1. General, Scope of Application
The General Terms and Conditions ("GTC") apply to all over the online shop of the Vikarus GmbH (“Vikarus”) transacted orders and concluded contracts (“Order”). Vikarus reserves the right to change the GTC. Binding to an Order is the version of the GTC that was valid at the time of the Order, which cannot be changed unilaterally for this order, is determining.
The offer is directed at natural persons of legal age with residence or legal entities with registered office in Switzerland ("Customers"). Deliveries will only be made to addresses in Switzerland. The offer is valid while it is visible in the online shop and/or while stocks last. Prices and product range are subject to change at any time. The images shown in the online store and all information about the products are for illustrative purposes only and are not binding.
The prices are in Swiss francs, including value-added tax (VAT). The price in the online store at time of Order is decisive.
The presentation of products in the online shop is not a legally binding offer, but a non-binding online catalog or non-binding invitation for the Customers to order the product in the online shop. An Order is valid as an offer to Vikarus for the conclusion of a sales contract. After submitting the Order, the Customers automatically receive a confirmation by email. Vikarus is free to reject orders, in whole or in part, without giving reasons. In case of rejection, the Customers will be informed, and any payments already made will be refunded. Other claims are excluded, in particular, non-deliverable products will not be resent. Temporarily non-deliverable products cannot be reserved. Possible pre-orders are accepted for selected products marked accordingly by Vikarus. In the case of pre-orders, the estimated delivery dates mentioned in the confirmation of receipt are applicable, which can be subject to change.
5. Payment Methods
Payments must be made in Swiss francs. Credit cards and Twint are accepted as payment methods. The available payment methods are displayed in the online shop. The debit is made immediately. Payment by invoice is not possible.
6. Conclusion of Contract
A contract is only concluded upon processing the Order in Vikarus' logistics center. Once the Order is shipped, the Customers receive a shipping confirmation by email.
Deliveries are made through Vinolog (special postal service). Delivery is usually made within five working days. The delivery address of the Customers must be in Switzerland. No deliveries are made on weekends and official national or cantonal holidays. If the Customers are not present at the time of delivery and have not given any special delivery instructions, the delivery person will leave a collection invitation in the mailbox. The Customers must then pick up the delivery at the appropriate post office. Any Order that is not collected within the specified periods cannot be stored or refunded. The Customers are solely responsible for Orders collected late, and any warranty claims are excluded. The Customers are requested to confirm their collection by signing. Any liability for damages arising to the Customers from loss, theft, misuse, etc. in connection with the collection process or the collection slip is expressly excluded. The Customers assume responsibility for the delivered products, even if they have not received them directly.
8. Delivery Costs
The delivery costs depend on the quantity of the ordered products. The delivery costs communicated in the online shop are applicable. The delivery costs are shown as an additional item in the shopping cart and on the invoice.
Vikarus can provide warranty either by partial or complete replacement with an equivalent product.
The buyer bears the cost of returns. Returns must be agreed in advance with Vikarus (firstname.lastname@example.org).
If products are delivered with obvious damage to the packaging or contents, the customer must immediately notify the delivery person and refuse acceptance, without prejudice to their rights to make complaints. The customer is obliged to obtain a damage confirmation report from the delivery person. All transport damage must also be reported immediately to Vikarus. Furthermore, it is the customer's responsibility to check the ordered products immediately upon receipt. For any defects or deviations from the order, Vikarus customer service must be notified by email at email@example.com on the day of delivery. Vikarus reserves the right to request evidence of the defect.
12. Transfer of Risk
The risk passes to the buyer as soon as the shipment is handed over to the person responsible for transport. If the shipment is delayed or becomes impossible without fault on the part of Vikarus, the risk passes to the buyer upon notification of the readiness to ship. Any agreement for Vikarus to cover the transport costs in individual cases does not affect the transfer of risk.
13. Limitation of Liability
Claims for damages arising from impossibility of performance, breach of contract, fault at the time of conclusion of contract and tort are excluded against both Vikarus and its agents, unless there is intentional or grossly negligent conduct. Liability for consequential damages arising from the use of the products is rejected.
14. Retention of Title
The goods remain the property of Vikarus GmbH until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation without the consent of Vikarus GmbH is not permitted.
15. Applicable Law and Jurisdiction
These terms and conditions are subject to Swiss substantive law. Unless mandatory legal provisions prevail, the court at the company's registered office shall have jurisdiction.
16. Contact/Customer Service
For questions, please contact Vikarus customer service by email at firstname.lastname@example.org.
17. Data Protection
Vikarus may process and use the data collected in connection with the conclusion of the contract to fulfill the obligations under the contract. Vikarus takes the measures required by law to secure the data. The customer fully agrees to the storage and proper use of their data by Vikarus and is aware that Vikarus is obligated and authorized to disclose information of the customer to courts or authorities upon request. Unless expressly prohibited by the customer, Vikarus may use the data for marketing purposes and may disclose it to its partners for advertising purposes. The data necessary for the performance of the service may also be disclosed to commissioned service providers or other third parties. The data protection declaration is an integral part of these terms and conditions. By accepting these GTC, you also agree to the data protection declaration.
18. Authoritative Version
The German version of the General Terms and Conditions shall take precedence over the English version in the event of any discrepancies or inconsistencies.
Last updated, July 28th 2023