Terms and conditions

General Terms and Conditions (GTC) of Trachsel Plant Art

Scope of application

The following General Terms and Conditions (GTC) apply to all orders placed via our website.
The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter referred to as the "Customer").
A consumer is a natural person who maintains business relations with Trachsel  Plant Art, which can be assigned neither to his commercial nor his independent professional activity. Orders in quantities that are not customary for a household may be rejected without justification.
Trachsel Plant Art reserves the right to change these GTC at any time. The version of these GTC in force at the time of the order shall apply and may not be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.
The operator of this website is Trachsel  Plant Art (contact).

Information on this website

Trachsel Plant Art contains information about products and services. Prices, assortment and technical changes are subject to change without notice. All information on www.plantart.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Trachsel Plant Art makes every effort to ensure that all details and information on this website are correct, complete, up to date and clearly arranged, but Trachsel Plant Art can neither expressly nor implicitly guarantee this.
All offers on this website are subject to change and are not to be understood as a binding offer.
Trachsel Plant Art cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time without notice.

Prices

The sales prices stated on Trachsel Plant Art represent final prices and include, unless otherwise noted, the statutory value-added tax and any other statutory charges such as advance recycling fees (VRG) or copyright levies for electronic equipment. Prices are quoted net in Swiss francs (CHF).

Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.
Trachsel Plant Art reserves the right to make technical changes, errors and misprints. In particular, Trachsel Plant Art may change prices at any time without prior notice. Consulting and support services are not included in the sales prices.

Conclusion of contract

The products and prices on this website are non-binding offers.
By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Trachsel  Plant Art then sends an automatic order confirmation by email, which confirms that Trachsel Plant Art has received the customer's offer. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as Trachsel Plant Art sends a declaration of acceptance by email, in which the shipment of the ordered products or services is confirmed.
Orders will only be shipped after receipt of payment in full (exception: delivery against invoice) and provided that the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Trachsel  Plant Art shall be entitled not to accept or to execute the order or to accept it only in part. In such a case Trachsel  Plant Art will inform the customer by email. If the customer's payment has already been received by Trachsel  Plant Art, the payment will be refunded to the customer. If no payment has yet been made, the customer shall be released from the obligation to pay.

Payment options and retention of title

The customer may use the payment options specified in the order process.
Trachsel Plant Art reserves the right to exclude customers from individual payment options without giving reasons or to insist on advance payment.
Trachsel Plant Art may charge default interest of 5% per year and a reminder fee of maximum CHF 20 per reminder if the customer is in default of payment.
The products delivered to the customer shall remain the property of Trachsel Plant Art until payment has been made in full.

Delivery, obligation to inspect, notification of defects and return.

Deliveries are sent by mail or courier service to the address specified by the customer in the order.
Trachsel Plant Art endeavors to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation shall not be binding. Trachsel Plant Art shall be entitled to make partial deliveries. In this case, the shipping costs shall be charged to the customer only once.
The dispatch of the invoice, insofar as delivery against invoice is offered, shall be effected at the discretion of Trachsel Plant Art by email or by post.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Trachsel Plant Art shall be entitled to terminate the contract after notifying the customer by email and granting a reasonable period of grace, and to charge the customer for the costs of the handling.
The customer shall be obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify Trachsel Plant Art without delay in writing by letter or email to the address under Contact of any defects for which Trachsel Plant Art provides a warranty.
Return shipments to Trachsel Plant Art shall be at the expense and risk of the customer. The customer shall send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address given by Trachsel  Plant Art under Contact. 

If the inspection by Trachsel Plant Art reveals that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, Trachsel Plant Art may charge the customer for the effort involved in returning the goods or for any disposal.

Right of withdrawal

There is no right of withdrawal.

Warranty

Trachsel Plant Art endeavors to deliver goods in perfect quality. In the event of defects notified in good time, Trachsel  Plant Art shall warrant that the item purchased by the customer is free of defects and functional during the statutory warranty period, which is generally two years from the date of delivery. It is at the discretion of Trachsel Plant Art to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties, or defects attributable to external circumstances. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is excluded.

Trachsel Plant Art is not able to provide any assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by Trachsel Plant Art.

Liability

Trachsel Plant Art excludes all liability, irrespective of its legal basis, as well as claims for damages against Trachsel Plant Art and against any auxiliary persons and vicarious agents. In particular, Trachsel Plant Art shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.
Trachsel Plant Art uses hyperlinks only for the simplified access of the customer to other web offers. Trachsel Plant Art can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.

Data protection

Trachsel Plant Art may process and use the data recorded in the course of concluding the contract for the purpose of fulfilling the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection regulations are available in detail under the following link: Data Protection
Partial invalidity
Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

Further provisions

Trachsel Plant Art expressly reserves the right to change these GTC at any time and to put them into effect without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich or the domicile of the consumer.

Contact

If you have any questions about these terms and conditions, please contact us.
(Version 28 September 2023)