General Terms and Conditions

Terms and Conditions

1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between Founders Passion (hereinafter referred to as “FP”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for physical products (hereinafter referred to as “products” or “goods”) purchased via our website founderspassion.ch (hereinafter referred to as “online shop” or “website”).

The website and online shop are operated by:

Founders Passion
Untere Breitestrasse 6
8340 Hinwil
Switzerland
+41 (0)79 751 51 33
simon@founderspassion.ch

Individual agreements concluded with the customer take precedence over these GTC. Conflicting terms and conditions of the customer are not recognised.

We reserve the right to change these GTC at any time. All changes will become effective upon publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is the date of submission of the binding order to us when purchasing a product.

Please read these GTC carefully before submitting a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our privacy policy and declare that you are authorised to conclude legally binding contracts and are at least 18 years old.

2. Conclusion of a Purchase Agreement
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the product in the online shop. FP expressly reserves the right to change the products themselves as well as the content, such as images, assortment, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on us.

The customer can place a binding order for the products they have selected via our online shop. The customer can place the products they select in the “shopping cart”. This does not constitute a binding order. An order is only deemed to have been bindingly placed when the customer clicks on the “Order with obligation to pay” button on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, recognise any input errors and correct them if necessary before submitting the binding final order.

An order confirmation will be sent to the customer automatically by e-mail. This confirmation e-mail contains the details of your order and our GTC accepted by you during the order process. The confirmation e-mail serves only as information that we have received your order. The automatic order confirmation does not constitute a purchase agreement. By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer.

After you have placed a binding order, FP is free to either accept the order at its own discretion or reject it by sending a corresponding notification by e-mail and without assuming any liability to you or third parties. Any payment already made will be refunded to you if the order is cancelled. Reasons for rejecting an order may include if a product is no longer available, if we cannot obtain authorisation for the customer’s payment or if there is reason to believe that the customer is acting in violation of these GTC, individual agreements, fraudulent or other criminal activities or for any other important reason.

Upon acceptance of the order, a binding purchase agreement is concluded with the customer. This acceptance takes place through the dispatch of the ordered goods.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and Reservation of Performance for Unavailable Products
All information about the availability of our products and the dispatch and delivery of our goods is preliminary information and approximate guidelines. They do not represent binding or guaranteed dispatch or delivery dates. Liability for unavailable goods or for delays in the dispatch or delivery of the goods is expressly excluded.

Our products are available while stocks last. If we discover during the processing of your order that the goods you have ordered are not available, we will inform you of this immediately. In this case, a contract for the unavailable goods will not be concluded, as the ordered goods cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.

4. Prices and Shipping Costs
Our products and prices correspond to those stated on the website. All prices are quoted in CHF (Swiss Francs) and include statutory value added tax (VAT). The total price of your order, including all ancillary and shipping costs and the VAT to be paid for the respective country, will be displayed at the end of the order process.

By placing a binding order, you declare that you agree to the total price for the products ordered. The price can no longer be adjusted after the binding order has been placed.

We reserve the right to change prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.

5. Terms of Payment/Credit Check
Orders are generally due for payment immediately.

The customer has the option of paying with the payment methods that are displayed on the website or during the order process. These may change from time to time and may also vary from country to country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those corresponding to the respective creditworthiness). FP is expressly authorised by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.

By choosing the payment method, the customer authorises the payment either by entering the credit card details or access data of a payment service provider. The customer authorises FP to collect or debit payments in the corresponding manner. Should chargebacks occur, FP is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, we are not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address data and to request authorisation from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, we reserve the right to cancel the order and stop the dispatch of the products. In this case, we will contact you immediately.

When paying by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, FP is entitled to charge its expenses for each reminder of at least CHF 20 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.

6. Terms of Delivery
Delivery is generally made via the delivery service of Swiss Post Ltd. For deliveries within Switzerland, the shipping costs are borne by the customer.

The goods that you order in our online shop and that are in stock will be delivered to you within 3-7 working days of receipt of full payment, depending on the destination.

If the products are marked as not in stock when ordering, FP will endeavour to deliver the goods as quickly as possible. FP makes every effort to comply with the stated delivery times. However, we are not responsible for delivery delays, regardless of their cause. We will inform you immediately of any delivery delays that occur.

If the impediment to performance lasts for more than 4 weeks after the original delivery date, the customer is entitled to cancel their order. Further claims, in particular claims for damages, are excluded.

Should the delivery of the goods fail due to the fault of the customer despite two delivery attempts, FP can withdraw from the contract. Any payments made will be refunded immediately.

7. Retention of Title
FP remains the owner of the delivered goods until they have been paid for in full.

8. Right of Withdrawal and Return
Requirements:

For all purchases of our goods via our online shop (with the exception of certain products; see the withdrawal restrictions below), you as a consumer have a right of withdrawal within 14 days of receipt of the goods without giving any reason. You can withdraw from the contract within 14 days of receipt of the goods or by a third party named by you who is not the carrier by returning the goods to us or sending us a clear declaration of withdrawal in text form (e.g. a letter or e-mail sent by post) about your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of withdrawal are handed over for return or dispatch to the post office or another transport company on the last day.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete, intact and in the original packaging. The goods plus the completed return slip must be sent back to our office:

Consequences of withdrawal:

If you withdraw from the contract, and if the goods are returned properly, we will refund the total price paid by you including delivery costs (with the exception of the costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest 14 days from the day on which we received the notification of your withdrawal from this contract or the goods have been received by us. The refund will be made using the original payment method and always to the associated account that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as we accept no liability in this regard.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the nature, properties and functionality of the goods.

Withdrawal restrictions:

The right of withdrawal is excluded for the following contracts:

Delivery of products that have been individually manufactured according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualised products);
if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.

9. Notification of Defects/Warranty
FP warrants that the goods correspond to the warranted properties and have no defects that impair their value or their suitability for the intended use.

After receiving the products, the customer must check them immediately for correctness, completeness and any damage. Errors or damage must be reported to us within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the product is deemed to have been approved and you are no longer entitled to assert claims against us.

The statutory warranty regulations apply to manufacturing defects/material or production defects. The warranty period is 2 years from receipt of the product. Products that have been damaged through the buyer’s own fault (e.g. bending, deforming or tearing products) are excluded from the warranty.

The customer’s warranty claims are limited to replacement delivery or rectification of defects/rework to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. We decide at our own discretion whether to provide a replacement delivery or rework. If subsequent delivery or rework fails, the customer is entitled to withdraw from the contract in the event of significant defects.

For the notification of complaints or service questions, please contact us using the contact information provided, stating the order number, customer number, a description of the error and other helpful information.

The defective product must be returned to the address of the goldsmith’s studio with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a package loss.

10. Registration for an Account
When registering a customer account, you can view information about your completed, open and recently dispatched orders and manage and save your address details, any payment details and any newsletter. As your data is saved, you do not have to enter it again when you make another purchase.

If you register for such an account, you are responsible for ensuring that your personal data required for registration is provided truthfully and completely. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorised third parties. We assure you that we will treat your data confidentially and not pass it on to unauthorised third parties. Further information on data protection can be found in our privacy policy at https://founderspassion.ch/datenschutz.

Registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to warn, block or delete or change the content of registered customers who violate these GTC or individual agreements.

We are not obliged to accept the registration or the order of a registered customer.

11. Complaints
We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided at the beginning. We endeavour to review your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have any complaints, please help us by telling us the exact problem or error signs and, if necessary, providing a copy of the order documents or at least stating the order number, customer number, etc. We endeavour to respond to you within 5 working days.

12. Liability
Founders Passion is liable for damages caused by unlawful intent or gross negligence and proven in the event of a breach of its own obligations under these Terms and Conditions and the contractual relationships based thereon. Liability for slight and moderate negligence, as well as for indirect and consequential damages, whether based on a contract, tort or any other reason, is expressly excluded. Indirect damages include, for example, loss of profit, financial losses, damage to reputation, damage caused by computer viruses or data loss due to temporary impairments or interruptions in the availability of FP’s services. Furthermore, we do not assume any contractual or non-contractual liability for damage caused by auxiliary persons called in to perform the service.

The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb and health caused directly by us, or in the event of mandatory statutory regulations, including the regulations of the Product Liability Act.

Subject to the foregoing, the total liability under these Terms and Conditions, regardless of the reason and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.

Event outside our sphere of influence:

In the event of an event that is beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfilment or delayed performance of any obligations under these Terms and Conditions and the contractual relationship based thereon. An event outside our sphere of influence exists, for example, in the following cases:

in the event of strikes, lockouts or other industrial action by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, motor vehicle routes or other means of public or private transport.

Should an event occur outside our sphere of influence which affects the fulfilment of our obligations within the contract, we will inform you of this as soon as possible.

13. Data protection
We collect and process personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy at https://founderspassion.ch/datenschutz, which forms an integral part of these terms and conditions.

14. Copyright
The information and content published on the website are protected by copyright and are the property of FP or the respective rights holder. The duplication, processing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. We and the corresponding rights holder expressly reserve all rights in this regard.

15. Severability clause
Should any of the provisions of these Terms and Conditions be or become unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be deemed to be replaced by an effective provision that takes into account the economic purpose of the provision and the will of the parties at the time of conclusion of the contract to the greatest extent possible. The same applies to any loopholes in these terms and conditions.

16. Applicable law and jurisdiction
These Terms and Conditions, the contractual relationships based thereon and any disputes shall be governed exclusively by substantive Swiss law, to the exclusion of conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons is the registered office of Founders Passion or the customer’s place of residence. The exclusive place of jurisdiction for legal entities is the registered office of FP.

These provisions apply only to the extent that there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these terms and conditions.