Terms and Conditions
General Terms and Conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Prices and payment terms
- Delivery and shipping conditions
- Liability for defects
- Special conditions for the processing of goods according to specific customer specifications
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law, jurisdiction
1) Scope
1.1 These terms and conditions of Boostpartner Einzelunternehmen (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller regarding the goods and/or services presented by the seller in their online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts regarding the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stated otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. In doing so, the customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process after entering their personal data.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after they have placed their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the moment one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, they simultaneously issue a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process, deviating from section 2.3.
2.5 The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer.
2.6 When submitting an offer through the seller's online order form, the contract text will be stored by the seller and sent to the customer after the order is submitted along with the present terms and conditions in text form (e.g., email, fax, or letter). However, the customer will no longer be able to retrieve the contract text from the seller's website after submitting their order.
2.7 Before placing a binding order through the seller's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact will take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.
3) Prices and Payment Terms
3.1 The prices indicated by the seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be specified separately in the respective product description.
3.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to money transfer even if the delivery takes place within Switzerland, but the customer makes the payment from a country other than Switzerland.
3.3 The customer has various payment options available, which are specified in the seller's online shop.
3.4 If advance payment is agreed, the payment is due immediately after the contract is concluded.
3.5 When selecting the payment method "PayPal," the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use, which can be viewed at https://www.paypal.com
3.6 When selecting the payment method "SOFORT," the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account that is enabled for participation in "SOFORT," must authenticate themselves during the payment process, and must confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" online at https://www.klarna.com
3.7 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online shop. For processing payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. More information about "Shopify Payments" can be found online at https://www.shopify.com
3.8 When selecting a payment method offered through the payment service "PostFinance Checkout," the payment processing is carried out by the payment service provider PostFinance AG, Mingerstrasse 20, 3030 Bern, Switzerland (hereinafter "PostFinance"). The individual payment methods offered through "PostFinance Checkout" will be communicated to the customer in the seller's online shop. For payment processing, PostFinance may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about "PostFinance Checkout" can be found online at https://www.postfinance.ch
4) Delivery and shipping conditions
4.1 The delivery of goods is regularly carried out via shipping to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at the time of payment with PayPal is decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer upon handing over the goods for shipment or upon delivery to the commissioned transport person.
4.4 Self-pickup is not possible for logistical reasons.
5) Liability for defects
The statutory liability for defects applies.
6) Special conditions for processing goods according to specific customer requirements
6.1 If the seller is obligated under the contract to process the goods according to specific customer requirements in addition to delivering the goods, the customer must provide the operator with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the operator, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no third-party rights are violated, especially copyright, trademark, and personal rights.
6.2 The customer indemnifies the seller against claims from third parties that may assert these in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at statutory rates. This does not apply if the legal violation is not the customer's fault. The customer is obliged to provide the seller with all information necessary for the examination of claims and a defense in the event of a claim by third parties without delay, truthfully, and completely.
6.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or good morals. This particularly applies to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifying violence.
7) Redemption of promotional vouchers
7.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
7.2 Promotional vouchers can only be redeemed by consumers.
7.3 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the promotional voucher.
7.4 Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
7.5 Only one promotional voucher can be redeemed per order.
7.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
7.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
7.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
7.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their contractual right of withdrawal, provided such a right has been agreed upon.
7.10 The promotional voucher is transferable. The seller can fulfill their obligations to the respective holder who redeems the promotional voucher in the seller's online shop with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.
8) Redemption of Gift Vouchers
8.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop unless otherwise stated on the voucher.
8.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
8.8 The gift voucher is transferable. The seller can fulfill their obligations to the respective holder who redeems the gift voucher in the seller's online shop with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.
9) Applicable Law, Jurisdiction
9.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships of the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive jurisdiction for all disputes arising from this contract shall be the residence of the customer.
9.2 If the customer acts as an entrepreneur, the exclusive jurisdiction for all disputes arising from this contract shall be the residence or business location of the seller.
