General Online Terms and Conditions
of CLOSED Direct GmbH
for e-commerce in Switzerland via ch.closed.com
1. General Terms and Conditions of CLOSED Direct GmbH
1.1 The CLOSED online shop for Switzerland available at ch.closed.com (the “CLOSED Online Shop”) is operated by CLOSED Direct GmbH, Strassenbahnring 6, 20251 Hamburg, Germany, recorded in the Commercial Register maintained by the Local Court of Hamburg, HRB56292, Managing Directors: Gordon Giers, Til Nadler, Hans Redlefsen.
1.2 These General Terms and Conditions (the “Terms”) of CLOSED Direct GmbH (“CLOSED”) shall apply, in the version valid at the time of contract formation, to all contracts formed via the CLOSED online shop. These Terms, as amended, can be viewed at any time under “Terms.” Throughout the ordering process, the customer shall have the option to review, to printout, and to save these Terms. By using the CLOSED online shop and/or by completing an order, the customer accepts these Terms.
1.3 We hereby object to any terms of the customer which may deviate from or are intended to supplement these Terms; such terms of the customer are expressly not acknowledged and shall not constitute part of any contract. Something to the contrary shall apply only if we have consented, expressly and in writing, to deviating terms of the customer.
1.4 The target group for the goods offered in the CLOSED online shop shall be consumers, who are of age. A “consumer” as contemplated by these Terms means any natural person, who acts for purposes which are predominantly outside of their trade or self-employed profession. Goods shall be dispatched only in typical retail quantities.
1.5 The Swiss online shop is designed to serve the Swiss market and to handle the processing of VAT and customs in connection with deliveries to Switzerland. CLOSED hereby reserves the right to cancel orders from Switzerland, which were not placed in the Swiss online shop.
2. Offers and contract formation
2.1 Contracts can be formed in German, English and French.
2.2 The presentation of products in the CLOSED online shop shall not constitute a binding offer, but merely a nonbinding online catalog inviting the customer to make an offer for the formation of a purchase contract regarding the products presented. CLOSED advises that the color of a product displayed in the online shop may differ from the actual color of the delivered product due to different computer screen settings.
2.3 In the CLOSED online shop, customers can select any of the goods shown and in stock, the size and quantity thereof, as well as add them to their shopping cart. After customers have added goods to their shopping cart, they can, at any time, check to make sure the correct items, in the correct size and quantity, are in the cart, make necessary changes, or remove them entirely.
2.4 In order to finalize an order, customers can initiate the checkout process from the shopping cart and they can decide whether to place their order as a registered customer or as a guest. Once they have completed the checkout process and selected the desired shipping and payment methods, customers can review and correct their order as necessary on the checkout page. Customers can, any time before checkout, view and make changes to their order. Customers can use the “Change” button or the browser’s “Back” function to make changes to their order. Customers can check out by clicking “Buy now” and agreeing to the Terms and the instructions on the right of withdrawal. By this process customers make a legally valid offer to conclude a purchase contract. Once the checkout process has been completed, the order information can no longer be viewed. Customers can, however, print out their order information immediately after submitting the order.
2.5 Once customers have submitted a purchase offer, they will receive an order confirmation by email. With the order confirmation, CLOSED informs customers that their order has been duly received. However, the order confirmation does not mean that their purchase offer has been accepted or that a contract has been formed. The purchase contract shall be formed only when (i) CLOSED sends customers an additional email after the order has been placed confirming shipment of the goods or (ii) CLOSED ships the goods. The contract shall be formed and become binding upon confirmation of shipment or the shipment of the goods.
2.6 If a customer order contains multiple items, the purchase contract shall be formed only for the goods expressly included or listed in the shipping notification. A purchase contract shall not be formed for any other goods. Such can also apply to goods, which – though listed in the CLOSED online shop and included in the order – could not be shipped at the time the customer order was placed.
2.7 CLOSED shall decide, at its discretion, whether it will accept an order. If CLOSED is unable to fill an online order, the customer will be immediately sent an email. Such presumes that the email address the customer specified is correct.
3. Availability, delivery and shipment
3.1 Deliveries to Switzerland will be shipped by DHL Express. Apart from that CLOSED will select the carrier at its discretion.
3.2 Unless otherwise agreed, delivery will be made, as provided for under 5, to the delivery address specified by the customer in one to five business days. CLOSED will make every effort to ensure shipments are delivered as quickly as possible, but advises that delivery times are also affected by the customs process, over which CLOSED has no control. If the customer order contains multiple products each with different delivery times, the goods will be dispatched in a single shipment unless otherwise stipulated. In this case, the delivery time of the product with the longest delivery time shall apply to the entire shipment.
The delivery period begins to run once the contract is formed as contemplated by Section 2.5. If the contract is formed on a Sunday or a national holiday at the place of delivery, then the delivery period shall be begin to run on the next business day.
3.3 If customers fail to specify a correct address, the resulting costs can be charged to them. CLOSED shall not be liable for any delays or any other inconvenience to any customer resulting in connection with an incorrect address.
3.4 CLOSED shall have the right to make partial deliveries. Customers shall not incur any shipping costs in connection with subsequent and partial deliveries.
4. Prices, payments
4.1 The prices indicated at the time the order was placed apply. All prices include the statutory value-added tax (Mehrwertsteuer). CLOSED reserves the right to adjust its prices to account for a change in the VAT rate.
4.2 All payments and credited amounts shall be processed in Swiss francs. CLOSED shall bear any and all additional costs incurred, e.g., import duties.
4.3 The CLOSED online shop accepts the following payment methods:
- credit cards (VISA, MasterCard)
4.3.1 Credit cards
If customers choose to pay by credit card, the amount shall be reserved on their credit card when they place their order online. The credit card shall be charged at the same time the email shipping confirmation is generated. CLOSED shall satisfy any customer claims to repayment by crediting the applicable amount to the customer’s credit card account within 14 days.
If customers choose to pay via PayPal, customers will, after clicking confirm, be redirected to the PayPal page. Once customers have paid via their PayPal account, they will be requested to finalize the purchase in the online shop. Customers will then be sent a confirmation email by the online shop and by PayPal. Any customer repayment claims shall be credited to their PayPal account.
4.4 CLOSED reserves the right to exclude certain modes of payment on a case-by-case basis – especially in the interest of minimizing the credit risk.
5. Shipping costs
No shipping costs shall be incurred for orders placed in the CLOSED online shop.
6. Right of withdrawal and instructions on withdrawal
6.1 If customers have placed their order as a consumer, CLOSED shall grant them a right of withdrawal. CLOSED provides the following relevant information:
INSTRUCTIONS ON WITHDRAWAL
You shall have the right to withdraw from the contract formed with CLOSED within a period of fourteen (14) days, without giving any reason. The withdrawal period shall amount to fourteen days from the day on which you or a third party appointed by you, who is not the carrier, has taken the goods into receipt.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by way of an unequivocal statement (e.g., a letter sent by mail, via telefax, or via email) addressed to:
Closed Direct GmbHc/o Fuljoyment AGHeinrich-Seidel-Str. 519071 BrüsewitzGermany
Tel.: 00800 999 888 11 (free of charge in any network)Fax: 0049 40 73 350 073Email: email@example.com
You can, but are not required to, use the enclosed model withdrawal form for this purpose. The withdrawal period shall be sufficiently complied with to the extent that you send your statement informing us that you are exercising your right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline shall be deemed met if you send back the goods before the period of 14 days has expired. We shall bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model withdrawal form
ToClosed Direct GmbHc/o Fuljoyment AGHeinrich-Seidel-Str. 519071 BrüsewitzGermany
Fax: 0049 40 73 350 073Email: firstname.lastname@example.org
I/we* hereby withdraw from the contract I/we* formed for the sale of the following goods* /the provision of the following service*
Ordered on* / received on*
Name(s) of the buyer(s)
Address(es) of the buyer(s)
Signature(s) of the buyer(s) (only if communicated on paper)
Date*Delete as appropriate
6.2 In deviation to Section 6.1, we shall regard a return shipment of the goods within the withdrawal period, which occurred absent an express statement of withdrawal, to be a withdrawal, and the effects of withdrawal described above shall apply.
6.3 The carrier (DHL), which originally delivered the parcel, will handle the return shipment free-of-charge; the bill of lading or relevant label located in the package must be used. Customers shall be obligated to effect the return shipment of the goods from the destination country, in which the goods were delivered to them.
7. Retention of title, set-off, right of retention
7.1 CLOSED shall retain the title to the goods until such time as payment has been made in full.
7.2 Customers shall have a set-off right only if their counterclaims have been determined judicially, are undisputed, or have been recognized by CLOSED.
7.3 Customers shall be able to exercise a right of retention only if their claims vis-à-vis CLOSED and the claims of CLOSED vis-à-vis the customers arise from one and the same contractual relationship.
The warranty granted under applicable law shall apply to all deliveries and non-conformities of the purchased goods. The limitation period applicable to such warranty shall be two (2) years and shall begin to run once the natural possession of the goods has been transferred.
9. Data protection
The current Data Protection Policy of Closed Direct GmbH shall apply.
10. Choice of law and venue/h2>
10.1 Swiss law shall apply to all disputes arising from and in connection with the purchase contract. The UN Convention on the International Sale of Goods shall not apply.
10.2 Hamburg, Germany, shall be stipulated, regarding customers who are merchants or who do not have a venue in Switzerland, for all disputes arising from contracts formed with CLOSED.