General Terms and Conditions of Business and Delivery of sevenA GmbH

§ 1 General

Your contractual partner for all orders within the scope of this online offer is sevenA GmbH, Maienstrasse 6, CH-2540 Grenchen.

All deliveries by sevenA to the customer shall be made on the basis of the following General Terms and Conditions of Business and Delivery. These shall form the basis of all offers and agreements between sevenA and the customer and shall be deemed accepted for the duration of the entire business relationship. Any conflicting or deviating terms and conditions of the buyer shall only be binding if sevenA has accepted them in writing.

§ 2 Responsibility for online offers

sevenA shall be responsible for the articles and motifs offered in the "sevenA-Shop" and for the design of the shop as a whole.

§ 3 Conclusion of contract

(1) The "offers" contained on the website constitute a non-binding invitation to the customer to place an order with sevenA.

(2) By submitting the completed order form on the Internet, the customer makes a binding offer to conclude a purchase contract or a contract for work and materials. Before finally sending the order, the customer has the opportunity to check the correctness of his entries on an overview page and to correct them if necessary. The following languages are currently available for the ordering procedure: German, English.

SevenA shall then send the customer an order confirmation by e-mail and check the offer for its legal and actual feasibility, in particular for a possible infringement of third-party property rights. The order confirmation shall not constitute an acceptance of the offer, but shall only inform the customer that his order has been received by sevenA.

The contract shall only be concluded when sevenA ships the ordered product to the customer and confirms the shipment to the customer with a second e-mail (shipping confirmation).
We store the text of the contract and send you the order data and these GTC by e-mail. You can also view the GTC at any time in the webshop.
If you have created a user account with sevenA, you can also view the details of your past orders in your user area. If you have placed your order without a user account, you can access the details of your order via a link in the relevant order confirmation.

(3) SevenA reserves the right to reject orders received within the statutory acceptance period if it becomes known during the ordering process or the suspicion arises that a print motif infringes the rights of third parties or statutory regulations.

(4) The conclusion of the contract shall be subject to the reservation of timely and complete self-delivery. This reservation shall not apply in the event of short-term delivery disruptions or if sevenA is responsible for the non-delivery, in particular if sevenA fails to conclude a congruent hedging transaction in due time. The customer shall be informed immediately of the non-availability of the service. If the consideration has been paid by the customer, it shall be refunded.

§ 4 Delivery/Shipping

(1)Delivery dates and delivery periods shall only be binding if they have been expressly confirmed as such by sevenA in writing.

(2) Delivery shall be made within Switzerland and to the other countries that can be selected in the web shop.

(3) Delivery shall be made by the Swiss postal service. The customer shall pay a flat-rate postage fee, which may depend on the order value and the place to which delivery is to be made.

§ 5 Prices

(1) The prices stated are final prices. They include the applicable statutory taxes, in particular value added tax. The delivery address is decisive.

(2) The customer shall bear the shipping costs, which may depend on the order value and the place to which delivery is to be made.

§ 6 Payment

(1) Payment shall be made at the discretion of the Customer by credit card, advance payment or other payment methods. SevenA reserves the right to limit the payment methods between which a customer can choose depending on the order value, shipping region or other objective criteria.

(2) Insofar as the method of payment selected by the customer is not feasible despite contractual execution on the part of sevenA, in particular because a direct debit from the customer's account is not possible due to insufficient funds in the customer's account or due to the provision of incorrect data, the customer shall reimburse sevenA for the additional costs incurred as a result.

(3) SevenA shall be entitled to use the services of trustworthy third parties to process the payment:

a) In the event of default in payment by the customer, sevenA may assign its claims to a collection agency and transfer the personal data required to process the payment to this third party.

b) In the event that third parties are involved in the processing of payments, the payment shall only be deemed to have been made in relation to sevenA when the amount has been made available to the third party in accordance with the contract so that the third party may dispose of it without restriction.

(4) The client agrees to receive electronic invoices only. The invoices shall be made available to the customer in PDF format by e-mail.

§ 7 Retention of title

(1) The goods shall remain the property of sevenA until the claims due to sevenA have been settled. If the customer is a merchant within the meaning of the Commercial Register, sevenA shall retain title to all goods delivered until receipt of all payments arising from the business relationship.

(2) The customer shall be obliged to treat the goods with care until the transfer of ownership to the customer.

§ 8 Warranty

(1) Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists shall be for information purposes only. SevenA shall not assume any warranty for the correctness of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation shall be decisive.

(2) The statutory warranty rights shall apply to the products offered by us.

(3) In the event of returns due to defects, sevenA shall also bear the postage costs.

(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times in accordance with the current state of the art. SevenA shall therefore not be liable for the constant and uninterrupted availability of the online offer.

(5) The claims of the Client arising from the warranty shall be subject to the condition that the Client, insofar as the Client is a merchant, has complied with its owed obligations to examine the goods and give notice of defects.

(6) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.

§ 9 Limitation of liability

The liability of sevenA shall otherwise be governed by the statutory provisions, unless otherwise stipulated in these General Terms and Conditions of Business and Delivery. sevenA shall have unlimited liability for damages, irrespective of the legal grounds, only in the event of intent and gross negligence. In addition, sevenA shall have unlimited liability for damages arising from injury to life, limb or health in the event of simple negligence. In the event of simple negligence and the breach of a material contractual obligation, sevenA's liability shall be limited to compensation for the foreseeable, typically occurring damage. Liability under the Product Liability Act shall remain unaffected by the above provisions.

§ 10 Information on the right of withdrawal for consumers

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

In order to exercise the right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form, which is not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. In no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To sevenA, Maienstrasse 6, 2540 Grenchen or the e-mail address info@sevena.ch.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable.

Exceptions to the right of withdrawal

There is no right of withdrawal for contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§ 11 Copyrights to print designs, release from liability

(1) If the customer transmits its own motif or otherwise influences the product (text personalisation), the customer shall assure sevenA that the text and motif are free from third party rights. In this case, any infringements of copyright, personal rights or rights to a name shall be fully borne by the client. The customer also assures that it does not infringe any other rights of third parties by customising the product.

(2) The customer shall indemnify sevenA against all claims and demands asserted on account of the infringement of such third-party rights to the extent that the customer is responsible for the breach of duty. The client shall reimburse sevenA for all defence costs and other damages incurred.

§ 12 Technical and creative deviations

In the performance of the contract, we expressly reserve the right to deviate from the descriptions and specifications in our brochures, catalogues and other written and electronic documents with regard to material properties, colour, weight, dimensions, design or similar features, provided that such deviations are reasonable for the customer. Reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes.

§ 13 Data protection

SevenA shall process personal data of the Customer for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by sevenA to fulfil and process the contract. This data shall be treated confidentially by sevenA and shall not be disclosed to third parties who are not involved in the ordering, delivery and payment process. The customer shall have the right, upon request and free of charge, to receive information about the personal data stored by sevenA about him or her. In addition, he shall have the right to correction of incorrect data, blocking and deletion of his personal data, insofar as this does not conflict with any statutory obligation to retain data.

§ 14 Place of jurisdiction - place of performance - choice of law

(1) The place of performance for all deliveries shall be sevenA's place of business.

(2) Insofar as the customer is a merchant within the meaning of the commercial register, a legal entity under public law or a special fund under public law, Grenchen shall be the place of jurisdiction. In this case, sevenA shall also be entitled, at sevenA's discretion, to sue the client at the court of the client's place of residence. The same shall apply in the event that the client does not have a general place of jurisdiction in Switzerland, relocates its place of residence or habitual abode outside Switzerland after conclusion of the contract or its place of residence or habitual abode is unknown at the time the action is brought.

(3) The contract in accordance with these General Terms and Conditions of Business and Delivery shall be governed exclusively by Swiss law. If the customer is a consumer and has his habitual residence abroad, mandatory provisions of this state shall remain unaffected.

(4) Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract.