General Terms and Conditions

1. Scope of application

The following General Terms and Conditions (GTC) apply to all business relationships arising from the online store between Abis Petite, ObereBrig-Gasse 111, 3902 Glis, Canton Wallais, Switzerland (hereinafter referred to as the “Seller”) and the Customer for all services arising from the aforementioned business relationship.

2. Technical requirements

  1. In order to use the website and the online store properly, the following requirements must be met:
  1. possession of a data communication device (computer, smartphone, tablet, etc.) on which an Internet browser is installed and correctly configured to receive the website in accordance with the manufacturer’s recommendations;
  2. access to the Internet;
  3. an active e-mail address;
  4. a program for displaying files in PDF format.
  1. The availability of the website may depend on the device used by the Customer to access the Internet, the data transmission packets held by the Customer, the programs used for Internet use and for electronic communication. 
  2. The Seller is not an Internet provider or provider of other publicly accessible telecommunications services. The Customer must obtain access to a computer workstation or other terminal device via which the functionality of the website can be used.
  3. To ensure the security of communications, the Seller shall take technical and organizational measures appropriate to the level of threat to the security of the website.
  4. At the Customer’s request, the Seller shall inform the Customer in a form chosen by the Customer about specific risks in connection with the use of electronically provided services.
  5. The website uses cookies to collect information related to the use of the website by the Customer. Detailed information about the cookies used on the website can be found in the Privacy Policy and the Cookie Policy.

3. Conclusion of the contract

  1. The product descriptions contained in the Seller’s online store are not binding offers to conclude a contract on the part of the Seller. They merely represent an invitation to the Customer to submit a binding offer.The Customer can initially place the products in the shopping cart without obligation and correct his entries at any time before sending his binding order by using the correction aids provided and explained for this purpose in the order process. By ordering the desired goods by clicking on the “Order and pay” button, the Customer submits a binding offer to conclude a purchase contract.
  2. A distance contract is deemed to be concluded at the moment the Seller accepts the electronic order form, which is confirmed by displaying a message to the Customer confirming acceptance of the order and indicating the order number.
  3. If we are unable to accept your offer, you will be informed that the product is not available instead of accepting the order. Any payments you have already made will be refunded immediately.
  4. We save the text of the contract. You will receive your order data and the General Terms and Conditions by e-mail. We will provide you with a copy of the order data on request.

4. Right of withdrawal

  1. You have the right to withdraw from this contract within 14 days without giving any reason.
  2. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In the case of a purchase contract for several goods which you have ordered as part of a single order and which we have delivered to you separately, the withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
  3. To exercise your right of withdrawal, you must inform us (Abis Petite, ObereBrig-Gasse 111, 3902 Glis, Canton Wallais, Switzerland, e-mail address: …, telephone: + 41 76 8233228) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
  4. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

  1. If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
  2. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
  3. Return addresses:

Abis Petite

ObereBrig-Gasse 111

3902 Glis

Canton Wallais

Switzerland.

  1. You bear the direct costs of returning the goods.
  2. 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 their condition, properties and functionality.

Exclusion of the right of withdrawal

  1. The right of withdrawal does not apply to contracts:
  1. Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  2. Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  1. Please handle the products with care while they are in your care.
  2. If possible, keep the original packaging, instructions and documents and use them for the possible return or collection of the product. Your statutory rights remain unaffected by this provision.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

To

Abis Petite

ObereBrig-Gasse 111

3902 Glis

Canton Wallais

Switzerland

Tel: + 41 76 8233228

E-mail: …

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*): ___________________________________________

Received on (*): ___________________________________________

Name of the consumer(s): ___________________________________________

Address of the consumer(s): ___________________________________________

Date: ___________________________________________

Signature of the consumer(s) [If revocation is not made by e-mail]

___________________________________________

(*) Please delete as applicable.

5. Prices and payments

The prices stated in the Seller’s online store are final prices (incl. VAT). 

  1. The Seller offers the following payment methods:
  1. Google Pay
  2. PayPal
  3. Payment card
  4. Traditional bank transfer
  5. Online bank transfer
  6. Payment on delivery
  7. If the payment method prepayment is selected, the Customer will be informed of the Seller’s bank details in the order confirmation. The goods will be delivered after receipt of payment.
  8. Delivery and shipping conditions
  1. The lead time for the order is between 1 and 10 working days from the date the contract is concluded.
  2. Deliveries are only possible within Switzerland.
  3. The Seller offers the following forms of delivery:
  4. …
  1. The total period for delivery of the goods to the Customer is made up of the date of dispatch and the date on which the goods are delivered by a courier company (at the Customer’s discretion). The estimated delivery time of the carrier will be indicated when the order is placed.
  2. Should circumstances arise that prevent the delivery deadline from being met, the Seller undertakes to inform the Customer immediately, stating the reason for the delay in delivery and the expected delivery date.
  3. The Seller shall issue the Customer with an electronic invoice (e-invoice) for the fulfillment of the contract. The invoice is stored in the Customer account and is also sent by e-mail to the Customer’s e-mail address provided to the Seller when registering the Customer account in the online store or when placing the order. At the Customer’s request, the invoice can be printed out and attached to the delivered order in paper form.

7. Scope of the services provided via the website

  1. The website enables the Customer to use the following electronically provided services:
  1. Register and log in to the Customer account,
  2. Access to the account by the registered Customer,
  3. Management of the personal data provided when registering and using the account,
  4. Obtaining information about the goods offered in the online store,
  5. Orders for goods offered in the Internet store,
  6. Conclusion of a contract via the Internet store,
  7. the storage of information on transactions carried out (contracts concluded),
  8. Access to electronic invoices via a registered account,
  9. Ordering a newsletter service via the website,
  10. the publication of opinions about the goods and services offered on the website.
  1. Consent to these terms and conditions is given when the account is registered or when a contract is concluded without registration. The consent referred to in the preceding sentence is tantamount to full acceptance of the General Terms and Conditions.
  2. Contracts are concluded and fulfilled in English.
  3. The Seller reserves the right to withdraw or modify certain services or functions of the Website for any reason, as well as to temporarily suspend the operation of the Website, e.g. due to maintenance work associated with the modification of the Website services, of which it will inform the Customers each time.
  4. The Seller reserves the right to change the technical manner of providing services or the functionality of the Website in accordance with the scope and conditions resulting from its technical capabilities, without deteriorating the quality of the services or functionality and without affecting the scope of the rights and obligations of the Parties.
  5. The website enables the use of the services and the placing of orders 24 hours a day, 7 days a week, except during periods of technical interruptions and maintenance work. Any technical interruptions and maintenance work will be carried out as far as possible during the night. The homepage of the website always contains information about planned interruptions to the website.

8. Registration of an account

  1. When registering an account on the Website, the Customer is obliged to provide truthful and up-to-date data that is not misleading and does not infringe the rights of third parties. The Customer is solely responsible for providing data that does not comply with the conditions of the previous sentence.
  2. The Customer is required to register an account on the website:
  1. complete the electronic registration form and provide the following information: First and last name, address, telephone number, e-mail address, login and password, and in the case of entrepreneurs and also the company name and tax identification number;
  2. to read the Privacy Policy and these General Terms and Conditions;
  3. check the box “Terms of use and data protection”;
  4. click on the “Create account” button.
  1. The login is specified by the Customer’s e-maill address.
  2. When registering the account, the Customer can (optionally) agree to receive commercial information from the Seller by electronic means (mailing) and by SMS for marketing purposes.
  3. At the time of registration of the Customer account, a contract is concluded between the parties for the provision of services by electronic means. The contract relates to the possibility of using the services offered via the website and does not provide for any payments. The contract is concluded for an indefinite period and may be terminated by the Customer at any time by deleting the account.
  4. The Customer shall be liable for the content of the data provided by him/her during registration and for any subsequent changes thereto, as well as for any infringement of third-party rights in connection with the data entered.

9. Deletion of the Customer account

  1. The Customer can delete his/her account on the website at any time and for any reason by sending an e-mail to the address of the Seller ….
  2. The Seller may delete the Customer’s account in the event of termination of the provision of services with a notice period of 1 month on the basis of a declaration by the Seller in the form of a message sent to the Customer’s e-mail address specified in the Customer account.
  3. The deletion of the Customer account is tantamount to the termination of the contract for the provision of services by electronic means.

10. Reservation of title

The goods remain our property until full payment has been made. 

11. Transportation damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

12. Intellectual property rights

  1. The content and structure of the website are protected by copyright.
  2. Unless the provisions of these General Terms and Conditions provide otherwise, the rights to all content available on the Website, in particular to the proprietary and non-proprietary copyrights to works within the meaning of the Swiss Copyright and Related Rights Act, to licenses for proprietary copyrights, to trademarks within the meaning of the Industrial Property Rights Act and to other legally protected intellectual property rights, are held by the Seller or by companies with which the Seller has entered into corresponding agreements.
  3. The reproduction of the contents, in particular the use of the texts posted on the website, as well as their fragments or photos, is prohibited without the consent of the Seller.
  4. The materials published on the website may only be copied, stored or used for personal (non-commercial) use. Any distribution of copied materials, including publication on other websites, is not permitted.
  5. The reproduction and use of the contents of the website for commercial purposes requires the express written consent of the Seller under penalty of nullity. Commercial use is primarily understood to mean distribution, including: publication, distribution, reproduction, modification of the materials in whole or in part.

13. Warranty

  1. Unless otherwise stipulated by law, warranty periods of all kinds shall commence at the latest upon delivery or provision of the service to the Customer.
  2. The Customer is entitled to the statutory warranty rights.
  3. The Customer must give the Seller the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. 
  4. Warranty claims can be asserted within 2 years of the transfer of risk. 
  5. In the event of a replacement delivery, the Customer must return the defective goods in accordance with the statutory provisions.
  6. The Seller is entitled to refuse the type of subsequent performance chosen by the Customer if this is associated with disproportionate costs. This is particularly the case if the costs of subsequent performance exceed the value of the goods if they were free of defects or the costs of subsequent performance exceed the amount by which the defect reduces the value of the goods or the type of subsequent performance other than that chosen by the Customer is more favorable and does not entail any significant disadvantages for the Customer. In this case, the Customer’s warranty claim shall be limited to the other type of subsequent performance. If the other type of subsequent performance is also associated with disproportionate costs, the Seller may refuse subsequent performance altogether.
  7. Warranty claims by the Customer are excluded if the defect is due to improper use for which the Customer is responsible. The Seller accepts no liability for services provided by external companies commissioned by the Customer. Liability is excluded in particular for damage caused by improper use, despite perfect care instructions for the goods. 
  8. Claims by the Customer for defects caused by natural wear and tear, improper use or improper handling are excluded.

14. Liability

The Customer’s rights in the event of material defects and defects of title are governed by the statutory provisions. However, the Seller is not liable for descriptions published by third parties, in particular by Customers in the context of Customer reviews in our online store.

15. Newsletter

  1. The Seller offers the Customer an electronically provided service consisting of the sending of a newsletter. The newsletter is hosted by MailerLite. You can find legal notice and terms of use here.
  2. The newsletter service consists of the Seller sending information with content related to the Seller’s activity, including commercial information, free of charge to the e-mail address provided by the Customer.
  3. The Customer can subscribe to the newsletter service via the website. Subscription to the newsletter is tantamount to consent to the processing of personal data for the purpose of receiving the newsletter.
  4. The graphic elements and the content of the messages sent as part of the newsletter service are subject to copyright or other rights to which the Customer or third parties are entitled and which are protected by law. Reproduction or use of this content in any way other than for personal use may be considered an infringement of the rights to which these persons are entitled.
  5. The Seller may use the services of third parties (subcontractors) to send the newsletter.
  6. The newsletter service is offered for an indefinite period.
  7. The Customer can unsubscribe from the newsletter service at any time by sending an e-mail to the Seller at the e-mail address ….
  8. By canceling or unsubscribing from the newsletter service, the Seller will stop sending the newsletter to the Customer.
  9. The Customer can subscribe to the newsletter service again at any time.

16. Data protection

  1. The Seller undertakes to protect the privacy of all persons who make purchases from him and to treat their personal data confidentially. This is based on the applicable statutory provisions, such as the Swiss Data Protection Act (DSG). 
  2. The Seller will use the data exclusively for the purpose of fulfilling the contract concluded with the Customer. Any further use of the data collected, e.g. for advertising purposes, will not take place without the Customer’s consent.
  3. The Seller is obliged to take sufficient technical and organizational measures to protect the data before processing the data. These measures shall protect the data in particular against unauthorized disclosure or prohibited access and against all other unlawful forms of processing.
  4. The data is processed exclusively in Switzerland.
  5. In the case of commissioned data processing for the Seller by a third party, the Seller is obliged to select a processor who can guarantee technical and organizational protection in accordance with this section “Data Protection”. 
  6. The Seller shall grant the data subjects whose data are transmitted to him or to which he has access the right to inspect, correct and delete them.
  7. In addition, the Seller’s data protection provisions apply, which can be found in the privacy policy.

17. Applicable law and place of jurisdiction

The law of the Swiss Confederation shall apply to all legal relationships between the parties.

18. Force majeure events

  1. The store is not liable for late delivery of the product if the order is not fulfilled
  2. for reasons beyond its control and which it was unable to prevent despite exercising due care (force majeure).
  3. Force majeure shall include in particular Natural disasters, states of war, accidents at the Seller’s or manufacturer’s premises with a direct effect on the restriction of the scope of operations, breakdowns of a considerable extent, strikes, acts of terrorism and decisions by the competent authorities concerning the restriction of production or the possibility of selling the products.
  4. The Seller must inform the buyer immediately of the possibility of a delay in delivery of the goods due to “force majeure”.
  5. If the delay in delivery is expected to exceed 30 days, either party shall have the right to terminate the contract by notifying the other party by e-mail without the notice periods applying.
  6. The termination of the contract in accordance with paragraph 4 shall not affect the validity of the part of the contract that was fulfilled before the occurrence of “force majeure”.

19. Communication

If you use this website, you accept that communication with us mainly by electronic means. We will contact you by e-mail or by phone.

For contractual purposes, you consent to this form of electronic communication and hereby confirm that all contracts, notices, information and other communications that we make available to you in electronic form as fulfilment the legal requirement that these notifications must be made in writing, are to be regarded. Your statutory rights remain unaffected by this clause.

20. Final provisions

  1. None of the provisions serve to restrict the statutory rights of the consumer.
  2. The invalidity of individual provisions of the contract concluded between the Seller and the Customer, including these GTC, shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective provisions that come as close as possible to the intended economic purpose of the ineffective provisions. This applies accordingly in the event of loopholes in the contract.
  3. The Seller reserves the right to change the conditions. Registered users will be informed of the planned change by e-mail at least 7 days in advance.
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