General Terms and Conditions (GTC) of the website www.highstore.ch
Here is the translation of your General Terms and Conditions (GTC) into English, specifically tailored to the Swiss legal context.
General Terms and Conditions (GTC)
1. General
Pro Green GmbH, headquartered at Vordere Hauptgasse 81, 4800 Zofingen, CH, assumes the role of the Seller in these GTC. The customer/visitor of the website assumes the role of the Buyer. These General Terms and Conditions are based on Swiss law and apply within Switzerland, provided the parties recognize the GTC explicitly or tacitly. Amendments shall only be effective if confirmed in writing by the Seller. These GTC apply for an indefinite period. For all points not defined in these GTC, the provisions of the Swiss Code of Obligations (OR) and other Swiss laws and regulations shall apply. Should a provision of this contract be or become invalid, or if there is a gap in the contract, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions or the undefined point, Swiss law according to the Code of Obligations shall apply. The General Terms and Conditions apply to all orders, visits, and subscriptions concluded on the website www.highstore.ch, as well as to all other deliveries, services, and reservations of Pro Green GmbH.
2. Offer and Articles
The online shop and all products are legally considered a non-binding online catalog and do not represent a binding offer.
2.1.1 Offer Not all items are always available. If an item is not in stock, the Seller orders it from the supplier and then sends it to the Buyer. If the Seller cannot deliver one or more items, they have the option to exchange the item(s) for replacement items (see Section 2.2.2). The Seller may also withdraw from the contract if delivery is impossible by refunding the paid price to the Buyer (for payments with cash, prepaid, and credit card, see Section 4). In the case of purchase on account, the Seller may withdraw from the contract at any time by informing the Buyer via the email address provided in the order. Claims for damages due to delayed delivery or non-delivery are excluded. For a Buyer's first order on account (see Section 4.2), the Seller is entitled to demand advance payment and may also require this for subsequent orders.
2.1.2 Conclusion of Contract The Buyer submits a binding order for the products in the shopping cart only by clicking the "Order" button during the ordering process. The Seller sends an automated email to the Buyer to confirm receipt of the order. The Seller can accept the contract by delivering the goods to the Buyer within ten days. In the case of "Advance Payment" (manual payment), the Buyer also concludes a reservation contract with the Seller.
2.2.1 Articles Small visual deviations from the images of the goods are possible.
2.2.2 Replacement Items Items are only replaced if the Seller is unable to deliver a specific product within a reasonable period. The Seller is entitled to deliver an equivalent product of the same type and of the same or higher price at the price of the ordered product instead of the ordered product.
3. Shipping and Delivery
The Seller sends all incoming orders via A-Post or Priority Post (parcel).
3.1 Shipping and Minimum Order Value The minimum order value is CHF 50.00. The Seller ships orders with an order value of CHF 50.00 or more free of charge throughout Switzerland (partial deliveries possible; certain orders are sent without a tracking number). For orders under CHF 50.00, the Seller charges the Buyer in Switzerland a flat rate of CHF 6.48 incl. VAT as a minimum order quantity surcharge in addition to the ordered goods. If a parcel is not collected, the Buyer must still bear the costs of the order (ordered items + shipping costs). For a second shipment, flat-rate shipping costs of CHF 10.00 will be charged by the Seller to the Buyer. For all further additional shipments, flat-rate shipping costs of CHF 10.00 will be charged.
3.2 Transfer of Benefit and Risk Benefit and risk pass to the Buyer as soon as the Seller dispatches the goods (Seller brings the parcel/letter/package with the ordered goods to the post office).
3.3 Delayed Delivery The delivery period of 1-2 working days specified on the website is generally met. However, the Seller is not legally in default even after payment. In the case of purchase on account, the Seller reserves the right at any time not to deliver the goods and is therefore never technically in default.
3.4 Delivery to a Wrong Address If a Buyer provides an incorrect name or address in the order, all costs incurred by the Seller will be passed on to the Buyer. If the invoice is not settled, the Seller is entitled to charge the Buyer, who did not provide their identity truthfully, processing fees of CHF 500.00. However, this only applies if the Buyer cannot be found or can only be found with difficulty and the invoice remains unpaid.
3.5 International Shipping We do not deliver outside of Switzerland.
4. Prices and Payment
All prices include VAT plus the specified shipping costs. The ordered items are sent to the Buyer immediately after the order. For the first order on account, the Seller is entitled to demand advance payment.
4.1 Inquiries If the shipment does not reach the Buyer within 10 days of receipt of the shipping confirmation, it is the Buyer's duty to inform the Seller immediately. An investigation (Nachforschung) will only be triggered by the Seller if the Buyer has reported this according to their duties. Otherwise, the Buyer must trigger the investigation directly with the Swiss Post themselves.
4.2 Purchase on Account and Debt Collection The Buyer must settle the owed amount within 10 days of the order date. After this period, the Buyer is legally in default. If unpaid, the Seller sends a reminder via email with an extended 10-day period. If still unpaid after 20 days from the order date, processing fees of CHF 20.00 will be charged. If the claim is not settled within 30 days of the order date, it is forwarded to the collection agency Creditreform Luzern Vogel AG. From this point on, the GTC of Creditreform apply, and additional collection fees will be charged. Pro Green GmbH also reserves the right to initiate its own collection/legal proceedings. In such cases, a flat fee of CHF 80.00 plus 15% of the claim amount will be charged in addition to the CHF 20.00 fee.
4.2.1-4.2.3 Data Exchange In the event of non-payment within 20 days, data is exchanged with Creditreform and CrediWEB for credit checks and reporting.
4.3 Electronic Payments (Payrexx, TFTW, SumUp) Goods are delivered once payment is processed. If the amount is rejected or does not reach the Seller, the provisions of Section 4.2 (Default) apply.
4.4-4.6 Other Payment Methods Includes cash (at the warehouse), advance bank transfer, or automated storno/invoice if no payment method is selected at checkout.
5. Retention of Title
Delivered goods remain the property of the Seller until full payment of the purchase price. We are entitled to enter the retention of title in the respective register.
6. Defects and Warranty
The Buyer must inspect the goods immediately upon receipt. Obvious defects must be reported via email within 7 working days.
6.1-6.2.1 Warranty Terms The return shipping costs are borne by the Buyer. The general warranty period is 1 year. The warranty expires if the product is worn out or modified. The Seller's warranty obligation is dependent on the supplier's acknowledgment of the defect. The Seller has the primary right to repair or replace the item.
6.2.2 Product Liability The Seller assumes no liability if the product is not used according to the instructions. No liability is assumed for the use of pollen shakers, extractors, or digital scales.
7. Age of Majority (18+)
We carry out ID checks. Customers who have not reached the age of 18 are rejected and blocked. The customer confirms they are at least 18 years old. Providing false birth dates is a criminal offense in Switzerland (Identity Fraud) and may be prosecuted. Any fines or costs resulting from a minor ordering will be passed on to the legal representative of the minor.
8. Data Protection
Personal data is processed for business transactions and advertising (e.g., newsletters). The full privacy policy can be found at www.highstore.ch/datenschutz.
9. Cancellation (Right of Withdrawal)
The Buyer can cancel the order via email within 7 days of the order date. If the goods have already been delivered, they must be returned at the Buyer's expense in original condition. Refunds for credit card, Twint, or PostFinance payments will be made minus the transaction commissions charged by the payment providers.
10. Stickers & Promotional Items
Promotional stickers may only be applied where the owner's consent is granted. The Buyer/recipient is liable for illegal stickering. The Seller assumes no liability.
11. Publisher/Affiliates
Provisions for commission payments (provision) to partners via bank transfer, cash, or vouchers.
12. Applicable Law and Jurisdiction
The legal relationship is subject to Swiss Law. For all points not defined, the Swiss Code of Obligations (OR) applies. The exclusive place of jurisdiction is Reiden, Switzerland.
Last updated: 18.12.2023. Subject to change.
