General Terms and Conditions with Customer Information

Table of contents

1. scope
2. conclusion of the contract
3. Prices and payment terms
4. delivery and shipping conditions
5. liability for defects
6. Applicable law, place of jurisdiction

1) Scope

1.1 These terms and conditions of Fortune Swiss Einzelunternehmen (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "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 terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent 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 constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may 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, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, the seller hereby declares, in deviation from section 2.3, that he accepts the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending his order together with these general terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed 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.

2.7 Before the binding submission of the order via the seller's online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and payment terms

3.1 The prices stated by the seller include statutory VAT and other price components. Any additional delivery and shipping costs are stated separately in the respective product description.

3.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery takes place within Switzerland but the customer makes the payment from a country other than Switzerland.

3.3 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

3.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.5 If you select the payment method "PayPal", the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, which can be viewed at https://www.paypal.com /ch /webapps /mpp /ua /useragreement-full ?locale.x=de_CH This requires, among other things, that the customer opens a PayPal account or already has such an account.

3.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com /legal /terms-payments-de available.

4) Delivery and shipping conditions

4.1 Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during order processing is decisive. In deviation from this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Buyer when the goods are dispatched or handed over to the person commissioned to carry out the transport.

4.4 Self-collection is not possible for logistical reasons.

5) Liability for defects

The statutory liability for defects applies.

6) Applicable law, place of jurisdiction

6.1 If the customer acts as a consumer, all legal relationships between the parties shall be governed by Swiss law, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer’s place of residence.

6.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.