General Terms and Condition

1. Scope of the General Terms and Conditions Neue Brünnen AG (hereinafter referred to as the “Provider”) operates an online shop on the website www.westside.ch. The online shop’s goods and services will be provided solely on the conditions specified in these General Terms and Conditions (GTC), in the version that is valid at the time when the contract is concluded (cf. Point 3).
 

2. Data protection
The customer data that has been collected by the Provider will be processed exclusively in connection with the conclusion and execution of the contract with the customer, and it will not be passed on to third parties for any other purpose. The customer is aware of the fact that the Provider can only process orders without a delay when it has at its disposal correct (in particular, up-to-date) and complete customer data.
 
3. Order and conclusion of the contract
The order will be binding upon the customer. The contract will come into being when the order is accepted by the Provider, through its execution of the order or through its express confirmation to the customer.
 
4. Payment method
Payment will be effected on account by means of a payment slip or by credit card. If the result of the credit assessment is negative, the Provider will not accept a payment by credit card. In individual cases, the Provider reserves the right to make the furnishing of its goods or services dependent upon an advance payment or the provision of security.
 
5. Shipping costs
Shipping costs will be charged for in the amount of the costs that have actually been incurred, or using a flat fee for each order of which notification will be given when the contract is concluded.
 
6. Delayed payment
If payment is not made in due time, in addition to the charging of the statutory interest on arrears, the Provider reserves the right to cancel subsequent orders of the customer and to charge the customer for any collection expenses that are incurred.
 
7. Delivery
Goods will only be delivered to destinations located within Switzerland and the Principality of Liechtenstein. Goods will be delivered by post.

8. Delivery period
The Provider will endeavour to process orders within two working days, but it cannot assume liability if it does not do so. Therefore, in the case of urgent orders, it is recommended that the item the customer wishes to purchase be obtained directly from the Westside Shop or from the Westside information desk (gift cards only). If an order is still outstanding after 5 working days, the customer is asked to inform the Provider of this.
 
9. Refusal to accept
If the customer unjustifiably refuses to accept the goods that have been delivered, the costs incurred by the Provider will be charged to the customer. The Provider’s entitlement to performance of the purchase contract will remain unaffected by this.
 
10. Exchanging goods
It will not be possible to exchange goods or accept returned goods if the goods have been supplied correctly.
 
11. Guarantees/complaints
If the item that has been supplied is defective, and provided that the customer has returned the defective item, the Provider’s guarantee will consist, at its discretion, in either supplying another item which is free from defects or in releasing the customer from the contract and refunding the payments that have already been made by the customer. Any further guarantee and warranty claims are excluded.
If complaints are made on account of defects or the delivery of the wrong item, when the item is returned, a copy of the online order must be enclosed with it. The cost of returning the item will be payable by the customer.
In the case of vouchers, the Provider will not guarantee the goods and/or services obtained using vouchers. Guarantee and warranty claims can only be asserted against the provider of the goods and/or services in question.
 
12. Liability
At all events, the Provider’s liability will be limited to losses that have been caused deliberately or through gross negligence.
 
13. Applicable law and place of jurisdiction
The contracts that exist with customers will be subject to Swiss law, alone. The exclusive place of jurisdiction will be Berne.
 

Berne, April 2009