Free delivery when ordering two covers and/or boxes

General terms and conditions of business

  1. Scope

These General Terms and Conditions ("GTC") apply to the Crest division of Vortuna GmbH (hereinafter "Company"). The Company sells its products online via its own online shop and offline at trade fairs and events.

  1. Conclusion of contract

The contract is concluded when the customer accepts the company’s offer regarding the purchase of products.

The contract is concluded in any case when the customer orders the products offered by the company through the company's online shop or purchases them directly.

  1. Prices

Unless otherwise stated, all prices are in Swiss francs (CHF). All prices include any applicable value-added tax (VAT).

Prices are exclusive of any applicable taxes.

Prices include packaging and shipping costs.

The company reserves the right to change prices at any time. The prices valid at the time of contract conclusion are those listed on the company's website and in the company's price list.

  1. pay

The company offers the customer the following payment options: credit card, PayPal, Twint, SOFORT Überweisung.

Offsetting the invoiced amount against any claim the customer may have against the company is not permitted.

The company reserves the right to refuse delivery or service provision in the event of late payment.

  1. Obligations of the company

5.1 Delivery / Delivery Dates

If the ordered item is available, the goods will generally be delivered within three business days. For legal reasons, delivery can only be carried out after a positive age check. The stated delivery time only takes effect after successful verification of an official ID.

If the ordered item is not in stock at the time of ordering, delivery will take place within 35-40 working days.

Exact delivery dates are generally not agreed upon. Delivery times stated are for guidance only. For precise information regarding delivery times, please consult the company's website.

If the company is unable to fulfil its delivery obligations due to operational disruptions, a shortage of labour or failure to supply its own goods, it shall be released from its obligation to perform.

Unless otherwise agreed, the place of performance shall be the company's registered office. The company fulfills its obligations by handing over the ordered products to the agreed carrier. If no carrier is agreed, the company is free to choose one. The agreed delivery costs may not be increased by the choice of carrier.

5.2. Auxiliary persons

The parties have the express right to engage auxiliary personnel to fulfill their contractual obligations. They must ensure that the engagement of auxiliary personnel is carried out in compliance with all mandatory legal provisions and any collective labor agreements.

  1. return

Ordered goods can be returned no later than 30 days after delivery to the customer. No reason is required.

The following should be noted:

– Items must be unused, undamaged and in their original packaging.

– The completed return slip must be enclosed.

– Unstamped letters/parcels will not be accepted and will be returned to the sender at the sender’s expense.

– Returns are at the customer’s expense and risk.

  1. Warranty

The following warranty conditions apply.

The company guarantees the above for a maximum period of 24 (twenty-four) months. Products purchased at a discount or with discount codes are excluded from the warranty.

Any defect must be reported to the company immediately. The company reserves the right to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. Reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins anew for the repaired item; the original warranty period continues for the remaining parts of the product.

  1. Transport damage

We assume no liability for transport damage. It is the customer's responsibility to report any damage immediately to the delivery service (e.g., the post office).

In the event of damage, the customer is obliged to keep all goods and packaging materials and to immediately report the damage to the delivery service (e.g. post office).

  1. Liability

Liability for any indirect damages and consequential damages is completely excluded.

Liability for direct damages is limited to the contract amount. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is completely excluded.

The company excludes any liability for late or delayed delivery due to late delivery by the production company.

  1. Intellectual property rights

All rights to the products, services and any trademarks are owned by the company or are authorized to use them by the owner.

Neither these Terms and Conditions nor any associated individual agreements contain the transfer of any intellectual property rights unless explicitly stated otherwise.

Furthermore, any further use, publication or making available of information, images, texts or anything else that the customer receives in connection with these terms and conditions is prohibited unless explicitly approved by the company.

If the customer uses content, texts or images in connection with the company to which third parties have a proprietary right, the customer must ensure that no third-party proprietary rights are infringed.

  1. Data protection

The company may process and use the data collected during the conclusion of the contract to fulfill its contractual obligations. The company will take the measures required to secure the data in accordance with legal regulations. The customer fully consents to the storage and contractually compliant use of his data by the company and is aware that the company is obligated and authorized to disclose customer information to these or third parties upon order of courts or authorities. Unless the customer has expressly prohibited this, the company may use the data for marketing purposes. The data necessary to fulfill the service may also be passed on to commissioned service partners or other third parties.

  1. Changes

These Terms and Conditions may be changed by the Company at any time.

The new version will come into effect when the company posts it on its website.

For customers, the version of the Terms and Conditions in effect at the time the contract is concluded generally applies. Unless the customer has agreed to a more recent version of the Terms and Conditions.

  1. priority

These Terms and Conditions take precedence over all previous provisions and agreements. Only provisions from individual contracts that further specify the provisions of these Terms and Conditions take precedence over these Terms and Conditions.

  1. Severability clause

Should any provision of this agreement or any appendix to this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.

  1. confidentiality

Both parties, as well as their agents, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in effect even after termination of the contract.

  1. Force majeure

If timely performance by the company, its suppliers, or third parties involved becomes impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, the company is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company may withdraw from the contract. The company must fully reimburse the customer for any payments already made.

Any further claims, in particular claims for damages resulting from vis major, are excluded.

  1. Agents and sales partners

The customer acknowledges that any sales partners or agents operate independently and are therefore independent of the company, and any potential claims must be asserted directly against them. The company is not liable in any way for breaches of contract by any agents or sales partners.

  1. Applicable law / Place of jurisdiction

These Terms and Conditions are governed by Swiss law. Unless mandatory statutory provisions apply, the court at the company's registered office shall have jurisdiction. The company is free to file a lawsuit at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.

Zurich, November 2020