General Terms and Conditions (GTC) as of 02 April 2024
Subject matter and application of the GTC
These General Terms and Conditions (hereinafter referred to as GTC) govern the relationship between Sportbenzin GmbH (hereinafter referred to as Sportbenzin GmbH) and the customer (hereinafter referred to as customer). These GTC are part of every contract between Sportbenzin GmbH and the customer.
Conclusion of contract
The contract is concluded with the acceptance of your order. In cases of obvious typing or calculation errors, Sportbenzin GmbH is entitled to withdraw from the contract.
The presentation of the products in the online shop is not a legally binding application, but only represents a non-binding online catalogue. If you merely place products in the "shopping basket", this does not constitute a binding order. You do not place a binding order for the products in the shopping basket until you click on the "Order" button on the order page. We will then immediately send you a contract confirmation by e-mail, upon receipt of which the contract is concluded.
Please check your entries. You can delete individual products by clicking on the trash can button or adjust the quantity accordingly.
Products Offer
All information on the goods which the customer receives during the ordering process is non-binding. Errors in description, illustration, product allocation and pricing are excepted. All information on the individual goods is based on the manufacturer's specifications and is binding within this framework.
Prices
Prices are shown in Swiss francs (CHF) for Switzerland and in euros (EUR) for the EU and include the statutory value added tax.
Terms of payment
You have the following options for paying our invoices:
Postfinance: When paying by Postfinance, Twint, Postcard, Visa or Mastercard, the customer undertakes to pay the purchase price immediately after conclusion of the contract.
Paypal: When paying by Paypal, the customer undertakes to pay the purchase price immediately after conclusion of the contract.
Prepayment: In the case of prepayment, the amount can be transferred to the account below:
Bank account Switzerland (Swiss Francs):
UBS Switzerland AG
Bahnhofstrasse 45
8098 Zürich
Schweiz
SWIFT/BIC UBSWCHZH80A
IBAN: CH710020820813792201Y
Invoice: Purchase on invoice with instalment facility (PowerPay)
MF Group / PowerPay offers the payment method "Payment by invoice" as an external payment service provider. With the order invoice, you can simply pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When the purchase contract is concluded, PowerPay takes over the invoice claim that has arisen and handles the corresponding payment modalities. In the case of purchase on account, you accept, in addition to our General Terms and Conditions, those of PowerPay. (powerpay.ch/en/agb).
All catalogue prices are guideline prices that are continuously adjusted to the market. They are quoted in Swiss francs (CHF) or euros (EUR), unpacked, unstamped ex warehouse. Transport and packaging costs are charged separately. Our information on goods and prices during the ordering process is non-binding.
Terms of delivery
The delivery of the products on sportbenzin.ch takes place exclusively in Switzerland and Liechtenstein. Products on sportbenzin.com can be shipped to anywhere in Europe.
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates are subject to the timely delivery of the suppliers and manufacturers.
Shipping costs
Parcels are sent by Swiss Post with PostPac Priority (A-Post).
The following low-quantity surcharges apply to shipping
1. for collection:no minimum quantity surcharges
2. private customers
Value of goods Minimum quantity surcharges
0 - 60 CHF 8.90 CHF
From 60 CHF No surcharge
3. business customers
Flat rate 8.50 CHF
Retention of title
The delivered goods remain the property of the seller until full payment has been made. The latter is entitled to make a corresponding entry in the retention of title register. If the customer defaults on payment of the purchase price, the seller is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.
Right of withdrawal
The customer has the right within a period of 14 days to revoke the conclusion of the contract without giving reasons and to return the goods. The revocation must be sent within 14 days of receipt of the goods (timely dispatch is decisive) to the address: Sportbenzin GmbH, Neugutstrasse 2, 7208 Malans. In the Euro area to Sportbenzin GmbH, Barnabas-Fink-Strasse 4, AT-6845 Hohenems.
The right of withdrawal begins with the receipt of the goods by the customer. The customer shall also bear the costs of the return shipment. If the customer has returned the goods in due time and form, he/she will receive a credit note from the seller or his/her sales partner or, on request, a replacement delivery. The customer shall pay compensation for the value of opened and used products.
We reserve the right to charge you the additional costs incurred for returns sent freight collect.
Complaints
Complaints must be made in writing within 14 days of receipt of the goods by the customer. In the case of defects within the warranty period, the customer must return the product with the original purchase receipt and a precise description of the defects to the Sportbenzin GmbH Customer Service Department immediately after becoming aware of the defect. When returning the product, it must arrive at Sportbenzin GmbH either in the original packaging or in perfect packaging. If you provide us with evidence of defects in delivered goods, we will either pay for the rectification of the defect or the replacement delivery. If we do not succeed in doing so, you have the right, at your option, to cancel the purchase of the products complained about or to reduce the purchase price.
Intellectual property
Sportbenzin GmbH reserves all rights to the design and graphics on its website. The processing, reproduction or distribution of all or part of this website is permitted only for the purpose of placing an order with the seller. All trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. Sportbenzin GmbH reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of Sportbenzin GmbH before passing them on to third parties.
Severability clause
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In the event of the initial or future invalidity, nullity or unenforceability of one or more provisions of these GTC, such provision(s) shall be replaced by a valid provision(s) which comes as close as possible to the commercial intent and purpose of the invalid provision(s). The same procedure shall be followed if one or more loopholes in these GTC become apparent.
Place of jurisdiction and applicable law
The provisions of Swiss law shall apply, even if orders are placed from abroad or deliveries are made abroad. The place of performance and exclusive place of jurisdiction is Chur. We are also entitled to take legal action at your general place of jurisdiction.
Final provisions
For the sale of goods specified in the online shop, the GTC in the version valid at the time of the respective conclusion of the contract shall apply exclusively. These terms and conditions shall apply in particular even if they should differ from those of the customer. Furthermore, the seller reserves the right to change these general terms and conditions at any time.
Sportbenzin GmbH
Schiers, 02 February 2024