Terms and conditions
§ 1 Scope of application and contractual partners
(1) These General Terms and Conditions apply to all business relationships between Designfeld, Agentur für visuelle Kommunikation (hereinafter: Designfeld) and its customers concerning physical products (e.g. books) and services via all channels provided by Designfeld, e.g. web shop or applications (hereinafter: app).
(2) The General Terms and Conditions apply in the respective version current at the time of the conclusion of the contract. Depending on the customer's end device, this document may be printed and/or saved.
(3) The address and contact details of your contractual partner are: Designfeld, Panzerregiment 1 Book, Feldheim 37, 6023 Rothenburg, Switzerland.
§ 2 Registration
(1) Every order requires prior registration as a customer. Multiple registration under different names or addresses is not permitted. Upon successful completion of the registration procedure, the customer is admitted to the system.
(2) The admission can be revoked at any time. In this case, Designfeld is entitled to immediately block and delete the user name and the corresponding password.
§ 3 Conclusion of the contract
(1) The presentation of Designfeld's product range does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.
(2) By sending an order via the Internet (by clicking on the button "Send order"), e-mail, telephone, fax or other communication channels, the customer makes a binding offer to conclude a purchase contract. The customer receives a confirmation of receipt of the order by e-mail (order receipt confirmation). This order receipt confirmation does not constitute an acceptance of the offer, but is only intended to inform the customer that the order has been received by Designfeld.
(3) A contract of sale for physical products or a contract of use for downloads is concluded when Designfeld accepts the customer's offer by sending the ordered product to the customer or by confirming the dispatch to the customer with a second e-mail (confirmation of dispatch). The acceptance of the purchase contract for an eBook takes place with the provision of the download link in "My Account" in the web shop or with the provision of the download on the customer's mobile device.
(4) No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation. In the case of the payment method "prepayment", the purchase contract is already concluded when the customer places the order and Designfeld sends the prepayment request.
(5) If Designfeld cannot accept the customer's offer, the customer will be informed of the unavailability or rejection of the order instead of the acceptance of the order. Temporarily unavailable titles will be noted for the customer, the customer's order remains valid. If necessary, the customer will be informed separately of possible errors in the information on the assortment on the website and, if possible, a corresponding counter-offer will be made to the customer.
(6) Designfeld is entitled to make partial deliveries and partial invoices at any time. If partial deliveries are made, Designfeld will bear the additional shipping costs. The customer will be informed immediately of any delays in delivery.
§ 4 Price, due date, payment
(1) All prices include the statutory value added tax.
(2) Price fluctuations are possible. The price stated at the time the offer is made is decisive.
(3) Designfeld only accepts the payment methods displayed to the customer during the order process.
(4) Subject to the provision in paragraph 4, the purchase price and any shipping costs are due upon conclusion of the contract.
(5) Designfeld reserves the right to demand advance payment in the amount of the order value, in particular in cases where outstanding invoices are already in the reminder process at the time the order is received. The same applies if the value of all orders, the total of outstanding invoices or orders already dispatched exceed € 200 at the time of a new order. A request to pay in advance will also be sent to any customer whose credit notes reach or exceed 30 percent of their previous total invoice volume. The order will be processed after receipt of payment.
(6) If the customer defaults on payment, Designfeld is entitled to claim higher damages, in particular with regard to the enforcement of the claim by a collection agency or a lawyer.
(7) The customer is only entitled to offset claims if and insofar as his counterclaims are legally established, undisputed or recognised. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.
(8) Vouchers shall only be redeemed under the conditions indicated on the voucher and exclusively for the groups of goods indicated on the voucher. It is not permitted to sell vouchers or voucher codes without prior written consent, to trade with them in any way or to credit vouchers or voucher codes purchased or auctioned by third parties when making a purchase.
(9) In the case of payment by voucher, any remaining credit may be redeemed at a later date as long as the voucher is still valid. The credit balance of a voucher cannot be paid out.
§ 5 Warranty
(1) If the delivered goods are defective at the time of the transfer of risk, e.g. due to a manufacturer's defect, or if there is a wrong delivery or an incomplete delivery, Designfeld will, at its own discretion, deliver a replacement or cancel the purchase and refund the purchase price to the customer.
(2) Designfeld will NOT refund the return postage in the event of incorrect delivery or delivery of defective goods.
(3) The customer's warranty claim expires if he does not notify Designfeld of the defect or wrong delivery within 14 days after receipt of the goods by e-mail (firstname.lastname@example.org) or post.
§ 6 Liability
(1) All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. In no case shall the customer have any claims for compensation for damage that has not occurred to the product itself. This also applies with regard to the personal liability for damages of our employees, workers, representatives and vicarious agents. A liability claim exceeding the value of the order is excluded.
(2) The exclusion of liability according to the above paragraph 1 does not apply to unlawful intent (intent) or gross negligence.
(3) The ordered products may only be used for the agreed and intended use. Written consent must be obtained in advance for other applications.
§ 7 Data protection
Designfeld undertakes to treat the personal data of customers in accordance with the data protection regulations of Switzerland. Details can be found in the separate data protection declaration.
§ 8 Customer reviews
If the customer writes a customer review, Designfeld is entitled to display this text in all channels of the Designfeld branch, webshops, apps and social media sites. Designfeld reserves the right not to display a review or to display it only for a limited period of time and, if this is required for legal reasons (e.g. in the event of infringement of personal rights), in abridged form. Customer reviews exclusively reflect the opinion of the customer and do not necessarily agree with the opinion of Designfeld.
§ 9 Final provisions
(1) The legal relationship between the customer and Designfeld is governed by the provisions of substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISGG).
(2) If the customer is a merchant, Zurich is the exclusive place of jurisdiction for all claims in connection with the business relationship. Otherwise, the place of jurisdiction is determined in accordance with Art. 32 of the Swiss Code of Civil Procedure.
(3) Designfeld reserves the right to amend these General Terms and Conditions at any time. The respective binding version of the GTC can be viewed and printed out on the webshop.