1. Scope of the General Terms and Conditions
The Migros Aare Cooperative (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 promptly if it has at its disposal correct (in particular, up-to-date) and complete customer data.
3. Order and conclusion of the contract
For products to which minimum order quantities apply, no orders can be accepted for smaller quantities. The order will be binding upon the customer. The contract will be formed when the order is accepted by the Provider, either through its execution of the order or through its express confirmation to the customer.
4. Payment method
Payment must be made by credit card except in the case of corporate customers, who may pay against invoice using a giro payment slip. If the result of the credit assessment is negative, the Provider will not accept a payment by credit card or may refuse to accept the order. In individual cases, the Provider reserves the right to make delivery of its goods or services dependent upon an advance payment or the provision of security.
5. Shipping costs
Shipping costs will be charged 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.
Express post: CHF 16.00 (order receipt accounted for up to 4 p.m. Guaranteed delivery on next day up to 9 a.m.)
Registered: CHF 5.00 delivery within 3 working days
6. Late payment
If payment is not made on time, in addition to charging the statutory interest on arrears, the Provider reserves the right to cancel subsequent orders from the customer and to charge the customer for any collection expenses that are incurred.
Goods will only be delivered to destinations located within Switzerland and the Principality of Liechtenstein. Goods will be delivered by post using either registered or express mail, as preferred by the customer.
8. Delivery period
The Provider will endeavour to process orders by the requisite time, but it cannot assume liability if it fails to do so. The following delivery times generally apply: registered mail – within 3 working days; express mail – 9am the following day provided the order is received before 5pm. Therefore, if the time of delivery is crucial, 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.
10. Exchanging goods
It will not be possible to exchange goods or accept returned goods if the goods have been supplied correctly.
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. All further guarantee and warranty claims are excluded.
If complaints are made on account of defects or delivery of the wrong item, a copy of the online order must be enclosed when the item is returned. 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.
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 solely to Swiss law. The exclusive place of jurisdiction will be Berne.
Berne, July 2010