General terms and conditions of subtel GmbH

1) Scope

1.1 These terms and conditions of subtel GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after entering their personal data, the Customer submits a legally binding contractual offer with respect to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer after sending their order, along with these terms and conditions, in text form (e.g., email, fax, or letter). Additionally, the contract text is archived on the Seller's website and can be accessed by the Customer via their password-protected customer account by entering the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending their order.

2.6 Before submitting the order in a binding manner via the Seller's online order form, the Customer can correct their entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Detailed information on the right of withdrawal can be found in the Seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 The prices stated by the Seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 Various payment options are available to the Customer, which are specified in the Seller's online shop.

4.3 If advance payment has been agreed upon, payment is due immediately after conclusion of the contract.

4.4 When selecting the payment method "PayPal", payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This presupposes, among other things, that the Customer opens a PayPal account or already has such an account.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is regularly carried out by shipping to the delivery address specified by the Customer. In processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the Customer at PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment.

5.3 As a rule, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer when the goods are dispatched or handed over to the commissioned transport person.

5.4 Collection by the Customer is not possible for logistical reasons.

6) Liability for Defects

The statutory liability for defects applies.

7) Redemption of Promotional Vouchers

7.1 Vouchers issued free of charge by the Seller within the framework of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

7.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

7.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

7.4 Only one Promotional Voucher can be redeemed per order.

7.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

7.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

7.7 The balance of a Promotional Voucher will not be paid out in cash nor will it accrue interest.

7.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their contractual right of withdrawal, provided such a right has been agreed upon.

7.9 The Promotional Voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder's lack of authorization, legal incapacity, or lack of power of representation.

8) Applicable Law, Jurisdiction

8.1 If the Customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's place of residence.

8.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of residence or business.