Valid from: 24.07.2019
These General Terms and Conditions (GTC) apply to all legal transactions concluded via the online shop www.trotha.ch (hereinafter referred to as "Online Shop"). The online shop is operated by Friedrich Trotha, Motorenstrasse 14, 8005 Zürich (hereinafter referred to as "Trotha"). All deliveries and services provided by Trotha to its customers are based exclusively on the General Terms and Conditions.
Trotha reserves the right to change these GTC at any time. The respective current and binding version of the GTC, as well as any additional agreements and supplements will be published on the website of the online shop. Conflicting conditions or conditions of the customers deviating from these AGB are not recognized.
2.1 Product and price
Illustrations of products in advertising, brochures, online shops, etc. serve as illustrations and are non-binding. The price of a product corresponds to the respective details in the online shop, except in cases of obvious errors. Unless otherwise indicated, prices are quoted in Swiss francs, including statutory value-added tax. The shipping costs and any customs and packaging costs are additionally owed, unless otherwise indicated.
2.2 Availability and delivery time
Delays in delivery may occur in particular due to production or delivery shortages. All information regarding availability and delivery time are therefore subject to change without notice.
3 Conclusion of a contract
The products and prices in the online shop are considered an offer. However, this offer shall always be subject to the condition that the contract is terminated by an impossibility of delivery or an incorrect indication of price.
The purchase contract is concluded as soon as the customers place their order in the online shop (hereinafter referred to as "Purchase Contract").
The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address given by the customer. The receipt of the automatically generated order confirmation contains no promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with Trotha has therefore been concluded on the condition that delivery is possible and the price quoted is correct.
In particular, Trotha reserves the right to withdraw from the contract if the specified minimum order quantity for a product is not reached within the specified period. In this case, Trotha will reimburse the customer for any amounts already paid in advance. There shall be no further claims against Trotha.
4 Date of delivery
With the order confirmation, the customer is informed of a provisional delivery date or contact is made with the customer and an individual delivery date is agreed.
Products in the online shop can only be delivered to customers via shipping.
If the customer does not accept the ordered products on the agreed or indicated delivery date, Trotha may dissolve the contract and invoice the customer for the delivery costs incurred and any loss in value.
6 Inspection obligation
The customer must check delivered products immediately for correctness, completeness and delivery damages.
Delivery damage, incorrect and incomplete deliveries must be reported to Trotha within 5 calendar days of the date of delivery. Such a product may not be used by customers. It must be stored as received in the original packaging and returned in accordance with Trotha's instructions.
Trotha warrants the ordered product to be free from defects for 5 years after delivery. The warranty period shall continue regardless of the provision of any warranty services. Trotha shall provide warranty by either
- free repair;
- partial or complete replacement by an equivalent used/repaired product;
- replacement by a new product by Trotha;
Wear parts, in particular watch straps and bands, are excluded from the warranty. In all other respects, the exclusions of liability pursuant to Section 8 shall apply.
All further warranty provisions are excluded.
8 Liability and exclusion of liability
Liability shall be governed by the applicable statutory provisions. However, in no event shall Trotha be liable for (i) slight negligence, (ii) indirect or consequential damages or loss of profits, (iii) unrealised savings, (iv) damages arising out of delay in delivery or (v) any acts or omissions of Trotha's agents, whether in contract or otherwise.
In all other respects, Trotha rejects liability in the following cases:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts;
- failure to carry out maintenance and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular natural, moisture, fall and impact damage etc. for which Trotha is not responsible, and official orders.
9.1 Payment options
The customer has access to the payment options offered as payment methods in the online shop under "Payment options".
The current means of payment fees, which may be charged by Trotha, are shown under "Payment options" and are shown in detail in the order process.
If payment is made by credit card, the amount will be debited when the order is placed.
9.2 Default of payment
If the customer fails to meet all or part of its payment obligations, all outstanding amounts owed by the customer to Trotha shall become due immediately and Trotha may demand immediate payment and suspend further deliveries of products to the customer.
9.3 Retention of title
Ordered products remain the property of Trotha until full payment has been made to Trotha. Trotha is entitled to make a corresponding entry in the retention of title register at the customer's expense. Before transfer of ownership, pledging, transfer by way of security, processing or transformation shall not be permitted without the express consent of Trotha.
9.4 Repayments on termination of contract
If the contract is terminated, the same means of transaction will be used for the refund of the purchase price as was used for the payment.
The online shop and Trotha are not supervised by FINMA. There is no deposit guarantee for any payments made in advance.
10 Change of order or cancellation
If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
11 Right of withdrawal
11.1 Exercise of the right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party designated by you (other than the carrier) has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (email@example.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
The right of withdrawal is exclusively reserved for private individuals who order/purchase the products for personal, private use.
This right of withdrawal shall not apply to products which have been personalised or the manufacture of which has led the customer to make an individual choice with regard to the nature of the products or which have been tailored to the individual needs of the customer. This includes in particular the engraving of a product.
The products must be professionally packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.
In this connection, the customer assures Trotha that the details and list of returned products in the return certificate are complete and correct, and that the return shipment actually contains the products specified in the return certificate. The customer shall fully indemnify Trotha against all third-party claims in connection with an incomplete or incorrect customs declaration caused by the customer.
11.2 Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the low-cost standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse a refund until we have received the Products back or until you have provided evidence that you have returned the Products, whichever is earlier.
In any case, you must return the goods to us immediately and at the latest within fourteen days of the day on which you notify us of the revocation of this contract. The deadline is met if you send the products before the expiry of the fourteen-day deadline.
You shall bear the direct costs of returning the goods.
12 Repair outside warranty
The costs for a repair outside the warranty according to Section 7 shall be borne by the customer. In the case of products which do not have any detectable defects or for which the defect does not fall under the warranty referred to in Section 7, Trotha reserves the right to charge the customer for the costs of examining the claimed defect and for shipping costs.
13 Data protection
14 Severability clause / invalidity of division
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the effectiveness of the remaining provisions and these GTC as a whole. Invalid or void provisions shall be replaced by economically equivalent, lawful provisions which correspond as closely as possible to the purpose of the contract.
15 Place of jurisdiction and applicable law
All legal relationships between Trotha and its customers shall be governed by substantive Swiss law to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods and to the exclusion of any conflict of law rules.
The place of jurisdiction for consumer actions shall be either their place of residence or Trotha's registered office. In all other cases, Trotha's registered office shall be the exclusive place of jurisdiction.