General Terms and Conditions (GTC)
SUESS E-Handel
- Scope of Application
These General Terms and Conditions (GTC) of SUESS E-Handel, Seuzachstrasse 42, 8413 Neftenbach, Switzerland, E-Mail info@birnelino.ch, regulate the rights and obligations in connection with the use of the website www.birnelino.ch and the online shop thereon. In this online shop, SUESS E-Handel offers children's products and household goods for purchase.
The following GTC, in the version available and valid at the time of contract conclusion, apply between SUESS E-Handel and its customers.
A customer is defined as any natural or legal person who maintains business relations with SUESS E-Handel. These GTC may be adjusted occasionally.
These GTC apply exclusively. Countervailing, supplementary, or deviating conditions from these GTC require explicit written confirmation by SUESS E-Handel to be valid. By using the website, ordering an item, or concluding a contract, the customer confirms comprehensive acknowledgment of these GTC, including the delivery and payment terms.
For reasons of better readability, the masculine form is used in these GTC for personal designations and specific nouns. Corresponding terms generally apply to all genders in the sense of equal treatment. The shortened linguistic form is for editorial reasons only and does not imply any judgment.
- Information on www.birnelino.ch
Birnelino contains information about articles. Price and assortment changes are reserved. All information (article descriptions, illustrations, films, dimensions, and other details, except prices) are to be understood as descriptions only and do not constitute a guarantee of properties or warranties unless explicitly stated otherwise. SUESS
E-Handel strives to provide all information on www.birnelino.ch correctly, completely, up-to-date, and clearly, but SUESS E-Handel cannot expressly or implicitly guarantee this.
SUESS E-Handel cannot guarantee that the listed articles are available at the time of order. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time without prior notice.
- Prices
All prices are gross in Swiss Francs (CHF).
SUESS E-Handel is not subject to VAT.
Shipping costs are specified in the ordering process and charged to the customer. For goods valued at CHF 100.— or more, shipping is free of charge.
Technical changes, errors, and misprints are reserved; in particular,
SUESS E-Handel may make price changes at any time and without prior notice.
- Contract Conclusion
The offers on www.birnelino.ch constitute an invitation to the customer to order articles. By placing an order via www.birnelino.ch, including the acceptance of these GTC, the customer makes a legally binding offer to conclude a contract, and the purchase agreement between SUESS E-Handel and the customer is concluded. SUESS E-Handel will then send an automatic order confirmation by e-mail.
Orders will be delivered if the item is available. If, after the conclusion of the contract, it turns out that the ordered item cannot be delivered or cannot be delivered in full, SUESS E-Handel is entitled to withdraw from the entire contract or a part of the contract. Any payment already made by the customer will be refunded accordingly. If no payment has yet been made, the customer will be released from the payment obligation accordingly. In the event of a contract dissolution, SUESS E-Handel is not obliged to provide a replacement delivery or to pay any compensation.
- Payment Options
The customer has the payment options specified in the order process available.
- Delivery, Inspection Obligation and Notification of Defects
The item will be shipped to the address provided by the customer in the order. The benefit and risk pass to the customer upon dispatch. SUESS E-Handel is not liable for any damages that may arise from a delayed arrival of the articles to the customer or third parties.
If the item is available in stock, a delivery time of two to three working days can be expected. In exceptional cases, this delivery time may be exceeded. The customer will be notified of a longer delivery time.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, SUESS E-Handel may dissolve the contract after a complaint notification to the customer and after setting a reasonable deadline, and invoice the costs for the inconvenience.
The customer is obliged to inspect the delivered item immediately upon receipt of the delivery and to notify SUESS E-Handel in writing by letter or e-mail info@birnelino.ch within two working days of any defects for which SUESS E-Handel guarantees, otherwise the delivery will be deemed approved.
If SUESS E-Handel's inspection reveals that the item has no ascertainable defects or that these are not covered by the manufacturer's warranty, SUESS E-Handel may charge the customer for the inconvenience, the return, or any disposal.
- Right of Return and Return Shipment (Withdrawal)
The customer is granted a right of withdrawal for 14 calendar days after receipt of the item. The deadline is considered met if the customer returns the item to SUESS E-Handel within 14 calendar days of receipt.
The return address is: birnelino.ch/SUESS E-Handel, Seuzachstrasse 42, 8413 Neftenbach, Switzerland.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the item in its original packaging, unopened, complete with all accessories, and together with the delivery note. Returns to SUESS E-Handel are at the customer's expense and risk. Any payment already made will be refunded to the customer within 10 working days of receipt of the return. Insufficient postage for the return shipment will be offset against the purchase price to be refunded.
SUESS E-Handel reserves the right to claim reasonable compensation for damage, excessive wear, or loss of value due to improper handling and to deduct the reduction in value from the already paid purchase price or to charge it to the customer.
In the following cases, no right of withdrawal is granted:
(i) if the contract has an element of chance, namely because the price is subject to fluctuations over which SUESS E-Handel has no influence,
(ii) if the contract concerns a movable item that is not suitable for return due to its nature or can quickly perish, and
(iii) if the contract concerns a movable item that is manufactured according to customer specifications or was ordered especially for him.
- Warranty
SUESS E-Handel delivers articles of impeccable quality. For timely notified defects, SUESS E-Handel guarantees the absence of defects and functionality of the article purchased by the customer during the warranty period of two years from the delivery date. It is at the discretion of SUESS E-Handel to provide the warranty through equivalent replacement or by refunding the purchase price. Further claims are excluded.
Normal wear and tear, as well as the consequences of improper handling or damage by the customer or third parties (especially if washing instructions are disregarded), and defects attributable to external circumstances, are not covered by the warranty.
The color values are displayed as true to original as possible in the online shop. However, the original articles may deviate slightly from this, for which any warranty is excluded.
Textiles can slowly fade after many washes, which is not a defect of the item.
- Liability
SUESS E-Handel excludes all liability, regardless of its legal basis, as well as claims for damages against SUESS E-Handel and any auxiliary persons and vicarious agents. In particular, SUESS E-Handel is not liable for indirect damages and consequential damages, lost profits or other personal, property and purely financial losses of the customer and third parties. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
SUESS E-Handel is not able to make assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that the use of the website does not infringe the rights of third parties not owned by SUESS E-Handel.
SUESS E-Handel uses hyperlinks on the website solely for the simplified access of the customer to other web offerings. SUESS E-Handel can neither know the content of these web offerings in detail nor assume liability or other responsibility for the content of these websites.
- Data Protection
The protection of its customers' personal data is important to SUESS E-Handel. SUESS E-Handel takes data protection seriously and ensures appropriate security. SUESS E-Handel processes and maintains personal data in accordance with the provisions of the Federal Act on Data Protection (DSG), the Ordinance on the Federal Act on Data Protection (VDSG), the Telecommunications Act (FMG) and, where applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (GDPR).
The customer agrees that SUESS E-Handel uses his data for promotional measures (online or print), in particular to send him information about offers.
The customer has the possibility to object to these promotional purposes at any time by notifying SUESS E-Handel.
For further information, please refer to the data protection declaration of SUESS E-Handel, which can be viewed on www.birnelino.ch.
- Other Provisions
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come closest to the economic purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.
In the event of disputes, substantive Swiss law shall apply exclusively, excluding conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich.
Neftenbach, February 5, 2025