These Terms and Conditions (hereinafter “GTC” apply to all contracts, deliveries and other services of Crazy Owl SA, Hittnauerstrasse 8, 8330 Pfäffikon ZH (hereinafter “Seller”), concerning the onlineshop Onlinemagic.ch and all subdomains. Deviating provisions of the customer do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority. Deliveries are limited to the territory of Switzerland and the Principality of Liechtenstein. Opposing terms or conditions deviating from these terms by the customer are not recognized, unless the seller has expressly agreed in writing to their validity. The current and binding version of the GTC is being published under www.onlinemagic.ch.
2 Information on products and services
All prices are, unless otherwise noted, including Swiss VAT and excluding shipping costs.
Avaiability and delivery times are subject to change. If delivery of an item is delayed and delivery can not be fulfilled within 10 days or within the time agreed with the customer, the appointment can be revoked. This does not apply to pre-orders, if delivery date was already known at the time when order was placed. Delivery can also be entirely impossible, if the product can no longer be manufactured or delivered. In this case a delivery impossibility occurs according to § 5 of the GTC.
Products, services and prices published under www.onlinemagic.ch are an offer. This offer is, however, always under the condition of a delivery impossibility or an erroneous price quote (on the part of the manufacturer or the seller). The contract is concluded when the customer places the order through the online store. The customer receives an automatically generated order confirmation to the customer’s e-mail address. The receipt of the automatically generated order confirmation contains no promise that the product is available or can be delivered. It shows only that the order was received and thus the contract concluded. If a delivery is not possible in accordance with §4, the contract is terminated immediately and automatically. Furthermore, the customer is informed immediately. If the customer has already paid, the full amount will be refunded.
The customer agrees to pay using the payment options provided. The current payment options and associated conditions are published under www.onlinemagic.ch. The seller reserves the right to exclude customers without giving reasons. Products that are delivered to the customer remain property of the seller until full payment of the purchase is made.
7 Delayed Payments
If the customer does not fully or partly fulfill his payment obligations, all outstanding amounts owed by the customer to the seller are due immediately and the seller may request immediate payment and suspend further deliveries to the customer. The seller may charge an administrative fee for demand notes of a minimum of CHF 15.-. The seller reserves the right to assign the claim to a collection agency.
8 Cancellation and Termination of Contract
Orders are binding in accordance with § 5 of the GTC and the customer is obliged to accept the performance. Any subsequent changes requested by the customer are possible in exceptional cases and at seller’s discretion. The possibility of cancellation depends on the product and the date of cancellation. The order of instant downloads cannot be cancelled.
9 Delivery Costs
All deliveries within Switzerland and the Principality of Liechtenstein will be charged a flat rate of Fr. 7.50 for economy shipping. From Fr. 100.- order value delivery is free.
10 Audit Requirements
The customer must check delivered or picked up items immediately for accuracy, completeness and integrity. Any defects must be reported to the seller immediately after detection, but no later than within eight (8) calendar days after receipt of delivery.
11 Exchanges and Returns
There is no general right to exchange and return.
Returns of products are carried out at the expense and risk of the customer. The return due to a defect in the product must be accompanied by an error description and a copy of the purchase invoice. The redemption of goods is only possible with an intact original packaging. Incomplete, damaged or soiled items are not taken back and will fully charged. Downloadable products cannot be returned due to the nature of these products. Returns that are not attributable to customers will be kept for 12 months and then discarded.
Claims for damages against the seller and their auxiliaries are, if legally permissible, waived in full. The liability for indirect or consequential damages arising from the use, misuse or performance by power failure is excluded. This disclaimer also applies to all kinds of direct and indirect damages (i.e. both personal property and pure economic loss), caused by incorrect or unprofessional use of the product by the customer.
14 Place of Jurisdiction and Applicable Law
Jurisdiction is Pfäffikon ZH. The contract is subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is completely excluded.