General Terms of Service of EP Trading Services SA
1. Field of application
The present General Terms and Conditions (GTC) govern the contractual relationship between EP Trading Services AG, with registered office in Zug (hereinafter “EP Trading”), and the customers who use services via the webshop operated by EP Trading under the URL www.pink.ch (hereinafter the “customer” or the “customers”). The use of this website and the business relationships between EP Trading and its customers are subject to the GTC as amended, which can be downloaded from the website and in the context of placing an order. These GTC apply exclusively. Any conditions which contradict these GTC or are in addition to these GTC, or which deviate from these GTC, require express written confirmation by EP Trading in order to be valid. By using this website or by placing an order, the customer confirms that they fully acknowledge these GTC including delivery and payment conditions.
2. Information on the website and in the webshop
In particular, no assurance of characteristics or guarantees is provided by the information on www.pink.ch (for example product descriptions, illustrations, dimensions, and other information), unless explicitly stated otherwise. All offers made on the website are deemed to be subject to alteration and are not to be understood as binding offers. We reserve the right to make changes at any time to prices and to the range of products and services offered, and also to make technical changes. EP Trading cannot give any guarantee that the products listed are available on the date of the order. All information concerning availability and delivery times is provided without any guarantee, and can change at any time without prior notice.
3. Conclusion of contract
The range offered in the webshop represents a non-binding invitation to the customer to order products from EP Trading. By placing an order via the webshop and accepting these GTC, the customer is making a legally binding offer to conclude a contract. EP Trading will then send an automatic “order confirmation” by email, confirming that the customer’s offer has been received by EP Trading. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or right of withdrawal. The contract is concluded as soon as EP Trading sends a confirmation by email stating that the products or services ordered have been shipped. Orders are only delivered after full payment has been received, and only if the goods in question are available. If it becomes clear after the contract has been concluded that the goods ordered cannot be delivered, or cannot be delivered in full, EP Trading is entitled to withdraw from the entire contract or part thereof. If payment by the customer has already been received by EP Trading, the payment amount will be refunded to the customer. If no payment has been received, the customer is released from his duty of payment. In the event that the contract is cancelled, EP Trading is not obliged to make any substitute delivery.
4. Prices, payment procedures
The prices (in Swiss francs, CHF) as shown in the webshop on the date on which the service is used apply.
Unless otherwise envisaged, any shipping costs are charged in addition and are to be paid by the customer. Shipping costs will be shown separately in the order process.
The payment options as stated in the order process are available to the customer. EP Trading reserves the right to exclude customers from individual payment options, or only to deliver goods to customers in return for payment in advance, without any statement of reasons.
If the customer is in default, EP Trading can charge default interest of 5% per year, and can also levy a dunning charge in a maximum amount of CHF 20 per dunning.
5. Delivery, duty of examination, notification of defects, return of goods
Deliveries will be shipped by post or by courier service to the address as stated by the customer in the order. The invoice will be sent by email. Once the goods are shipped, the benefit and risk are transferred to the customer, insofar as this is legally permissible.
The customer must examine the delivered goods immediately following receipt of the delivery, and must immediately give written notice of any defects for which EP Trading has provided a warranty, by letter or email to the address as stated in the Legal Information. If goods are returned to EP Trading, this is done for the account of and at the risk of the customer.
EP Trading endeavours to deliver goods in perfect quality. Provided notice of defects is received in a timely manner, EP Trading provides a warranty for the freedom from defects of the goods purchased by the customer, during the statutory warranty period. At its own discretion, EP Trading can fulfil its warranty obligation by a replacement in the equivalent value or by reimbursement of the purchase price. Further claims are excluded.
The warranty does not cover the consequences of improper handling of the goods by the customer or third persons, or defects which are attributable to external circumstances.
7. Availability of the website and the webshop
The customer acknowledges that 100% availability of the website and the webshop is not technically possible. However, EP Trading endeavours to keep the website and webshop constantly available as far as possible. In
particular, maintenance, security, and capacity considerations and events lying outside of the sphere of influence of EP Trading (e.g. disruption of public communications networks, power failures, etc.) can lead to disruption or temporary suspension of the services of EP Trading.
EP Trading accepts no liability, irrespective of the legal basis thereof, and also excludes compensation claims asserted against EP Trading and any auxiliaries and agents. In particular, EP Trading is not liable for indirect damage or consequential damage, lost profit, or other personal injury, damage to property, or purely pecuniary loss for the customer. Any mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
9. Intellectual property
All rights to the website, the webshop, and the content thereof are either the property of EP Trading or have been licensed to EP Trading by third parties. Intellectual property rights thereto, such as copyright, trademark rights, and other intellectual property rights are exclusively owned by EP Trading or the licensors of EP Trading. Such content may only be used by the customer in connection with the use of the website or the webshop, and may not be downloaded, copied, reproduced, disseminated, transmitted, sent, performed, sold, licensed, or used for any other purposes without the prior written agreement of EP Trading.
10. Data protection
EP Trading undertakes to observe the provisions of the Swiss Federal Law against Unfair Competition and the Swiss Federal Law on Data Protection in regard to the data collected by EP Trading in the context of the use of the website and the webshop. In addition to these GTC, the data privacy statement issued by EP Trading applies in relation to the collection and use of personal data.
11. Amendments to the GTC, changes to the range of products and services offered by EP Trading
Amendments to these GTC and changes to the range of products and services offered by EP Trading can be undertaken by EP Trading at any time at its own discretion, and will be notified to the customers before they come into force.
12. Final provisions
If any provision of these GTC is invalid, the remaining provisions are not affected. The invalid provision is replaced by a provision which in a legally valid manner approximates most closely to the meaning and purpose of the invalid provision. The same applies in regard to any regulatory omissions.
In the event of disputes, Swiss substantive law applies exclusively, to the exclusion of conflict-of-laws rules. CISG (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.