I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (eMotions media solutions gmbh) via the www.onceaweek.ch website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our product presentations on the Internet are non-binding and do not represent a binding offer for the conclusion of a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “ORDER” button, you are considered to have made a binding offer to us. When the order is placed using the “ORDER” button, your credit card will be billed as stated in the order form.
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days at latest via a textual confirmation (email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Payment via Paypal or Credit Card
In order to complete the payment you will be transferred to www.paypal.com. We never have access to your personal Paypal account information. Furthermore, we never store your credit card data. As soon as the payment is completed, you will be transferred back to our shop to finalise your purchase. Terms and conditions of Paypal apply for your transaction via Paypal
§ 4 Right of retention, reservation of proprietary rights, right of return
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) A right of return within 14 days of your order is only applicable, if the delivered goods are returned complete, unopened and without any traces of use.
(4) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The legal regulations apply.
(2) If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative and quantitative deviations, and to inform us in writing of apparent defects within a period of 7 days after receipt of the goods. The term limit shall be considered to have been complied with if a timely dispatch was executed. This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards). Warranty claims cannot be raised if the obligation to inspect and the obligation to give notice of defects are not fulfilled.
c) In case of defects, we honour the warranty in a manner of our choosing, i.e. either by rectifying the defects or delivering a replacement. If the defect rectification procedure fails twice, you can either demand a reduction or withdraw from the contract. In case of rectification of defects, we do not have to bear the increased costs that arise as a result of moving the product in question to a location other than the place of delivery, provided that the movement does not correspond to the intended use of the product.
d) The warranty period amounts to a period of one year after delivery of the product. The shortened warranty period does not apply in situations involving culpably caused damages that can be attributed to us and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit or contribution claims.
§ 6 Liability
(1) We assume full liability for damages associated with loss of life, injuries or health-related damages. We also assume full liability in all situations involving malice and gross negligence, situations involving fraudulent concealment of a defect, situations involving the take-over of the guarantee associated with the properties and condition of the object of purchase, situations involving damages corresponding to the product liability law and all other legally-regulated situations.
(2) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(3) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(4) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 7 Choice of law, place of fulfilment, jurisdiction
(1) Swiss law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Switzerland or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
eMotions media solutions gmbh
Phone: +41 (0)44 389 80 50
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 When it comes to enquiries that lie outside the context of the online shopping cart system, you receive all the contract data lying within the framework of a binding offer in an e-mail, which you can print out or save electronically.
4. Main features of the product or service
The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via the relevant button on our website or in the relevant item description, are separately specified during the ordering process and must be borne by you separately, unless a free delivery has been agreed upon.
5.3 The payment methods that are available to you are specified under a correspondingly-named button on our website, or in the respective product description.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 We deliver only to Switzerland and Fürstentum Lichtenstein. The delivery is carried out A-Post by swiss post on the next business day upon order. The costs for delivery are clearly stated during the order process within the online shop.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Law associated with liability for defects in goods
7.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard business terms (part I).
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
Our website may be used without entering personal information. Different rules may apply to certain services on our site, however, and are explained separately below. We collect personal information from you (e.g. name, address, email address, telephone number, etc.) in accordance with the provisions of German data protection statutes. Information is considered personal if it can be associated exclusively to a specific natural person. The legal framework for data protection may be found in the swiss Federal Data Protection Act and the Telemedia Act. The provisions below serve to provide information as to the manner, extent and purpose for collecting, using and processing personal information by the provider as stated above (II - Customer information)
Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.
Our website makes use of so-called cookies in order to recognize repeat use of our website by the same user/internet connection subscriber. Cookies are small text files that your internet browser downloads and stores on your computer. They are used to improve our website and services. In most cases these are so-called "session cookies" that are deleted once you leave our website.
To an extent, however, these cookies also pass along information used to automatically recognize you. Recognition occurs through an IP address saved to the cookies. The information thereby obtained is used to improve our services and to expedite your access to the website.
You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.
2. Server Data
For technical reasons, data such as the following, which your internet browser transmits to us or to our web space provider (so called server log files), is collected: - type and version of the browser you use - operating system - websites that linked you to our site (referrer URL) - websites that you visit - date and time of your visit - your Internet Protocol (IP) address. This anonymous data is stored separately from any personal information you may have provided, thereby making it impossible to connect it to any particular person. The data is used for statistical purposes in order to improve our website and services.
3. Purpose of Registering/Ordering system
We offer you the opportunity to sign up for our website. The information entered when signing up, as shown in the registration form
- First- and Lastname
- Billing address
- Delivery address
is collected and stored solely for use by our website. When signing up for our website, we also store your IP address and the date and time you registered. This serves to protect us in the event a third party improperly and without your knowledge makes use of your data to sign up for our site. None of this information is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.
4. Contacting Us
On our website we offer you the opportunity to contact us, either by email and/or by using a contact form. In such event, information provided by the user is stored for the purpose of facilitating communications with the user. No data is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.
5. Use of Google-Adwords
For purposes of promotion, our website also employs the Google ad tool "Google-Adwords". As part of this, our website employs the analysis service "Conversion-Tracking" from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google“. If you access our site by way of a Google ad, a cookie is placed on your computer. Cookies are small text files that your internet browser downloads and stores to your computer. These so-called "conversion cookies" cease to be active after 30 days and are not used to identify you personally. If you visit certain pages of our website while the cookie is still active, we and Google know that you, as user, have clicked on ads placed on Google and were redirected to our site. Google uses the information obtained through "conversion cookies" to compile statistics for our website. These statistics tell us the total number of users who have clicked on our ad as well as which pages of our site were then accessed by each user. However, neither we nor other advertisers who use "Google-Adwords" receive any kind of information that can be used to personally identify users. You can prevent the installation of "conversion cookies" by making the appropriate change to your browser settings, for example by setting your browser so that the automatic placement of cookies is deactivated or by blocking cookies from the domain "googleadservices.com“.
On the basis of the Federal Data Protection Act, you may contact us at no cost if you have questions relating to the collection, processing or use of your personal information, if you wish to request the correction, blocking or deletion of the same, or if you wish to cancel explicitly granted consent. Please note that you have the right to have incorrect data corrected or to have personal data deleted, where such claim is not barred by any legal obligation to retain this data.