Terms of service
General Terms and Conditions
Scope of Application
These General Terms and Conditions ("GTC") apply to the business segment Crest of Vortuna GmbH (hereinafter referred to as the "Company"). The Company sells its products online through its own webshop as well as offline at fairs and events.
Conclusion of Contract
The contract is concluded by the acceptance of the Company's offer regarding the purchase of products by the customer.
The contract is in any case concluded when the customer orders or directly purchases the products offered by the Company via the webshop.
Prices
Unless otherwise stated, all prices are in Swiss Francs (CHF). All prices include any applicable value-added tax (VAT).
Prices do not include any other potentially 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 the conclusion of the contract and published on the Company’s website or price list shall apply.
Payment
The Company offers the customer the following payment options: credit card, PayPal, Twint, SOFORT bank transfer.
Offsetting of the invoiced amount with any counterclaims of the customer against the Company is not permitted.
The Company reserves the right to withhold delivery or provision of services in case of payment default.
Obligations of the Company
5.1 Delivery / Delivery Dates
If the ordered item is available, the goods will generally be delivered within three working days. For legal reasons, delivery can only take place after successful age verification. The stated delivery period only begins after successful verification of an official ID.
If the ordered item is not in stock at the time of order, delivery will take place within 35–40 working days.
Exact delivery dates are generally not agreed upon. Indicated delivery times are for guidance only. For precise information regarding delivery times, the Company's website must be consulted.
If the Company is unable to fulfill its delivery obligations due to operational disruptions, staff shortages, or failure of its own suppliers to deliver, it shall be released from its obligation to perform.
Unless otherwise agreed, the place of performance is the registered office of the Company. 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 select one, provided the agreed shipping costs are not increased.
5.2 Auxiliary Persons
Both parties have the express right to engage auxiliary persons in fulfilling their contractual obligations, provided all mandatory legal provisions and applicable collective labor agreements are observed.
Returns
Products may be returned within 30 days of delivery to the customer. No justification is required.
The following must be observed:
– Items must be unused, undamaged, and in their original packaging.
– The completed return form must be enclosed.
– Unstamped letters/packages will not be accepted and will be returned to the sender at their expense.
– Return shipping is at the customer’s cost and risk.
Warranty
The following warranty provisions apply.
The Company warrants the above for a maximum period of 24 months. Reduced or discounted products are excluded from the warranty.
Any defect must be reported to the Company immediately. The Company decides whether a defective product is repaired or replaced. Only if replacement or repair is not possible does the customer have the right to a reduction in price or refund. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. For repaired components, the warranty period starts anew; for the remaining components of the product, the original warranty period continues.
Transport Damage
The Company accepts no liability for transport damage. Customers must report any damage directly to the delivery service (e.g., Post) without delay.
In the event of damage, the customer must retain all goods and packaging materials and immediately file a damage report with the delivery service (e.g., Post).
Liability
Liability for indirect or consequential damages is fully excluded.
Liability for direct damages is limited to the contract value. This limitation does not apply to 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 fully excluded.
The Company excludes all liability for delayed or late delivery due to supplier delays.
Intellectual Property Rights
All rights to products, services, and any trademarks belong to the Company or the Company is authorized to use them by the rights holder.
Neither these GTC nor any related individual agreements include a transfer of intellectual property rights unless explicitly stated.
Any further use, publication, or making available of information, images, texts, or other materials received by the customer in connection with these provisions is prohibited unless explicitly authorized by the Company.
If the customer uses content, texts, or images related to the Company that are subject to third-party rights, the customer must ensure no third-party rights are infringed.
Data Protection
The Company may process and use data collected in the context of the contract in order to fulfill its contractual obligations. The Company takes measures required by law to secure data.
The customer agrees to the storage and contractual use of their data by the Company and acknowledges that the Company is obliged and entitled to disclose customer information to courts or authorities upon order.
Unless expressly prohibited by the customer, the Company may use the data for marketing purposes. The data necessary for performance may also be passed on to commissioned service partners or third parties.
Amendments
The Company may amend these GTC at any time.
The new version comes into effect upon being published on the Company’s website.
For customers, the version valid at the time of contract conclusion applies unless the customer has agreed to a newer version.
Priority
These GTC take precedence over all previous provisions and contracts. Only provisions of individual contracts that further specify these GTC take precedence over them.
Severability Clause
If a provision of this agreement or any annex is invalid, the validity of the remainder of the contract remains unaffected. The parties will replace the invalid provision with a valid one that comes as close as possible to the intended economic purpose. The same applies to contractual gaps.
Confidentiality
Both parties and their auxiliary persons undertake to treat all information received in connection with performance as confidential. This obligation remains in force even after termination of the contract.
Force Majeure
If the Company, its suppliers, or third parties engaged by it are prevented from fulfilling their obligations on time due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, wars, unrest, revolutions, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, the Company shall be released from its obligations for the duration of the force majeure and a reasonable recovery period thereafter.
If the force majeure lasts more than 30 days, the Company may withdraw from the contract and must fully refund the customer for payments already made.
Any further claims, in particular claims for damages, are excluded.
Agents and Distributors
The customer acknowledges that any distributors or agents act independently and are not affiliated with the Company. Any potential claims must be asserted directly against them. The Company assumes no liability for breaches of contract by agents or distributors.
Applicable Law / Jurisdiction
These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of the Company shall have jurisdiction. The Company reserves the right to bring an action at the defendant’s domicile.
The United Nations Convention on Contracts for the International Sale of Goods (CISG, SR 0.221.221.1) is explicitly excluded.
Zurich, November 2020