§ 1 General
1.1 These general terms and conditions (GTCs) apply to all agreements, deliveries
and services of rubicon-IT Schweiz AG, Aarstrasse 98, CH-3005 Bern (in the following:
"rubicon") relating to the online shop domain www.easyfind.ch and to all sub-domains.
Customer stipulations to the con-trary are invalid unless confirmed by the vendor
in writing. Specific agreements between the customer and rubicon always take precedence.
1.2 Business relations between rubicon and its customers are subject to Swiss law.
This choice of law applies to consumers only insofar as the protection provided
is not revoked by mandatory legislation valid in the country in which the consumer
has his main residence. The validity of the United Nations Convention on Contracts
for the International Sale of Goods is excluded.
1.3 The contract language is German.
1.4 The place of jurisdiction is Berne, Switzerland, insofar as the customer is
a business person or body corporate organised under public law. The same applies
if the customer does not have a general place of jurisdiction in Switzerland or
his place of residence or habitual whereabouts is unknown at the time legal proceedings
are initiated.
§ 2 Contract content and conclusion
2.1 rubicon offers the customer an opportunity to purchase new goods, in particular
stickers, keyrings and luggage tags bearing easyfind codes, from the online shop
www.easyfind.ch.
2.2 The presentation of products in the online shop does not represent a legally
binding offer but rather a non-binding online catalogue. By clicking the button
"Submit order" you will place a binding order for the goods contained in your shopping
basket. Receipt and acceptance of your order will be confirmed by automated email
immediately after submission. The confirmation email confirms the conclusion of
the purchase agreement.
2.3 We will store the contract text and send you the details of your order together
with our GTCs. You can view our GTCs at any time by following this
link. For security reasons you will not be able to access your order details
via the Internet.
§ 3 Prices, shipping costs, sales tax and payment
3.1 Orders placed with the online shop are subject to the prices published at that
location. All prices are inclusive of statutory sales tax.
3.2 Prices exclude packaging and shipping costs; these costs will be communicated
to the customer before he submits his order.
3.3 Shipping costs depend on the destination of the shipment. A list of shipping
costs is available for downloading from: www.easyfind.com/ch/Web/UI/Shop/ShipmentCosts.aspx.
3.4 Shipments to customers will be made against payment by one of the following
means as selected by the customer: payment in advance by bank transfer, PayPal,
credit card (Visa, Master Card) or PostFinance transfer.
3.5 Payments made per Visa, MasterCard, PayPal and PostFinance will be processed
by our Payment Service ProviderOgone GmbH, Technoparkstrasse 1, CH-8005 Zurich,
Switzerland. You will be transferred to the Ogone web page to enter your payment
details. rubicon does not retain any payment-related data (e.g. credit card number,
validity, PayPal ID, etc.). You will be transferred back to our web page once your
payment has been processed successfully.
3.6 The customer's credit card will be charged upon completion of the order.
3.7 Customers selecting payment in advance by bank transfer must make the payment
within 14 calendar days.
3.8 In the event the customer defaults on payment rubicon shall be entitled to claim
compensation in compliance with legal provisions and / or to withdraw from the contract.
3.9 The vendor shall always provide the customer with an invoice that will be delivered
either by email or together with the ordered goods.
§ 4 Delivery and transfer of risk
4.1 Ordered goods are shipped and delivered by rubicon.
4.2 Unless agreed otherwise in the contract, ordered goods will be shipped to the
address specified by the customer. Shipments will be made from the vendor's warehouse.
4.3 The availability of individual articles is defined in the description for each
article. Goods that are available for immediate delivery (green label) will be shipped
within five working days. Delivery times of up to ten weeks should be anticipated
for goods ordered from the online shop that are labelled as not in stock (red label).
4.4 rubicon retains the right to make part deliveries insofar as they appear expedient
in the interest of speedy order processing and the customer can reasonably be expected
to accept part delivery as an exception. Additional costs arising from part delivery
will not be charged to the customer.
4.5 The risk of accidental perishing and accidental deterioration is transferred
to the customer when the goods are handed over to him by the shipping service provider.
If the customer is a business person the risk of accidental perishing, accidental
deterioration and risk of delay are transferred to the customer when the goods are
handed over to the shipper, shipping agent or other person appointed to implement
shipment.
§ 5 Retention of title
5.1 Delivered goods remain the property of rubicon until all contractual claims
have been fully satisfied.
§ 6 Offsetting, right of retention
6.1 The customer shall only be entitled to offset if his counterclaims have been
acknowledged by rubicon or ascertained by a court of law.
6.2 The customer is only entitled to exercise his right of retention if his claim
is based on the same contractual relationship.
§ 7 Liability for defects of quality and title
7.1 In the event of deficiencies the customer shall be entitled to statutory warranty
rights in accord-ance with the following provisions.
7.2 Deficiencies resulting from improper handling by the customer when using, applying,
operating or storing the goods to not constitute any warranty claims against rubicon.
7.3 Customers must report deficiencies to rubicon within a warranty period of two
years for new articles.
7.4 The preceding liability limitations do not apply if a deficiency is intentionally
misrepresented by rubicon through silence or if rubicon has guaranteed specific
properties of the goods. Further-more, the preceding liability limitations do not
apply to compensation claims raised by the cus-tomer on account of injury to limb
or health caused by a deficiency for which the vendor is re-sponsible or that are
based on intentional or gross negligence on the part of the vendor or his vi-carious
agents.
7.5 rubicon shall be entitled to provide supplementary performance in the event
of deficiencies that are reported in good time. In the event supplementary performance
should fail the customer shall be entitled to reduce the purchase price or withdraw
from the contract. Statutory provisions shall otherwise apply.
§ 8 Obligation to inform of transport damage
8.1 Customers who take delivery of goods with obvious signs of damage to the packaging
or contents should, without prejudice to their statutory warranty rights (§ 7),
complain immediately to the shipper/courier service and contact rubicon immediately
by email or other means (fax or post) so they can raise claims against the shipper / courier service.
§ 9 Disclaimer
9.1 rubicon's liability extending beyond its liability for deficiencies of quality
and title is unlimited in the event of damage caused with intent or through gross
negligence. rubicon is also liable for negligent violations of major obligations
(i.e. obligations where a violation would endanger the fulfilment of the contractual
purpose) and for violations of cardinal obligations (i.e. obligations whose fulfilment
is imperative to the completion of the contract and on which the customer routinely
relies), but only for the foreseeable damages typical for a contract of this nature.
The vendor is not liable for negligent violations of obligations other than those
detailed in the preceding.
9.2 The liability limitations described in the preceding paragraph do not apply
to injuries to life, limb or health, to deficiencies covered by a guarantee of product
properties or to misrepresentation of deficiencies by silence. This does not affect
liability in accordance with product liability law.
9.3 Any exclusion or limitation of liability on the part of rubicon shall also apply
to its employees, representatives and vicarious agents.
§ 10 Right of revocation relating to the delivery of goods
10.1
Right of revocation
You can cancel your contract declaration within 14 days in text form (e. g. by letter
or email) or - if the goods are delivered to you before the revocation period expires
- by returning the goods. The time period begins after the information on the right
of revocation is received in writing, but not before the goods are received by the
customer (or, in the event of repeat deliveries of similar goods, not before receipt
of the first part delivery) and not before we have fulfilled our obligation to inform
(for customers in Germany pursuant to Article 246 Section 2 in conjunction with
Section 1 Sub-section 1 and 2 EGBGB and our obligations pursuant to Section 312g
Sub-section 1 Sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB). It
is sufficient to submit a notice of revocation or to return the goods in good time
to ensure compliance with the revocation period.
Notice of revocation should be sent to:
rubicon-IT Schweiz AG
Aarstrasse 98
CH-3005 Berne
Email: info@easyfind.com
Returned goods should be addressed to:
easyfind.com
Aarstrasse 98
CH-3005 Berne
Email: shop.ch@easyfind.com
10.2 Consequences of revocation
In case of a valid revocation, both parties must return the received goods or services
together with any derived benefits (e.g. interest). In the event you are unable
to return all or part of the received goods or benefits (e.g. benefits of use) or
if you can only return them in a deteriorated condition you will be liable to provide
compensation for loss of value to an appropriate extent. You are only liable to
provide compensation for the loss of value of deteriorated goods or derived benefits
if the deterioration or derived benefits come into existence through handling the
goods in a manner that exceeds checking the product's functionality and properties.
The phrase "checking the product's functionality and properties" refers to checking
the goods in question in the same way you would check an item in a retail outlet.
Goods eligible for return by post (packets) should be returned at our risk. You
are responsible for the regular shipping costs of returned goods if the goods delivered
to you are what you ordered and if the value of the goods being returneddoes not
exceed 40 euro or, for goods with a higher value, if you have not made complete
or a contractually agree part payment at the time the goods are returned. In all
other cases goods can be returned free of charge. Goods that cannot be returned
by post will be collected from your address. Obligations to reimburse payments must
be met within 30 days. For you, this time period begins on the day you dispatch
the goods or your notice of cancellation; for us, it begins on the day we receive
them.
§ 11 Right of revocation relating to the provision of services
11.1 Right of revocation
You can cancel your contract declaration within 14 days in text form (e. g. letter)
without stating a reason. The time period begins after the information on the right
of revocation is received in writing, but not before conclusion of contract and
not before we have fulfilled our obligation to inform (for customers in Germany
pursuant to Article 246 Section 2 in conjunction with Section 1 Sub-section 1 and
2 EGBGB and our obligations pursuant to Section 312g Sub-section 1 Sentence 1 BGB
in in conjunction with Article 246 Section 3 EGBGB). It is sufficient to submit
a notice of revocation in good time to ensure compliance with the revocation period.
Notice of revocation should be sent to:
rubicon-IT Schweiz AG
Aarstrasse 98
CH-3005 Berne
Email: info@easyfind.com
11.2 Consequences of revocation
In case of a valid revocation, both parties must return the received goods or payments
together with any derived benefits (e.g. interest). In the event you are unable
to return all or part of the received goods or benefits (e.g. benefits of use) or
if you can only return them in a deteriorated condition you will be liable to provide
compensation for loss of value to an appropriate extent. This can mean that you
will have to continue meet your contractual payment obligations for the time period
preceding cancellation. Obligations to reimburse payments must be met within 30
days. For you, this time period begins on the day you dispatch your notice of cancellation.
11.3 Particular information
Your right of revocation will expire prematurely if the contract is fulfilled by
both parties at your express request before you have exercised your right of revocation.
§ 12 Use of "my easyfind"
12.1 rubicon offers the owners of valid easyfind articles, i.e. articles used to
apply a unique easyfind code to items of property, the option to register with "my
easyfind" under www.easyfind.ch.
12.2 Registration is effected by entering personal details such as name, address
and other contact details, as well as one or more easyfind codes to be assigned
to the customer.
12.3 Customers who have registered with "my easyfind" can then:
- Change contact and access details
- Register new easyfind codes
- Edit or delete existing easyfind codes
- Search for lost property using easyfind codes
- Delete all registration details
12.4 rubicon offers the finders of property bearing an easyfind code the option
to contact registered customers via www.easyfind.ch. However, no personal
information of registered customers is disclosed to the finder, but rather the finder's
contact details are forwarded to the registered customer who can then contact the
finder.
12.5 If necessary, rubicon may forward personal contact details of registered customers
to public lost property offices maintained by cities, municipalities, cantons or
public transport authorities. This information will only be shared if an item of
property bearing an easyfind code is handed in. The information may only be used
to facilitate the return of the property to its owner. The registered customer concerned
will be informed immediately by SMS and/or email.
12.6 rubicon will return keys and keyrings bearing an easyfind code
that are dropped into a postbox to the registered customer's specified address free of charge.
The registered customer concerned will be informed immediately by SMS and/or email.
12.7 rubicon will provide the services described under sub-sections
12.4, 12.5 and
12.6 for the duration of validity specified for each easyfind article. If
the service duration has expired it can be extended in the "my easyfind" section.
A corresponding service extension can be added to the shopping basket in the online
shop and a purchase concluded under the provisions of these GTCs.
12.8 Services provided by rubicon pursuant to sub-sections 12.4
and 12.5 serve to enable a finder or a lost property office
to contact a registered user and return the lost item of property. Finders are entitled
to claim a finder's fee in accordance with ZGB Section 722; property returned by
a lost property office may be subject to charges in accordance with the fee structure
valid at the time.
