These general terms and conditions for Soeder GmbH (hereinafter referred to as "Soeder") apply to all services and products (collectively hereinafter referred to "products") offered through the online Soeder shop. All other services are governed by separate terms and conditions. A "customer" as used herein, refers to any natural person or legal entity with whom Soeder has a business relationship.
These terms apply to all products or services offered by Soeder in its online shop. All sales and deliveries are made exclusively according to these terms. Any terms that the customer may have that diverge or contract those contained herein are not recognised by Soeder, unless otherwise expressly agreed in writing. The currently applicable version of these terms will be published at www.[...].com. A written version can also be obtained from Soeder.
3. Soeder's services
Soeder constantly strives to be innovative and up-to-date. We provide our services professionally and carefully in accordance with these terms and other contractually agreed terms. Soeder strives constantly to offer its customers the best and latest products.
All of Soeder's prices, unless otherwise stated, include VAT, any advanced recycling fees and any copyright licence fees.
5. Product Information, Availability and Warranty Information
Soeder constantly strives to inform its customers about the products and services offered to the best of its ability. Some of this information is supplied directly by the manufacturer or supplier of the product which Soeder has merely compiled and published in an way that is accessible to its customers. Soeder does not offer any guarantee of the information it provides concerning products, services, recommendations, warranty terms and periods. In particular, Soeder assumes no liability that such information is accurate, completeness and up-to-date.
Soeder attaches great importance to tracking the availability of its products as carefully and accurately as possible. Many of the products are sourced from manufacturers outside of Switzerland. Production or supply shortages or incorrect inventory data may result in delays in delivery. Soeder assumes no liability for any information concerning expected delivery times, which should therefore not be considered binding and subject to change at any time and without notice. It is possible that delivery may become impossible if a product can no longer be manufactured or delivered. In this case, §6 below applies.
6. When do you enter into a contract with Soeder?
The products, services and prices published at www.[soeder].com constitute an offer to sell. This offer, however, is always subject to the subsequent condition that delivery may be impossible or the price was incorrectly posted (either by the manufacturer or by Soeder). This means that articles that are no longer available will not be delivered. In addition, this may mean that we have not indicated the correct price in our shop.
The customer enters into a contract with Soeder upon submitting an order through our online shop, our brick-and-mortar shop, by telephone or by email. Soeder will acknowledge the receipt of the customer's order by sending an automatically generated order confirmation email. This automatically generated order confirmation does not warrant that the product is actually available and can be delivered. It merely indicates to the customer that Soeder has received his order and that the customer has entered into a contract, subject to the ability of Soeder to fulfil the order.
If the product is not available or its price was inaccurately posted, the contract will be terminated immediately without further input from the parties. We will inform the customer immediately if this situation occurs. If the product has already been delivered to the customer, the title to the item will automatically revert to Soeder and the customer will be required to return it in exchange for a refund from Soeder of the purchase price. If the product has not already been delivered to the customer, the customer will not be obliged to pay the purchase price or accept delivery. If either situation occurs, Soeder is not required to make a substitute delivery.
7. What payment terms do we offer?
The customer agrees to pay using one of the payment options provided by Soeder. Currently, only those supported credit and debit cards displayed when checking out from the online shop are available. After making the purchase, the customer will be sent a receipt by email and the order will be put together by Soeder and prepared for shipping.
Products delivered to the customer remain the Soeder's property until such time as full payment of the purchase price is received. The customer hereby grants Soeder the right to register a lien against products for which it holds an ownership interest.
8. What happens in case of default?
If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts become payable immediately. Soeder reserves the right to suspend all deliveries. In addition, Soeder reserves the right to rescind the orders concerned. This contract termination occurs automatically and without notice eight days have passed since Soeder sent the customer a warning demanding payment.
Soeder may impose a fee of CHF 20.00 for the manual administrative work required to collect outstanding debts from the second payment reminder. In addition, Soeder reserves the right to initiate collection proceedings with Creditreform, Intrum Justitia AG, Eschenstrasse 12, 8603 Schwerzenbach, or another agency as determined by Soeder. Any invoices handed over to a collection agency may result in additional charges for the customer. This costs will be at least CHF 50.00.
Soeder can remove the ability of the customer to place orders on account at any time, especially if there has been a payment default or other circumstances that reduce his creditworthiness. In this case, the customer will only be able to place orders prepaid with a credit card.
9. Cancellation and termination of the contract
Orders placed by the customer with Soeder are binding as set forth in §6 above. The customer is then obligated to accept delivery of the services or products ordered. Subsequent amendments and cancellations are possible in certain cases, but solely at the discretion of Soeder and may incur processing charges of up to 30% of the contract value, but no less than CHF 50.00, as well as any loss incurred to the products' value since being ordered.
If the customer fails to accept delivery of the products as required herein within two weeks, Soeder may terminate the contract and charge the customer the processing fees outlined in the previous paragraph.
If Soeder is able to deliver the product as set forth in §6 above, the customer may rescind the order no earlier than four weeks after the agreed delivery date. If the order is cancelled due to non-delivery, Soeder will refund the customer any amounts he has already paid.
10. Exchange and return
Returnable items can be returned to Soeder within 30 days of the invoice date. Warning: the goods must be in absolutely new, unworn, unwashed and original condition incl. any and all labels and original packaging and must be returned with the bill. Shoes, chaps and boots must also be returned in the original undamaged packaging. The shoe box in which they are delivered does not constitute adequate packaging for shipping. The shoe box must be enclosed in another shipping container. The returns can be sent back by post. The customer shall bear the costs of returning merchandise.
Postal address for returns & complaints:
8004 Zurich, Switzerland
The right of return is excluded for the following products:
- undergarments and swimwear
- non-textile items (including beauty products, leather goods, sunglasses, watches, neckties, jewellery)
- articles on sale or special buys
- products marked "Non-Returnable"
Any products in the categories listed above that are delivered in a defective, incomplete or poor condition may be returned. In this case, Soeder will strive to send an equivalent replacement product. If this is not possible, the money already paid will be refunded. As a matter of principle, the exchange or return of products is generally not possible. Only in exceptional cases and after consultation with Soeder can exchanges or returns be accepted. The price basis for any returns and exchanges is always no more than the current list price of the item on the day of return or exchange. Products especially ordered for the customer as well as custom-configured products are excluded entirely from returns or exchanges.
11. Deliveries from Soeder
All orders, whether delivered to the customer's location or picked up in our retail shops, are to be checked immediately for accuracy, completeness and integrity. If there are any errors or damage (visible or invisible), the customer shall notify Soeder immediately after discovery, but no later than 7 calendar days after the delivery was received or the order was picked up. For Soeder to process your damage claim, the order and its packaging must the kept and the product(s) must not be used.
Soeder does not as a rule charge for deliveries.
12. Repair returns
If the customer wants to return goods to Soeder, he may do at his own cost and risk by returning the goods to the address provided by Soeder. The products are to returned with all of their accessories, packaged in a professional manner and with insurance cover. The return must be accompanied by a detailed description of the flaw or defect and a copy of the invoice.
13. What service and warranty does Soeder provide?
Since Soeder the products does make the products it sells, we have no influence on their durability or functionality or the manufacturer's warranty coverage. Therefore terms and duration of the manufacturer's warranty apply.
If the customer has a warranty claim, the manufacturer shall provide a repair, replacement with an equivalent product or a refund of the product's current value, but no more than the price at which it was purchased. The decision lies with the manufacturer in any case.
A warranty claim will only be fulfilled if there are no reasons preventing its fulfilment such as damage caused by incorrect handling or mechanical damage. Such damage might include elemental damage, moisture damage, damage from falls or impact, excessive wear and defects as a result of unauthorised interventions or modifications of the product. Wear and tear parts, batteries, lamps, etc. are excluded from the warranty or have a reduced warranty period.
Products listed in the shop as "test models" are demonstration products. This means that these products have been tested by Soeder or its experts. They may have slight visual defects which leads to them being sold at a reduced price. These optical defects are excluded from the warranty. In terms of functionality and usability, the normal warranty conditions of the manufacturers apply.
The customer shall bear any costs billed by the manufacturer or service partner charges for repairs that go beyond that covered by the warranty. For products with no detectable flaws or defects or for flaws that are not covered by the manufacturer's warranty, Soeder or the manufacturer can pass on the inspection and shipping costs to the customer.
Any replacement or repair performed as part of a warranty claim does not extend the original warranty period.
In all other instances, the statutory warranty provisions according to §197 ff of the Swiss Code of Obligations applies. The customer has a right to repair, but not a right to an exchange or price reduction.
14. Redeeming discount coupons
Soeder may issue discount coupons. These coupons may require a minimum order value. This will be indicated on the coupon itself. Discount coupons may not be combined. This means that only one coupon may be redeemed per purchase. Discount coupons can be redeemed both online and in the Soeder boutique. However, if the coupon indicates that it may only be used online, it may not be used in the boutique.
15. Monthly invoice with part payment option (PowerPay)
Soeder hereby waives any and all liability for damages arising from non-delivery, breach of contract, negligence when entering into the contract or impermissible actions, unless they are the result of intentional or grossly negligent actions by Soeder or its agents.
WARNING: Any liability for indirect or consequential damages arising from the use, misuse or failure of products delivered by Soeder is excluded.
17. Privacy Statement
We appreciate your interest in our products. Protecting your privacy is very important to us. Below we provide detailed information about how we handle your data.
Collection, Processing and Storage of Data
You can visit our website at any time without providing any information about yourself. We only store access data without personal reference, such as the name of your Internet service provider, the site from which you came or the name of the file requested. This data is used solely to improve our website and do not allow us to draw any conclusion about your person.
Google Analytics can be used for this purpose. You can prevent this analysis by installing special software in your browser.
Personal data are only collected when you provide it in connection with your order or when registering for our newsletter. The information you provide will be used without your express further permission solely to process your order. Once the terms of the contract have been fulfilled and full payment has been received, your data will be blocked from further use and the deleted after the data retention period required by tax and commercial statutes unless you have given express consent to the further use of your data. When registering for our newsletter, your email address will be used for advertising purposes, until you unsubscribe from the newsletter. You may unsubscribe at any time.
Disclosure of Personal Data
We will transfer your data to the company shipping your order, to the extent necessary to deliver the goods. To process your payment, we will share your payment information with the bank responsible for processing the payment.
Right to information
According to the Federal Data Protection Act you have the right to request information about the data we have stored about you and the right to correct, block or delete this data.
For questions regarding the collection, processing or use of personal information, the disclosure, correction, blocking or deletion of data and revocation of consents granted, please contact:
18. Jurisdiction and Applicable Law
The place of jurisdiction is Zurich. This contract is subject to Swiss law.
8004 Zurich, Switzerland
Company ID: CH-020.4.050.923-7
VAT ID: CHE-290.009.772