Horse & Bike Safety GmbH
1 Scope
1.1 The following terms and conditions apply to all contracts concluded between Horse & Bike Safety GmbH and its customers and business partners. The current terms and conditions form an integral part of the contract.
2 Conclusion of a contract
2.1 The contract is concluded when you order our products in our web shop or through other channels.
2.2 The following applies to orders in the web shop:
The presentation of the goods in the web shop is not a legally binding offer, but rather is a non-binding online catalog. Minor deviations from and technical changes to our illustrations or descriptions may occur. A binding order is only triggered when you have entered all the data required for the execution of the contract, have confirmed that you have read these general terms and conditions, and have clicked on the “Buy” button. Until you click on this button, you can initially place goods in the shopping cart without obligation and change your data at any time by using the correction aids provided and explained in the order process. Once you click “Buy,” you are making an offer to us to conclude a contract with you.
After placing your order, you will receive an automatically generated email confirming that we have received your order. This will contain your order information which you can save and/or print. The confirmation of receipt does not mean the contract offer has been accepted; it merely documents that we have received your order.
2.3 When the contract is concluded with us depends on the payment method you have chosen:
Payment in advance
We accept your order by sending you a declaration of acceptance in a separate email in which we give you our bank details.
Credit card
When you place the order, you enter your credit card details and the credit card company authorizes the charge. Once your card information has been confirmed, the payment transaction will be automatically initiated and your credit card will be charged when the order is placed. The contract with us is concluded at the time the credit card is charged.
PayPal, PayPal Express, Twint
In the ordering process, you will be redirected to the website of the online provider PayPal or Twint. You can enter your payment details there and confirm the payment order to PayPal or Twint. After placing the order in the shop, we request PayPal or Twint to initiate the payment transaction and thereby accept your offer.
3 Prices
3.1 The prices shown in the web shop at the time of the order apply. The right to correct errors is reserved. The prices on the product pages include VAT and other price components but do not include shipping costs. Deliveries outside of Switzerland are made without the Swiss VAT being charged. The customer must bear all other import duties and customs fees.
4 Shipping costs
4.1 The shipping costs incurred for delivery can be found on our website. The shipping costs will be stated again when the order process is initiated.
5 Terms of delivery
5.1 When we make the goods available for collection, the costs and risks of transport are transferred to the buyer (ex works).
5.2 The delivery period begins on the date the order is received, but not before all details have been clarified, the knowledge of which is necessary for the execution of the order. We do not guarantee a fixed delivery time. The delivery time depends on the incoming orders and other conditions. In the event of late delivery as a result of force majeure or other obstacles that cannot be avoided despite reasonable care, including transport delays, strikes and labor disputes at our supplier locations, we are not in default of delivery for the duration of such events. Damages due to delay or subsequent objective impossibility of delivery are excluded, except when caused with intent or out of gross negligence.
5.3 Swiss Post makes deliveries within Switzerland to your home address. Deliveries to post office boxes or general delivery are not allowed.
5.4 If not all of the products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
5.5 If the ordered product is not available because we were not supplied with this product by our suppliers at no fault of our own, we can withdraw from the contract. In that case, we will let you know immediately. If we do not withdraw from the contract, we will make the delivery as soon as possible. The customer may not withdraw due to such delays in delivery.
6 Terms of payment
6.1 You owe the purchase price upon the conclusion of the purchase contract.
6.2 Payment can be made either in advance, by credit card, PayPal or Twint.
6.3 If advance payment is selected, we will provide our bank details in the order confirmation. The invoice amount has to be transferred to our account within 10 days. If you do not pay within 10 days, you will be in default. In this case, we reserve the right to charge you a reminder fee of CHF 30 for the first reminder; this will be in addition to the invoice amount. The outstanding invoice amount (including default interest and reminder fees) can be surrendered or sold for the purpose of collection. In addition to paying the invoice amount, the customer is also obliged to reimburse all costs that arise from the delay in payment.
6.4 When paying by credit card, PayPal or Twint, your account is debited when the payment process is carried out. When returning items that have been paid for by credit card, a credit will be made to your credit card account.
7 Right of return
7.1 You can return goods to us within 30 days of shipment without giving a reason. Items specially made for you (personalization, custom-made products) are excluded.
7.2 The right of return is exercised by returning the goods.
7.3 You bear the costs for the return.
7.4 The prerequisite for exercising the right of return is that the goods are returned in full and with all accessories. Partial returns will not be accepted.
7.5 If you make use of your right of return, we will refund all payments that we have received from you within fourteen (14) days from the date on which we received the goods. Refunds will be made using the same method of payment that was used during the original transaction, unless expressly agreed otherwise.
8 Complaints
8.1 You must report any transport damage to us immediately. No replacement will be made without a claim first being filed.
8.2 Complaints about the goods must be made within 8 days. After this period, the shipment is considered accepted. Defects that were not recognizable during a proper inspection in accordance with the above paragraph must be reported to us by email immediately after they are discovered, as otherwise the goods ordered shall be deemed approved with regard to these defects.
8.3 We can choose to remedy defects by means of supplementary performance, namely removal of the defect (subsequent improvement) or delivery of a defect-free item (replacement delivery). Goods returned by customers become our property again. If the improvement fails after the second attempt, you are entitled to withdraw from the contract. If no repair or replacement delivery is possible, it is always up to you to choose whether you request a reduction in the purchase price (reduction) or withdrawal from the contract.
8.4 Otherwise, the statutory warranty claims according to Swiss Code of Obligations (CO) apply.
8.5 You will not receive any guarantees in the legal sense from us. Manufacturer warranties remain unaffected by this provision, of course. We assume no liability for the descriptions of third parties, in particular other customers within the scope of the online shop or customer ratings published on our social media sites.
9 Liability
9.1 All cases of breaches of contract and their legal consequences as well as all claims by you, regardless of the legal reason for them, are conclusively regulated in these terms and conditions. Other claims on your part, regardless of their legal basis, are excluded. We are not liable for damage that has not occurred to the goods themselves.
9.2 Any further liability is excluded as far as legally permissible. In addition, claims of lost profits or consequential damages resulting from defects are excluded. The claim for damages for the breach of essential contractual obligations is, as far as legally permissible, limited to the foreseeable damage typical for the contract.
9.3 We are only liable for damages resulting from slight negligence in accordance with mandatory statutory provisions, in particular those of the Swiss Product Liability Act.
9.4 The limitation period for the assertion of damages is three years and begins at the point in time at which the action triggering the obligation to pay damages occurred. Should the statutory limitation periods lead to a shorter limitation period for us in individual cases, these shall apply.
10 Data protection notice
We collect and process personal data for order processing, for maintaining customer relationships and for our advertising. In this context, we also transfer the data to third parties, e.g. shipping companies. We sometimes use external service providers for the technical implementation of data processing. If you no longer wish to receive information or offers in the future, you can object to the use of your data at any time by informing us; no special format is required.
11 Changes to these general terms and conditions
Horse & Bike Safety GmbH can unilaterally change these general terms and conditions at any time. The most recent terms and conditions apply.
12 Place of fulfillment and place of jurisdiction
Würenlos, Aargau is the place of fulfillment for delivery and place of payment. The competent court in Baden, Aargau is responsible for disputes arising from or in connection with these general terms and conditions and with contracts between you and us. Only substantive Swiss law is applicable, excluding the provisions of the Vienna Sales Convention.
13 Final provisions
Should any provision of these general terms and conditions be ineffective, the rest of the contract shall remain effective. In place of the ineffective provision, the relevant legal regulations apply.