamaged packaging. The shoe box in which they are delivered does not constitute adequate packaging for shipping. The shoe box must be enclosed in another shipping container. The returns can be sent back by post. The customer shall bear the costs of returning merchandise.

Postal address for returns & complaints:

Soeder AG
Returns
Bahnstrasse 23
CH-8603 Schwerzenbach 

The right of return is excluded for the following products:

  • Underwear and swimwear
  • Non-textile articles (e.g. beauty products, leather goods, sunglasses, watches, ties, jewellery)
  • 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


All orders, whether delivered to the customer's location or picked up in our retail shops, are to be checked immediately for accuracy, completeness and integrity. If there are any errors or damage (visible or invisible), the customer shall notify Soeder immediately after discovery, but no later than 7 calendar days after the delivery was received or the order was picked up. For Soeder to process your damage claim, the order and its packaging must the kept and the product(s) must not be used.

12. Repair returns


If the customer wants to return goods to Soeder, he may do at his own cost and risk by returning the goods to the address provided by Soeder. The products are to returned with all of their accessories, packaged in a professional manner and with insurance cover. The return must be accompanied by a detailed description of the flaw or defect and a copy of the invoice.

13. What service and warranty does Soeder provide?


Since Soeder the products does make the products it sells, we have no influence on their durability or functionality or the manufacturer's warranty coverage. Therefore terms and duration of the manufacturer's warranty 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.

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. Redeeming discount coupons


Soeder may issue discount coupons. These coupons may require a minimum order value. This will be indicated on the coupon itself. Discount coupons may not be combined. This means that only one coupon may be redeemed per purchase. Discount coupons can be redeemed both online and in the Soeder boutique. However, if the coupon indicates that it may only be used online, it may not be used in the boutique.



15. Monthly invoice with part payment option (PowerPay)

With the monthly invoice (PowerPay) - you can pay your online purchases easily by invoice with a part payment option. MF Group Factoring AG / PowerPay as an external payment service provider offers the payment method "payment via invoice". At the end of the payment process PowerPay takes over the resulting invoice requirement and handles the corresponding payment option. By selecting the monthly invoice you accept the terms and conditions of PowerPay. (powerpay.ch/agb-en) The monthly invoice will be sent in the following month by mail. In partial payment, you at least have to pay 10% of the outstanding invoice amount each month. In this way you can easily decide for yourself, in how many installments you like to pay. Please note that if you choose to pay in instalments, there will be an administration fee of CHF 2.90 from the second invoice on. Within this contract, MF Group Factoring AG / PowerPay grants the customer a consumer loan under Art. 12 KKG, unless he uses the part payment option and no refusal reason under Art. 7 para. 1 KKG exists.

16. Liability


Soeder hereby waives any and all liability for damages arising from non-delivery, breach of contract, negligence when entering into the contract or impermissible actions, unless they are the result of intentional or grossly negligent actions by Soeder or its agents.

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, the right to correct, block or delete this data.

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

18. Jurisdiction and Applicable Law

The place of jurisdiction is Zurich. This 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