Terms of service

table of contents
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1. scope
2. conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. liability for defects
7. liability
8. Special conditions for the processing of goods according to specific customer specifications
9. Redeeming promotional vouchers
10. Redeeming Gift Vouchers
11. Governing Law, Jurisdiction
12. Purchase on account
13. payments

1) Scope

1.1 These terms and conditions of Gstrap “InoCom GmbH” (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose which cannot be attributed to his or her commercial or self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
-By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
-By delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
– by requesting payment from the customer after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The time limit for accepting the offer begins on the day after the submission of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before submitting a binding order using the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German and French languages are available for the conclusion of the contract.
2.8 The order processing and contact are carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 The prices stated by the seller include the statutory VAT and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 Various payment options are available to the customer, which are indicated in the seller's online shop.
4.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.4 When selecting the payment method Delivery on account, the purchase price is due after the goods have been delivered and invoiced.
When selecting the payment method Delivery on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin ( www.billpay.de ), To pay. The payment method delivery on account requires a successful credit check by Billpay GmbH. If the customer is allowed to deliver on account after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only pay to Billpay GmbH with guilt-free effect. The seller also remains responsible for general customer inquiries about the goods, delivery time, dispatch, returns, complaints, revocation declarations and revocations or credits when selecting the payment method delivery on account via Billpay. In this respect, the general terms and conditions of Billpay apply (available at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz /), Which the customer can retrieve and must confirm as part of the ordering process.
4.5 The credit card payment method is a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz ( www.secupay.de ) Ahead. If the customer is allowed to pay the credit card after checking the creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of cancellation and cancellations or credit notes.
4.6 When selecting the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This sets u. A. in advance that the customer opens or opens a PayPal account. already has such an account.

5) Delivery and shipping conditions

5.1 The delivery of goods is carried out regularly by dispatch and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
5.3 As a matter of principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred with the abandonment of the goods for dispatch or transfer to the person responsible for transport.
5.4 Collection by the customer is not possible for logistical reasons.

6) Liability for Defects

The statutory liability for defects applies. If the customer is an entrepreneur, the deadlines for warranty claims against the seller are reduced to one year.

7) Adhesion

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
7.1 The Seller shall be fully liable on all legal grounds
– in the event of intent or gross negligence,
– in the event of negligent or intentional injury to life, limb or health,
– on the basis of a guarantee promise, unless otherwise stipulated in this regard,
-Due to mandatory liability such as under the Product Liability Act.
7.2 If the seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with section 6.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to comply with.
7.3 In addition, liability of the seller is excluded.
7.4 The above-mentioned liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer has the operator all the content required for processing such as texts, images or graphics in the file formats, formatting specified by the operator, To provide image and file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
8.2 The Customer shall release the Seller from claims of third parties which they may assert against the Seller in connection with a violation of their rights as a result of the contractual use of the contents of the Customer by the Seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

9) Redemption of promotional vouchers

9.1 Coupons that are issued free of charge by the seller as part of promotions with a certain validity period and that cannot be purchased by the customer (hereinafter “Promotional coupons”) can only be redeemed in the seller's online shop and only in the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his contractual right of withdrawal, if such has been agreed.
9.10 The promotional voucher is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

10) Redeeming Gift Certificates

10.1 Coupons that can be purchased via the seller's online shop (hereinafter “Gift Vouchers”) can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

11) Applicable law, place of jurisdiction

11.1 If the customer acts as a consumer within the meaning of section 1.2, Swiss law applies to all legal relationships of the parties to the exclusion of the UN Convention on the International Purchase of Movable Property and is the exclusive place of jurisdiction for all disputes arising from this contract the customer's domicile.

11.2 If the customer is acting as an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.

12) PURCHASE FOR BILL with Klarna

In the case of a purchase on account, the purchase price is due 14 days after receipt of the goods. In this case, the purchase price must be paid without deduction within 14 days of receipt of the goods, unless otherwise agreed.

If the customer is in default, Gstrap Jozak will send a payment reminder after 5 days of default. If there is still no payment during this time, Gstrap will send a reminder. InoCom GmbH then charges an additional CHF 15 for sending the reminder.

If the invoice and reminder are not paid within the next 5 days, InoCom GmbH reserves the right to collect the total claim from a debt collection agency.

13) Payment

The customer can pay for the goods by means of the following payment methods:
– Paypal
-Credit card
-Purchase on account Klarna
-Monta bill
-Installments payment
-Postfinance Card
-Postfinance E-Finance