Terms and conditions online shop for sale
of services and digital products also within the EU

1. Scope

1.1 These General Terms and Conditions (GTC) apply to all orders placed by customers via the online shop of the play group Krümel (ruckdruck.ch), Eigerweg 4, 3322 Urtenen-Schönbühl CHE-485.836.316, hereinafter referred to as ruckdruck.ch.

1.2 With the confirmed order, these General Terms and Conditions are deemed to have been accepted by the customer.

2. Offer and conclusion of contract

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order.

2.2 By clicking the (Order) button, the customer places a binding order for all products listed on the order page.

2.3 Immediately after receipt of the order, RUCKDRUCK.CH confirms the order by e-mail. In the case of non-physical goods, the purchase contract is concluded immediately, in the case of physical goods upon delivery.

3. Prices and shipping costs

3.1 The prices stated on the product page are exclusive of statutory VAT and other price components (postage, packaging) and are in Swiss francs (CHF). The exact shipping costs are displayed to the customer in the ordering process.

3.2 Further taxes and costs do not apply (with the exception of customs duties for deliveries abroad).

3.3 The provider reserves the right to change the prices at any time. The prices published on the website on the order date apply to customers.

4. Terms of Delivery

4.1 The delivery of the offer/provision of the service takes place within Switzerland and the EU.

4.2 Unless otherwise stated in the offer, the delivery time is for Switzerland and Liechtenstein[2 bis 4 Werktage] . For deliveries to the EU, the delivery time is between[7 und 14 Werktagen] . If a longer delivery period is necessary, the customer will be informed at the latest after this period has expired. If no information is provided, the customer is entitled to forgo the delivery.

4.3 If not all ordered products are in stock, RUCKDRUCK.CH is entitled to make partial deliveries.

4.4 If delivery of the product fails due to the fault of the customer despite three delivery attempts, RUCKDRUCK.CH can withdraw from the contract. Any payments made will be refunded immediately.

5. Terms of Payment

5.1 For customers in Switzerland, payment is made by credit card.
For customers in the EU, payment is made exclusively by credit card.

5.2 When paying by invoice, the payment period is 30 days. RUCKDRUCK.CH is entitled to pass on its expenses in the dunning process to the defaulting customer. We reserve the right to take legal action.

5.3 When paying by credit card, the customer’s account is debited at the time the order is placed.

5.4 Offsetting against counterclaims of the customer that are not recognized or have not been legally established is excluded.

5.5 The customer can only exercise a right of retention if the claims are based on the same contractual relationship.

6. Right of Withdrawal

6.1 Consumers have the right to revoke the contract declaration within 14 days after receipt of the product. The revocation must be sent to RUCKDRUCK.CH in writing by e-mail, fax or letter. The time at which the revocation was sent is decisive for meeting the deadline. A justification for the revocation is not necessary. The declaration of revocation should be sent to:

RUCKDRUCK.CH, [ Eigerweg 4, 3322 Urtenen-Schönbühl, info@ruckdruck.chl .]

6.2 Exercising the right of withdrawal leads to the conversion of the purchase contract into a rescission relationship, after which the services received under the purchase contract must be reimbursed.

6.3 The right of withdrawal is excluded for the following points:

  • individual company solutions that are clearly tailored to the personal needs of the customer
  • digital content, the execution of which takes place at the same time as the order and which are not supplied on tangible media
  • Services that have already been fully rendered or the execution of which has already begun

7. Warranty

7.1 RUCKDRUCK.CH guarantees that the goods correspond to the promised properties, have no defects that affect their value or their suitability for the intended use and correspond to the prescribed services and specifications. RUCKDRUCK.CH reserves the right to remedy an existing defect in the sense of a repair or replacement delivery.

7.2 The buyer must check the delivered product as soon as possible and report defects immediately. You can find our responsible customer service under [ info customer service ].

7.3 If rectification or subsequent delivery fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to reduction is excluded.

8. Term, Permissions, and Cancellation of Subscriptions

Subscriptions are concluded for a specific period. Normally, this period is six or twelve months. Unless otherwise agreed, each subscription entitles a person to unrestricted use during the term of the contract. Before the subscription expires, the customer will receive an invoice for the extension of the contract for the same period. RUCKDRUCK.CH must be notified of termination in writing within 30 days of this point in time. At the same time as the termination, the access authorization expires.

9. Dispute Resolution

9.1 The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

is available.

10. Passwords/Privacy

In the case of products made available online, the customer undertakes to treat the access data provided to the system and the passwords set up for this as strictly confidential and with the utmost care. RUCKDRUCK.CH reserves the right to terminate the right of use immediately if it discovers multiple use of access data by a single authorized user.

11. Copyright/Copyright

The content and structure of the products published by RUCKDRUCK.CH and the entire website are protected by copyright. The use of contributions and work aids for personal use by the customer is permitted, however full or partial commercial distribution requires the express consent of RUCKDRUCK.CH.

12. Liability for Online Connections

12.1 The provider undertakes to ensure state-of-the-art security in systems, programs, etc. that belong to him and over which he has control, and to follow the rules of data protection.

12.2 The customers have to ensure the security of the systems, programs and data that are in their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

12.3 The provider is not liable for defects and disruptions for which he is not responsible, especially not for security deficiencies and operational failures of third-party companies with whom he works or on which he is dependent.

12.4 Furthermore, the provider is not liable for force majeure, improper action and disregard for the risks on the part of the customer or third parties, excessive strain, unsuitable equipment of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.), that happen despite the necessary current safety precautions.

13. Jurisdiction and Applicable Law

13.1 Variant 1 for consumers

The law of the state in which the customer has his habitual residence applies to these GTC.

Variant 2 for business customers

Swiss law applies to these General Terms and Conditions, namely the provisions of the Swiss Code of Obligations.

13.2 Variant 1 for Swiss consumers prescribed by Art. 21 and 22 Jurisdiction Act

The court at the domicile or registered office of one of the parties is responsible for complaints by a customer. The court at the domicile of the defendant party is responsible for complaints by the provider.

Variant 2 for business customers

The place of jurisdiction is the seat of the provider (or the seat of the customer company).

Variant 3 for foreign consumers:

prescribed in the Lugano Convention (LugÜ)

For foreign customers, the courts at the customer’s place of residence or at the provider’s registered office are responsible, at their choice. The courts at the customer’s place of residence are responsible for any legal action brought by the provider against the customer.

14. Final Provisions

If parts of these general terms and conditions should be ineffective, this does not affect the validity of the remaining provisions. The relevant statutory provisions shall take the place of the ineffective provisions.

Appendix 1: Sample formulation of the right of withdrawal
for the EU market

If you act as a consumer, you can revoke your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) or by returning the goods without giving reasons. We will send you this cancellation policy again separately in text form. The period begins on the day after you have received the goods and the cancellation policy in text form. [1] The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline.

The revocation must be sent to:

ruckdruck.ch (Playgroup Krümel Manager: Nicole MüllerEigerweg 4, 3322 Urtenen-Schönbühlinfo@ruckdruck.ch  

Consequences of revocation

In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you are unable to return the goods to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply if the deterioration of the goods is solely due to their inspection – as you would have been able to do in a retail shop – or the intended use [2] of the goods.

Transportable items are to be returned at our risk. Items that cannot be sent by parcel will be picked up from you. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40 or if you have not yet made the payment or have made a contractually agreed partial payment. Otherwise, the return is free for you.

You must fulfill your obligations to refund payments within 30 days of sending your declaration of cancellation.

[1] In contrast to the wording of the official model, the wording shows the start of the period precisely. It takes into account the regulations in § 312c para. 2 and § 355 para. 2 BGB, according to which the period does not begin until the consumer has received clearly structured instructions in text form and the goods. The regulation of § 187 para. 1 BGB, according to which a period triggered by a specific event begins on the day after the event triggering the period.

[2] The model cancellation policy waives the assertion of a value replacement for a deterioration caused by the intended use of the item. Whether such a value replacement can be demanded is controversial and is assessed differently by the courts.