November 10, 2017
setpark GmbH, Rathausplatz 3, 3600 Thun, Switzerland, hereinafter referred to as setpark, sells all under these General Terms and Conditions offered products.
The following General Terms and Conditions, hereinafter referred to as GTC, regulate the rights and duties between setpark and its clients. Client’s terms and conditions are not valid.
In order to be valid, any form of subsidiary agreement, variations or modifications must be made in written form.
The validity of all clauses stays unaffected should single clauses of this contract be or become invalid or void. The invalid clause is to be reinterpreted or completed in such a way that the intended purpose is achieved as far as possible.
setpark is entitled to modify or complete these GTC at any given time. Orders received before the modification will be completed according to the GTC valid at the time of order.
2. Orders, delivery, handing over of products
The range of products on offer is subject to change without notice. setpark delivers customary amounts only and as long as available. The delivery is subject to the availability of products by our suppliers and / or producers.
Delivery periods specified are only indicatory. setpark takes no responsibility for the correctness of this information. Any delays that may arise during manufacturing or delivery may not, under any circumstances, justify the cancellation of the order, the application of a penalty or the payment of any indemnity.
setpark is authorized to perform partial deliveries.
Any form of problem in delivery due to circumstances that setpark has no influence on, such as strike, lockout, shortage of material, shipping problems or the shutting down of manufacturer’s production plants, shipping problems of our suppliers, gives setpark the right to cancel confirmed orders. The client is entitled to a refund of the purchase price, if paid in advance. The application of a penalty or the payment of any indemnity is strictly excluded.
Any modification or cancellation of orders placed is only valid upon written confirmation from setpark. setpark may charge the client for any expenses arisen until that point.
Errors regarding the scope of delivery are excepted. setpark is not liable for any damage that may result from the modification of content of websites or any other publication.
By clicking the order button in the online shop the customer makes a binding offer to buy all products in the shopping basket/cart.
The customer must be at minimum 18 years of age.
The client must ensure that no damage or loss has been incurred before accepting delivery of the merchandise. In the event of an incident the client must notify setpark in writing within a period of no more than 5 days.
The client bears the risk of damage or loss from the moment of handing over of the products by setpark to the delivery carrier.
The client may return any items within 14 days after delivery (date and conditions at receipt are relevant). The items must be in the original conditions and packaging. The sales price will be refunded (excluding import fees, taxes and shipping cost). Any cost occurred for the return must be paid by the client.
setpark reserves the right to send back returned items that are no longer in an immaculate state at the client’s risk and cost.
The product prices are understood in the currency indicated. Value added tax is declared.
Extra charges such as costs for packaging and shipping are not included and shall be invoiced as extra; they vary according to the products and quantity ordered.
setpark reserves the right to modify these prices at any given time without prior announcement.
Countries may charge additional fees and taxes on delivered goods. setpark does not have any influence on these costs, they must be paid by the client directly to the respective authority.
5. Conditions of payment
Should there be a delay in payments by the client, setpark reserves the right to discontinue all or parts of further deliveries to the client until the outstanding bills have been settled. All consequences resulting from such a discontinuation shall be borne exclusively by the client.
setpark reserves the right to sue the client for damages should the client not settle the outstanding bills within the scheduled extension of time. Furthermore, setpark reserves the right to start proceeding according to the general rules of the Swiss Code of Obligations.
6. Retention of ownership
The products sold by setpark remain property of setpark until a payment has been made in full in accordance with the contract.
setpark issues 2 years warranty on all products. The warranty does not cover any defects caused by inappropriate handling and usage as well as by inappropriate cleaning. Not covered are likewise optical alterations and normal material ageing as well as possible alterations in natural materials like for instance colour changes and scratches in leather goods.
setpark is only liable for direct damage and only in the case of proof by the client that the damage occurred by grossly negligent action or by intent by setpark, its auxiliary persons or assigned third parties. The liability is limited to the price of the respective delivery.
Any further form of liability by setpark, its auxiliary persons or assigned third parties for damages of any kind is excluded.
setpark commits itself to convey liability claims acknowledged by the producer/supplier to the client.
9. Applicable law and place of jurisdiction
The provisions of Swiss law apply for all individual contracts and the GTC. Customer with delivery address inside the European Union the EU General Data Protection Regulation applies.
The place of jurisdiction for all claims regarding orders is Thun (Switzerland). For customers with delivery address inside the European Union the EU General Data Protection Regulation may require other places in specific cases. setpark furthermore reserves the right to sue the customer at his general place of jurisdiction.