General Terms and Conditions (GTC) of Mirgg

1. Scope

The following General Terms and Conditions (GTC) apply to all orders via our website. The offer on this website is aimed exclusively at consumers residing in Switzerland (hereinafter "customer").

A consumer is a natural person who maintains business relationships with Mirgg that cannot be attributed to their commercial or self-employed professional activity. Orders in non-household quantities can be rejected without justification.

Mirgg reserves the right to change these terms and conditions at any time. The version of these General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order. Conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognised.

The operator of this website is Mirgg (>Link Imprint).

2. Information on this website

Mirgg  contains information about products and services. We reserve the right to make price and assortment changes as well as technical changes. All information onwww.mirgg.ch(Product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) serve as illustrations and are to be understood as approximate values and are non-binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. MIrgg makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clear, but Mirgg cannot guarantee this either expressly or tacitly.

All offers on this website are subject to change and are not to be understood as a binding offer.

Mirgg cannot guarantee that the products listed are available at the time the order is placed. Therefore, all information on availability and delivery times is not guaranteed and can change at any time and without notice.

3.Prices

The sales prices indicated on Mirgg represent final prices. The prices are net in Swiss francs (CHF).

Unless otherwise provided, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the ordering process.

Technical changes, errors and misprints are reserved, in particular  Mirgg can make price changes at any time and without prior notice. The sales prices do not include any consulting and support services.

4. Conclusion of contract

The products and prices on this website are non-binding offers.

With the order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. Mirgg then sends an automatic order confirmation email, which confirms that Mirgg has received the customer's offer. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.

The contract is concluded as soon as Mirgg sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.

Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Mirgg is entitled not to accept or execute the order or only partially. In such a case, Mirgg will inform the customer by email. If the customer's payment has already been received by Mirgg, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay.

5. Payment options and retention of title

The payment options specified in the ordering process are available to the customer.

Mirgg reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.

If the customer is in default of payment, Mirgg can charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder.

The products delivered to the customer remain the property of Mirgg until full payment has been made.

6. Delivery, obligation to check, notification of defects and return

Deliveries are sent by post or courier to the address indicated by the customer in the order.

Mirgg strives to keep delivery times as short as possible. However, any delivery periods specified in the order confirmation are non-binding. Mirgg is entitled to make partial deliveries. In this case, the customer will only be charged once for the shipping costs.

If delivery against invoice is offered, the invoice will be sent by email or by post at Mirgg's discretion.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, Mirgg can dissolve the contract after notifying the customer by email and observing a reasonable grace period and invoice the costs for the activities.

The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects for which Mirgg guarantees immediately in writing by letter or email to the address in the imprint (> link).

Returns to Mirgg are made at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address Imprint (>Link) specified by Mirgg.

If the inspection by Mirgg shows that the goods do not have any detectable defects or that they are not covered by the manufacturer's guarantee, Mirgg can charge the customer for the activities, the return shipment or any disposal.

7. Right of Withdrawal

The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation to Mirgg by email or letter (address as per imprint, >link) within the deadline. The revocation does not require justification.

Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address given by Mirgg in the imprint (>Link). Returns to Mirgg are made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if Mirgg has already received the goods back or the customer can provide proof of shipment.

Mirgg reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the loss of value from the purchase price already paid or to invoice the customer.

No right of withdrawal is granted in the following cases:

1. If the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no control;

2. If the subject of the contract is a moveable item which, due to its nature, is not suitable for return or can spoil quickly;

3. If the contract relates to a moveable item that is made to the customer's specifications or is clearly tailored to personal needs;

4. If the subject of the contract is digital content and this content is not made available on a hard disk or if the contract is to be performed in full by both parties immediately;

5. If the contract relates to a service and the contract must be fully performed by the provider with the prior express consent of the customer before the withdrawal period has expired. 

6. In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the provider undertakes, when concluding the contract, to provide the services at a specific time or within a specified period of time.

8.Warranty

Mirgg endeavors to deliver goods of impeccable quality. If defects are reported in good time, Mirgg assumes the warranty for the item purchased by the customer to be free of defects and functional for the statutory warranty period of usually two years from the date of delivery. It is at Mirgg's discretion to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.

Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the warranty.

It is not possible for Mirgg to provide any assurances or guarantees that the data is up-to-date, complete or correct, or that the website, its functions, integrated hyperlinks and other content will be available at all times or without interruption. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties that are not owned by Mirgg.

9.Liability

Mirgg excludes all liability, regardless of its legal basis, as well as claims for damages against Mirgg and against any auxiliary persons and vicarious agents. In particular, Mirgg is not liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage and pure financial loss of the customer. A further mandatory statutory liability remains reserved, for example for gross negligence or illegal intent.

Mirgg only uses hyperlinks to make it easier for the customer to access other websites. Mirgg can neither know the content of these websites in detail, nor assume liability or any other responsibility for the content of these websites.

10.Privacy

Mirgg may process and use the data recorded during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to perform the service can also be passed on to commissioned service partners (logistics partners) or other third parties.

The data protection regulations can be called up in detail under the following link: (>Link data protection)

11.Partial Invalidity

Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.

12.Other Provisions

Mirgg expressly reserves the right to change these General Terms and Conditions at any time and to put them into effect without prior notice.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is 6060 Sarnen von Mirgg or the place of residence of the consumer.

13.Contact

If you have any questions about these terms and conditions, please contact: (>Imprint)

 

(Release April 04, 2022)