§ 1 VALIDITY
The following General Terms and Conditions apply exclusively to the business relationship between Sideshore AG and the Customer from 1 April 2024, regardless of the means of communication used.
The Customer recognizes the exclusive validity of the General Terms and Conditions of Sideshore AG for the entire business relationship. Sideshore AG does not recognize any deviating terms and conditions of the customer unless the management of Sideshore AG has expressly agreed to their validity in writing. If the Customer enters into a business relationship with Sideshore AG via the Website, the Customer recognizes the General Terms and Conditions as the basis for the entire business relationship between the Customer and Sideshore AG.
§ 2 CONCLUSION OF THE PURCHASE CONTRACT AND CANCELLATION
The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy now" button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order is sent by an automatically generated e-mail immediately after the order has been sent and does not yet constitute acceptance of the contract. Such an acceptance only comes about when you receive an e-mail from us in which we confirm the dispatch of the goods or the order. We are able to accept your order within two days.
You have the option of concluding the purchase contract in English. The ordering and processing language can also be English. We save the text of the contract and send you the order details by e-mail. You can view previous orders in your customer account if you have registered with us.
If we are unable to accept the offer or if certain products in an order are not available, you will be informed immediately.
Sideshore AG reserves the right to withdraw from the purchase contract in the event of printing, formulation or calculation errors on the website.
All offers are valid while stocks last. If our supplier is unable to supply you with the ordered goods despite contractual agreement, we are also entitled to withdraw from the contract with the customer. In this case, you will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (Saturday is not a working day) or offset against other products. We may withhold the refund until we have received the goods back or until you have provided us with proof that you have returned the goods, whichever is the earliest.
The conditions and consequences of cancellation are listed in the following section "Cancellation policy".
CANCELLATION POLICY
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The statutory cancellation period is 14 days from the day on which you or a third party who is not the carrier took possession of the goods or, in the case of partial deliveries, the last goods.
In addition to the statutory cancellation period, we voluntarily grant you an extended cancellation period of 21 days in total for items that are also subject to the statutory right of cancellation.
This right of cancellation must be exercised by notifying us, the
Sideshore AG
Zinkereistrasse 35
8633 Wolfhausen
Switzerland
e-mail: sideshore@sideshore.ch
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.
To meet the cancellation deadline, it is sufficient for you to send the notification of your decision to exercise your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract to the following address
Sideshore AG
Zinkereistrasse 35
8633 Wolfhausen
Switzerland
The deadline is met if you dispatch the goods before the period of fourteen days has expired.
If you are unable to return the goods or services received and any benefits (e.g. benefits of use) or are only able to return them in part or in a deteriorated condition, you must compensate us for the loss in value. You only have to pay compensation for the deterioration of the item and for the use made of it if the use or deterioration is due to handling of the item that goes beyond the tested properties and functions. The term "tested properties and functions" refers to testing and trying out the respective item, as is possible and customary in a shop, for example.
The right of cancellation does not apply to the following contracts, unless the parties have agreed otherwise:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
Goods that cannot be sent by parcel post must be returned via Fed Ex Freight or other forwarding agents and the costs must also be borne by the customer. Shipping costs may vary depending on the country of delivery.
The place of fulfilment for business transactions is our company headquarters.
§ 3 DELIVERY
Unless otherwise requested by the customer, delivery shall be made to the delivery address specified by the customer.
Depending on the country, delivery is assigned to different delivery service providers. The respective individual delivery conditions and delivery costs can be found in the detailed information on the website.
If a delivery to a customer is not possible, either because the customer could not be reached at the delivery address specified by the customer, although the delivery time has been communicated to the customer in writing.
The customer shall bear the costs for the unsuccessful delivery if the customer has not been notified of the unsuccessful delivery with reasonable notice or because the address provided was incorrect.
Delivery shall be ex warehouse, the location of which is also the place of delivery. The risk shall pass to the customer as soon as he has taken receipt of the goods.
Delays in delivery and performance due to force majeure are not the responsibility of Sideshore AG. They authorise Sideshore AG to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from parts of the order that have not yet been fulfilled in whole or in part. Strikes, natural disasters, war, blockades, import and export restrictions and other sovereign interventions are equivalent to force majeure, irrespective of whether they occur at Sideshore AG or at dealers of Sideshore AG.
In the event of the effects of force majeure leading to a delay in delivery, we will of course inform the customer immediately.
§ 4 PAYMENT AND DEFAULT OF PAYMENT
All product prices at Sideshore AG are gross prices, include the VAT applicable in the respective country and are shown in the specified currency. Until further notice, the prices stated at the time of the order including VAT plus all costs arising from the delivery shall apply.
Invoicing is in Swiss francs.
The sales price is due when the order is placed.
§ 5 RETENTION OF TITLE
All our deliveries and services are subject to retention of title. The delivered products remain the property of Sideshore AG until complete fulfilment of all claims against the customer.
§ 6 WARRANTY
The warranty period is based on the statutory provisions. It is 2 years and begins at the time the goods are handed over to the customer.
Claims against Sideshore AG that may go beyond warranty claims under a manufacturer's warranty are excluded to the extent permitted by law. The customer can only assert claims under a manufacturer's warranty against the manufacturer who granted the warranty.
The guarantee does not apply to normal wear and tear caused by the use of a product.
If there is a defect in a purchased item for which Sideshore AG is responsible, Sideshore AG is entitled to choose between repair or replacement. If Sideshore AG is not prepared or not in a position to rectify the defect or make a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which Sideshore AG is responsible, or if the rectification/replacement delivery fails, the Customer is entitled to withdraw from the contract or to demand a reasonable reduction in the purchase price.
Should a warranty claim arise for a product ordered online, the customer can return it to the contact address provided. If it turns out that the product does not have a defect covered by the warranty, Sideshore AG will invoice the customer for the costs incurred.
Compensation for consequential damages (due to defects) as well as other material and financial losses and claims for damages by third parties against the customer is excluded, unless it is a consumer transaction.
§ 7 EXCLUSION OF LIABILITY
Warranty claims of the customer other than those regulated in § 6, in particular claims for damages, are excluded insofar as this is legally permissible. Sideshore AG is therefore not liable for damage that has not occurred to the delivery item itself and in particular not for loss of profit or other financial losses of the Customer. Insofar as the liability of Sideshore AG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The limitation of liability regulated in § 7 para. 1 does not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved.
Sideshore AG accepts no responsibility in the event that the services offered on the website are not available without interruption, nor for the preservation of stored data.
§ 8 LINKS AND REFERENCES
The links set by Sideshore AG to external sites are only signposts to these sites; they are therefore displayed in a separate browser window by means of an external link. Sideshore AG does not identify with the content of these linked sites and accepts no responsibility for them.
§ 9 DUTY TO PROVIDE INFORMATION
The customer is obliged to provide truthful information when placing the order. If the Customer's data, in particular name, address, e-mail address, telephone number, changes, the Customer is obliged to inform Sideshore AG of this change immediately by changing the information provided. If the Customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, Sideshore AG may withdraw from the contract, insofar as such a contract has been concluded.
§ 10 APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss law applies.
In all legal matters, Swiss law shall apply exclusively to all legal transactions between Sideshore AG and the Customer.
The place of jurisdiction is the registered office of the Supplier. However, the Supplier may also appeal to the court at the Customer's registered office.
§ 11 DATA PROTECTION
All data collected by us shall be used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection provisions.
§ 12 SEVERABILITY CLAUSE
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining provisions of the contract. The invalid or unenforceable provisions shall be replaced by valid and enforceable provisions whose effects come closest to the realisation of the economic objectives pursued by the contracting parties with the invalid or unenforceable provisions. The above provisions shall also apply in the event that the contract is incomplete.
Wolfhausen, 01.04.2024