General terms and conditions of business
1. Scope and extent
These General Terms and Conditions (GTC) apply to all business relationships between you and sui.polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach (hereinafter sui.polewear; we) for products that you purchase through the online shop www.suipolewear.ch .
We reserve the right to change these Terms and Conditions at any time; the Terms and Conditions in effect at the time of your binding order shall apply. Any terms and conditions that deviate from and/or conflict with these Terms and Conditions shall not apply between you and us.
You must carefully read the Terms and Conditions and the following provisions. A binding order may only be placed if: By placing a binding order in our online shop, you agree to the following terms and conditions and our privacy policy ( https://suipolewear.ch/pages/datenschutzerklarung ). You also expressly declare that you are at least 18 years old and authorized to enter into legally binding contracts.
2. Conclusion of a purchase agreement
The presentation of our products in the online shop does not constitute a legally binding offer. Our online shop is a non-binding online catalog, and therefore a non-binding suggestion to order the products in our online shop. We therefore reserve the right to change products and content (e.g., images, prices, descriptions, etc.) at any time and without prior notice. Please note that all illustrations, images, advertising, and other information related to our products are for your information only; they are not binding on us.
You can place a binding order for the products you want in our online shop. To do so, select products and then place them in the "shopping cart." Simply placing items in the "shopping cart" does not constitute a binding order. The order is only considered binding when you click the "Order with payment" button in the order overview at the end of the ordering process. Before submitting your order, you can change any information, identify any input errors, and correct them if necessary before placing your order.
Following your binding order, you will immediately receive an automated order confirmation. The order confirmation contains your order details and a copy of the Terms and Conditions. We recommend saving the order, and in particular the Terms and Conditions, on your device. Please note that submitting your order does not constitute a purchase contract. By submitting your order, you confirm that you have read the Terms and Conditions and agree to them unconditionally.
After your binding order and acceptance of the Terms and Conditions, we reserve the right, at our sole discretion, to either accept your order or reject/cancel it by sending a corresponding notification via email, without assuming any liability to you or any third party. In the event of rejection/cancellation, any payment you have already made will be refunded.
In any case, the following reasons, as well as other important reasons, constitute a valid reason for rejection/cancellation: a product is no longer available; we do not receive authorization for payment; the payment is not received; you violate the Terms and Conditions; you commit fraudulent and/or other criminal activities.
The binding purchase contract is created upon our acceptance of the order. Acceptance occurs upon shipment of the ordered products. We point out that the commercial distribution or resale of our products is prohibited.
3. Availability and reservation of performance for non-deliverable products
All information regarding the availability of our products, as well as information regarding shipping and delivery, is preliminary and approximate. These are neither binding nor guaranteed shipping and delivery dates. We assume no liability for unavailable products or for delays in shipping and delivery; liability for these is expressly excluded.
Our products are available while stocks last. If we determine that we are out of stock, we will notify you immediately. In this case, the contract between you and us will not be concluded. Furthermore, we reserve the right to limit the number of items per order and/or customer. In this case, we will notify you immediately by email.
4. Prices and shipping costs
The prices of our products correspond to those in the online shop. All prices are quoted in Swiss francs and include the applicable VAT for the respective country. The total price of your order, including any additional and/or shipping costs, as well as the VAT applicable for the respective country, can be viewed at the end of the order process. For shipments abroad (outside Switzerland), additional customs fees may apply. These are not included in the above total price and are your responsibility.
By placing a binding order, you declare that you agree to the total price displayed for your order. This price cannot be adjusted afterward.
We reserve the right to change prices at any time. Prices are valid from the time of the binding order.
5. Payment terms / credit check
Your orders are generally due for immediate payment. You have the option of paying the total price using the options displayed in the online shop. However, we reserve the right not to offer certain payment methods in specific cases. In this case, we will refer you to alternative payment methods.
You expressly authorize us to conduct credit checks at our own discretion and to pass on your data to third parties for this purpose.
By choosing your payment method, you authorize the payment either by entering your credit card details or access data from a payment service provider. You authorize us to receive or collect payments to the corresponding amount. Should chargebacks occur, we are entitled to reimbursement of the associated costs and bank processing fees. We are not liable under any circumstances for any fees and/or other amounts charged by your card issuer or bank as a result of processing your order.
If you pay by credit card or alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters and address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. In the event of a payment refusal, we reserve the right to cancel the order and refuse shipment of the products. You will receive an email from us promptly in this case.
If we offer payment by invoice or advance payment, you will receive the invoice and payment slip either in advance by email or together with the ordered products. Payment must be made using the payment slip and within the specified period. If payment is not made on time, we are entitled to cancel the delivery (advance payment). If payment is not made on time for orders placed by invoice, we are entitled to additionally invoice our expenses with reminder fees of CHF 25.00 per reminder. We will also charge additional costs associated with collection and statutory default interest. If debt collection proceedings are necessary, we will charge an additional processing fee of at least CHF 200.00.
6. Delivery conditions
Delivery is generally carried out by the Swiss Post Ltd. delivery service. The delivery costs are calculated according to the order overview at the end of the order process. For deliveries within the EU, the following delivery services are used: Swiss Post Ltd. You will pay the applicable costs in advance (see order overview).
The goods you order from our online shop will be delivered to you within 2–8 business days after receipt of full payment, depending on the destination and product availability. If products are marked as "out of stock" when ordering, we will endeavor to deliver the goods as quickly as possible. We make every effort to adhere to the specified delivery times. We are not responsible for delivery delays under any circumstances, regardless of their cause. We will notify you of any delivery delays immediately by email.
If a delivery delay lasts more than three weeks beyond the original delivery date, you are entitled to cancel your order. Further claims, in particular claims for damages, lost profits, etc., are excluded.
7. Retention of title
We remain the owner of the ordered products until they are paid in full.
8. Right of withdrawal and return (only customers residing in the EU)
The following provisions apply to you only if you are resident in the EU. If you are resident in Switzerland, the following provisions are irrelevant:
For all purchases made through our online shop (with the exception of certain products; see the cancellation restrictions below), you as a consumer have the right to cancel without giving any reason within 14 days of receiving the products. You or a third party designated by you who is not the carrier may withdraw from the contract within 14 days of receiving the products by returning the relevant products to us or by sending us an unambiguous declaration of cancellation in text form (e.g., by letter or email).
The 14-day return period begins on the day after receipt of the products and is met if the products or the cancellation notice are handed over to the post office or another transport company for return or shipping on the last day.
To exercise your right of withdrawal, you must return the products to us unused, complete, and intact, if possible in their original packaging. To do so, you must register the return in advance via your customer account. Unregistered returns will not be processed. The goods must be returned to the following address:
sui. polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach
If you cancel the contract and return the goods properly, we will refund the value of the goods no later than 14 days from the day on which we received notification of your cancellation of this contract or the day on which we received the goods. The refund will be made using the same payment method you used to place the order. You, as the buyer, will bear the costs (postage/shipping) of shipping and return.
We may refuse to refund until we have received the products back or until you have provided evidence that the products have been returned.
You are only liable for any loss of value of the products to the extent that this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the products.
The right of withdrawal is excluded for products that we have manufactured according to your own wishes and specifications or that are clearly personalized for you (so-called customized, individualized products). The right of withdrawal is also excluded for products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
9. Notice of defects / warranty
We guarantee that the products correspond to the promised properties and are free from defects that impair their value or suitability for the intended use.
You must inspect our products immediately upon receipt for accuracy, completeness, and any damage. Any errors or damage must be reported to us within 5 business days. Defects that could not be discovered during a proper inspection and only become apparent later must be reported in writing immediately after their discovery. If you fail to inspect the products and/or report the defects immediately, the product will be deemed approved, and you will no longer be entitled to assert any claims against us.
The statutory warranty provisions apply against manufacturing defects, material defects, or production defects. The warranty period is two years from receipt of the respective product. Products damaged through your own fault are excluded from the warranty.
Your warranty claims are limited to replacement delivery or remedy/repair of defects, excluding all other claims, in particular reduction or compensation for indirect and consequential damages. We will decide at our own discretion whether to replace the goods or repair them. If replacement delivery or repair fails, you are entitled to withdraw from the contract – only in the case of significant defects.
For complaints or service questions, please contact us at the following address with your order number, customer number, a description of the fault and other helpful information:
sui. polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach
The defective product must be returned to the above address along with a copy of the invoice and a detailed description of the defect. Returning a product is at your own risk and expense. You should obtain a return confirmation and retain the confirmation so that the return can be processed in the event of a lost package.
10. Account registration
41) By registering a customer account, customers can view information about completed, open, and recently shipped orders, as well as manage and save address data, any payment details, and any newsletter subscriptions. Customer data is thus saved; there is no need to re-enter it when placing a new order.
You are responsible for registering your customer account and must provide the personal information required for registration truthfully and completely. You agree to treat your personal access data to your customer account confidentially and not to disclose it to unauthorized third parties. We guarantee that customer data will be treated confidentially and will not be passed on to third parties. For further information on data protection, please refer to our privacy policy at https://suipolewear.ch/pages/datenschutzerklarung .
Registration in our online shop is free. You are only entitled to one customer account. We reserve the right to delete multiple accounts and, should you violate these Terms and Conditions, to warn, block, or delete and/or modify your content.
We are also not obligated to accept your registration and/or order, even if you are a registered customer.
11. Liability
We are liable for breaches of our own obligations under these Terms and Conditions and the contractual relationships based thereon for proven damages caused by us through unlawful intent or gross negligence. Liability for minor and moderate negligence, as well as for indirect and consequential damages, whether based on contract, tort, or any other reason, is expressly excluded. Examples of indirect damage include lost profits, financial losses, damage to reputation, damage caused by computer viruses, or data loss due to temporary impairments or interruptions in the availability of our services. Furthermore, we assume no contractual or non-contractual liability for damages caused by auxiliary persons engaged to provide the service.
The above exclusions and limitations of liability shall not apply in the event of culpable injury to life, body or health caused directly by us or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, your total liability under these Terms and Conditions, regardless of the reason, and to the extent permitted by law, shall be limited to the price of the products you ordered and received from us.
In the event of events beyond our control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations under these Terms and Conditions and the contractual relationship based thereon. Events beyond our control include, for example, strikes, protests, protest actions, blockades, or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, road, or other means of public or private transport.
If an event occurs outside our control that affects the performance of our obligations under the contract, we will notify you as soon as possible.
12. Data protection
We collect and process personal data only within the framework of the legal provisions, in particular in compliance with applicable data protection laws. Further information on the processing of customers' personal data, rights, and related questions can be found in our privacy policy at https://suipolewear.ch/pages/datenschutzerklarung , which forms an integral part of these Terms and Conditions.
13. Copyright
The information and content published in the online shop are protected by copyright and are our property or the property of the respective rights holder. Reproduction, editing, distribution, or any other form of exploitation is prohibited and requires our prior written consent or the consent of the respective rights holder. We and/or the respective rights holder expressly reserve all related rights.
14. Severability Clause
Should any provision of these Terms and Conditions be or become illegal, invalid, or unenforceable, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same applies to any gaps in these Terms and Conditions.
15. Applicable law and place of jurisdiction
These General Terms and Conditions, the contractual relationships based thereon and any disputes arising therefrom shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for you as a natural person is either our registered office or your place of residence. For you as a legal entity, our registered office is the exclusive place of jurisdiction.
sui.polewear GmbH, version June 2023