General Terms and Conditions of Business
§1 Object of the General Terms and Conditions
These General Terms and Conditions of Business regulate the contractual relations between Fast Tech GmbH (subsequently referred to as “Fast Tech”) as the operator of the Internet sales platform www.mencare.ch and the customer (organization, company, end-user, etc.).
§2 Conclusion of a contract
A purchase contract is concluded between the customer and Fast Tech when an order is placed.
Our prices are given in Swiss francs (CHF) and include the statutory value-added tax (VAT). Shipping costs are not included in these prices.
§4 Shipping costs
For each order mailed, a shipping charge of only CHF 5.90 is levied for orders up to the value of CHF 120.00. Shipping is free of charge for orders of greater value, irrespective of the number of items ordered.
§5 Availability and ordering
Orders can be placed round-the-clock at www.mencare.ch. Orders are binding once placed. Orders placed by minors or wards of court require the consent of their legal representatives.
Any deviations for the products presented on www.mencare.ch in terms of design, packaging or constituents remain reserved.
Payment can be made as follows: invoice, Saferpay (credit cards, Postcard), PayPal, installment payments or prepayment.
Only customers with the corresponding credit rating may pay by invoice. Creditworthiness is checked online during the order process. The data is then sent in encrypted form to the checking server. Invoices are due for net payment within 30 days. Every reminder we send to customers is charged at a rate of CHF 12.00 to cover the cost of additional work, printing and postage. Debt collection proceedings will be initiated against customers who fail to pay after receiving a 2nd reminder. Debt collection proceedings will be charged by additional CHF 80.-
A credit card or Postcard can be used for payment with Saferpay. The data is sent in encrypted form to the card checking server.
Customers with insufficient creditworthiness or no credit card can use the prepayment method. The items ordered will be shipped on receipt of payment.
We offer our customers the opportunity to pay the order amount in three installments. The order must have a minimum order value of CHF 80.00. This "installment" type payment is available only if the buyer has the necessary credit. The fee is CHF 2.90 plus 3.90% of the order value.
Customers with a WIR account can pay 30% with WIR. The remaining 70% must be transferred via prepayment in CHF.
§7 Reservation of proprietary rights
Goods delivered remain the property of Fast Tech until the full payment of all outstanding amounts has been made.
Goods ordered will only be delivered in Switzerland. The goods will be delivered conveniently and directly to your home by post. We will deliver to any address in Switzerland. Fast Tech accepts liability for transport and undertakes to replace any items received in damaged condition.
The customer is responsible for the correct collection of address data. If a parcel is returned as undeliverable, the customer will be charged an additional fee of CHF 14. If the buyer waives delivery, Fast Tech GmbH can charge CHF 20 for the costs and shipping costs for delivery and returns.
Liability is transferred to the buyer after delivery (proof of delivery from the post office is decisive). If the dispatch takes place as midi letter, the liability is transferred to the buyer after delivery of the mailing to the post office.
§9 Delivery dates and delays
Items are delivered within three to four working days after receipt of order. The delivery dates are guidelines only and no responsibility can be accepted. In particular, this applies in connection with the manufacturer’s delivery problems. If a delivery is delayed beyond a delivery date given in writing by Fast Tech, the customer – after setting an additional deadline of at least three weeks in writing – can declare that Fast Tech is in default and, on expiry of another appropriate time extension of at least one week, can cancel the order. Further reaching claims are excluded. If the customer has already paid (prepayment), the customer has the right to repayment of the paid sum on expiry of the time extension. A claim must be made in the form of an invoice.
Products leave our company in perfect condition. Should you still not be satisfied with the quality of the products ordered, goods can be returned in their original packaging by post within 5 days. Return postage must be paid by the customer. Goods must be checked on receipt. Any complaints must be made in writing within 5 working days. Returns are not possible for:
- Products not purchased from Mencare
- Products not in their original packaging
- Products that Mencare has ordered specially for a customer
- Products whose protective packaging has been opened
- Incomplete products
Products returned with missing, defective or with writing on the original packaging will be sent back to customers at their own expense and risk. Freight cost of the shippment will be charged to the customer (8.-CHF).
§11 Amendments to the general terms and conditions
Fast Tech reserves the right to make unilateral amendments to these general terms and conditions of business.
If there is any ambiguity or contradiction between the German and the French or English text of the General Terms and Conditions of Business, the German text shall prevail.
§13 Salvatory clause
Should any of these individual general terms and conditions be invalid in whole or in part for any reason, the rest of the terms shall remain unaffected. The invalid terms and conditions must be replaced with the relevant statutory terms.
Customers are obliged to keep their customer numbers and passwords (online shop) secret and not disclose them to third parties. Customers are liable for the misuse of their access data.
§15 Data protection
Fast Tech complies with the stipulations of Swiss data protection legislation in the collection, processing and use of personal or company data. Personal data is collected and used solely for handling contractual business. This data is only passed on to third parties to the extent that is absolutely necessary for the proper handling of the order. In addition, personal data is properly protected from access by unauthorized third parties.
§16 Seat of jurisdiction and applicable law
All obligations arising from the contractual relationship are subject to Swiss law. Seat of jurisdiction for any disputes resulting from the contractual relationship as well as its origination and validity is Kriens.
Status of the General Terms and Conditions of Business: 01.10.2016