General terms and conditions of contracts (GTC)

The provisions of these General Terms and Conditions which should be particularly highlighted are printed in bold type.

1. Scope of application of the General Terms and Conditions and conclusion of the contract

1.1 These general terms and conditions of contracts (GTC) are applicable to sales contracts concluded with private customers and companies via the supplier's website.

1.2 The supplier will confirm the order. The contract is deemed concluded as soon as the buyer receives confirmation. If confirmation is not received within a reasonable timeframe, the buyer should consider this a rejection of the order and is then entitled to conclude the contract with another supplier.

1.3     These General Terms and Conditions also apply to distance contracts concluded, for example, by telephone, fax, or mail. They will be sent to the customer in writing, along with the order confirmation. If a customer, having been informed of these General Terms and Conditions, does not agree with them, they may exercise their right to withdraw from the contract (see section 5.3).

2. Prices and special offers

2.1 Prices are quoted in CHF and/or Euro. Advance recycling fees are included in the price. The quoted price is not subject to Swiss value-added tax.
Processing and shipping costs are charged separately .

Foreign customers are responsible for value added tax and other taxes/customs fees applicable in their countries.

2.2 The supplier reserves the right to change prices at any time. The prices applicable to the customer are those displayed on the website at the time of the order.

2.3 The conditions applicable to actions and discounts can be downloaded under the information section.

3. Delivery conditions

3.1 Normally, delivery takes place within 5-7 working days. If a longer delivery time is required, the customer will be informed no later than the end of this period. If no notification is received, the customer is entitled to cancel the delivery.

4. Right to revoke and terminate the contract

4.1 In accordance with the EU Distance Selling Directive, consumers may withdraw from the purchase contract within 7 days without giving any reason and without incurring any penalty. This right may be exercised from the day the goods are delivered to the consumer. The customer may return any goods already delivered at their own expense. The supplier will refund all sums already paid in advance.

4.2 If a customer withdraws from the contract due to late delivery of goods or a defect in the goods or for other reasons for which the supplier is responsible, the supplier must reimburse the customer for amounts already paid as well as the costs of returning the goods.

5. Liability and Guarantee

5.1 The buyer is required to inspect the goods immediately and notify the seller without delay of any defects found. Customer service can be contacted by email at info@sousa-shop.ch . Hidden defects may be reported even after the goods have been put into service or used.

5.2 In the event of a defect, the buyer may, at their option, withdraw from the contract or demand a replacement delivery. The buyer's right to claim damages remains excluded.

6. Payment

6.1 Payment is made without VAT being charged. The customer can choose between the following payment methods:

    • Cash in CHF, on the day of taking possession of the goods (by appointment).
    • Upon confirmation of the order, receipt of the bank transfer triggers delivery.
    • Debit and credit cards are not accepted at this time.

7. Responsibility for online connections

    7.1 The supplier undertakes to ensure the security, in accordance with current technical standards, of all systems, programs or other things belonging to it or over which it has some influence; it also undertakes to comply with the rules regarding data protection.

    7.2 Customers are responsible for ensuring the security of the programs, systems, and data within their control. For their own protection, customers should not disclose their passwords and usernames to third parties.

    7.3 The supplier is not liable for defects and malfunctions for which it is not responsible; in particular, it is not liable for safety defects and operational failures caused by third-party companies with which it collaborates or on which it depends.

    7.4 On the other hand, the supplier is not liable for cases of force majeure, inappropriate behavior and failure to observe risks by customers or third parties, excessive demands, inadequate operating means of the customer or third parties, extreme cases of pollution, damage caused by the customer or third parties (viruses, worms, etc.) which may occur even if it has taken all security measures in accordance with the current state of the art.

    8. Applicable Law and Jurisdiction

    8.1 These General Terms and Conditions are governed by Swiss law, in particular by the provisions of the Swiss Code of Obligations. The supplier reserves the right to amend these General Terms and Conditions at any time.

    8.2 As prescribed by Articles 21 and 22 of the Jurisdiction Act: complaints from a customer must be filed with the court of the domicile or registered office of one of the parties. For complaints from the supplier, only the court of the defendant's domicile has jurisdiction.

    As prescribed by the Lugano Convention, foreign customers may, at their discretion, bring an action before the courts of their domicile or the supplier's registered office. When the supplier files a complaint against the customer, the courts of the customer's domicile have jurisdiction.