Terms and Conditions (GTC)
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Differing conditions from the customer will not be recognized unless the seller has expressly agreed to them in writing.
2.3 The customer has the option of submitting the offer via the online order form integrated in the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, he or she submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that finalizes the ordering process.
2.4 After sending the offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded. The seller sends the contract text to the customer in text form (e.g. by email or letter) after sending the order. There is no additional provision of the contract text by the seller.
2.5 Before bindingly submitting the order via the Seller's online order form, the Customer has the opportunity to identify potential input errors by carefully reading the information displayed on the screen. An effective technical method to better detect input errors could be the browser's magnification function, which can be used to enlarge the screen display. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.6 The processing of orders and communication usually takes place via email and automated processes. The customer is responsible for ensuring that the email address they provide for order processing is correct and that emails sent by the seller can be received at this address. In particular, the customer must ensure that SPAM filters, if used, enable the delivery of all emails sent by the seller or third parties commissioned by the seller as part of order processing.
3. Prices and payment terms
3.1 All prices are in Swiss francs including VAT.
3.2 The goods remain the property of the seller until full payment has been made.
3.3 Unless otherwise stated in the seller's product description, the prices stated are total prices, including statutory sales tax. Any additional delivery and shipping costs will be shown separately in the respective product description.
3.4 The available payment options are communicated to the customer in the seller's online shop.
3.5 If you select a payment method that is offered via the “PayPal” payment service, the payment will be processed via PayPal. PayPal may also use the services of third-party payment service providers if necessary. If the seller offers payment methods in which he makes advance payment to the customer (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or the payment service provider commissioned by PayPal and named by the customer. Before accepting the seller's declaration of assignment, PayPal or the commissioned payment service provider carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result.
3.6 If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, a debt-discharging service is only possible towards PayPal or the payment service provider commissioned by PayPal. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, such as goods, delivery times, shipping, complaints, returns, cancellation declarations and shipments or credit notes.
3.7 If you select a payment method that is offered via the payment service “Shopify Payments”, the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”) . The available payment methods via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may also use other payment services to process payments, to which special payment conditions may apply, to which the customer may be informed separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de .
4.5 If delivery of the goods fails due to reasons for which the customer is responsible, the customer will bear the resulting reasonable costs for the seller. This does not apply to the shipping costs if the customer effectively exercises the right of withdrawal. The regulations set out in the seller's cancellation policy apply to the return costs. In the event of cancellation, the customer bears the direct costs of returning the goods. See also the right of withdrawal.
4.6 If there are delays in delivery, we will inform the customer immediately. In this case, the customer has the right to withdraw from the purchase contract. Payments already made will be refunded to the customer immediately using the payment method specified at the time of purchase, unless otherwise agreed.
4.7 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller hands over the goods to the freight forwarder, freight carrier or another person or institution designated to carry out the shipment has. For consumers, the risk is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk is also transferred to the customer for consumers if the seller has handed over the goods to the freight forwarder, freight carrier or another person or institution designated to carry out the shipment and the customer has handed over the goods to the freight forwarder, freight carrier or other person to carry out the shipment has commissioned a specific person or institution, provided that the seller has not previously named this person or institution to the customer.
4.8 The seller reserves the right to withdraw from the contract if self-delivery is not carried out properly or correctly. However, this is only the case if the non-delivery is not the fault of the seller and the seller has taken due care and concluded a specific cover transaction with the supplier. The seller will make all reasonable efforts to procure the goods. If the goods are not available or are only partially available, the customer will be informed immediately and any consideration will be refunded immediately.
4.9 Due to logistical reasons, self-collection is not possible.
5.2 Entrepreneurs are not granted a voluntary right of withdrawal.
6.3 Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. However, the following regulations apply to contracts for the delivery of goods:
6.4 If the customer is an entrepreneur:
- The seller has the choice of the type of supplementary performance.
- For used goods, rights and claims due to defects are excluded.
- The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
6.5 No liability is accepted for slightly negligent breaches of duty, unless they involve essential contractual obligations, damage to life, body or health occurs or guarantees are breached. Claims under the Product Liability Act remain unaffected by this.
6.6 The above limitations of liability and shortening of deadlines do not apply in the following cases:
- The customer’s claims for damages and reimbursement of expenses.
- If the seller has fraudulently concealed the defect.
- For goods that were used for a building in accordance with their normal use and caused its defects.
- If there is an existing obligation on the part of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.
6.7 For entrepreneurs, the statutory limitation periods for any legal recourse claims remain unaffected.
6.8 If the customer is a consumer, he is asked to complain about the goods to the deliverer if there is obvious transport damage and to inform the seller about this. Failure to make a complaint has no impact on the customer's legal or contractual claims for defects.
7. Data protection 7.1 Personal data will be treated in accordance with our data protection declaration.
7.2 The seller treats the customer's personal data confidentially and in accordance with statutory data protection regulations. Detailed information can be found in the seller's privacy policy on the website.
7.4 By using our website, the buyer agrees to the use of cookies in accordance with our privacy policy. Cookies are used to improve user experience and collect anonymized data for analytics purposes. Customers can refuse or restrict the use of cookies in their browser settings at any time. Further information can be found in our data protection declaration.
8. Retention of title
8.1 The goods on urbanwheelz.ch remain our property until full payment.
9. Promotional vouchers
9.1 Vouchers that are issued by the seller free of charge as part of promotions with a set period of validity and cannot be purchased (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2 Individual products may be excluded from the voucher campaign if this is clear from the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
9.4 Multiple promotional vouchers can be redeemed with one order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded.
9.6 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 pay the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor interest.
9.8 If the goods paid for in whole or in part with the promotional voucher are returned within the scope of the statutory right of withdrawal, the promotional voucher amount will not be refunded.
9.9 The promotional voucher is only intended for the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10. Dispute Resolution and Place of Jurisdiction
10.1 All disputes in connection with these General Terms and Conditions or the contractual relationships between UrbanUnity GmbH and the customer will be resolved primarily through negotiations.
10.2 If no agreement is reached, the court at the registered office of UrbanUnity GmbH has exclusive jurisdiction, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
10.3 UrbanUnity GmbH, however, reserves the right to assert claims at the customer's general place of jurisdiction.
11 Applicable Law
For all legal matters in connection with these General Terms and Conditions and the contractual relationships between UrbanUnity GmbH and the customer, Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12 contact information
If you have any questions or complaints, the customer can contact us using the contact form.
13 Severability clause
If individual provisions of these General Terms and Conditions are or become ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected.