General Terms and Conditions of Business (GT&C) of Kramer Toys GmbH

1. Scope of Application
When accessing the website or ordering goods, Kramer Toys GmbH, PonyCycle Switzerland and its customers are subject to the following currently available and valid general terms and conditions of business (GT&C).

A customer is any natural or legal person that maintains business relations with Kramer Toys GmbH, PonyCycle Switzerland. The general terms and conditions, the terms of delivery and payment, as well as the data protection regulations may change at any time. Kramer Toys GmbH, PonyCycle Switzerland asks you to read these terms and conditions carefully each time you visit the website and when ordering goods.

These terms and conditions apply exclusively. Conflicting, complementary, or deviating terms and conditions require the express written confirmation of Kramer Toys GmbH, PonyCycle Switzerland. By using this website or when ordering goods, the customer fully accepts these terms and conditions, including the terms of delivery and payment.

Should individual provisions of these GT&C prove to be ineffective or unenforceable, or should they become ineffective or unenforceable, then this shall not affect the validity of the remaining provisions.he operator of this website is Kramer Toys GmbH, PonyCycle Switzerland.


2. Content of This Website
The website of Kramer Toys GmbH, PonyCycle Switzerland contains information about products and services. We reserve the right to make price and product range changes as well as technical changes. All information on www.ponycycle-schweiz.ch (product descriptions, illustrations, films, dimensions, weight, technical specifications, accessory relationships, and other information) are to be understood as approximate values only and do not represent any assurance of properties or guarantees unless explicitly stated otherwise. Kramer Toys GmbH, PonyCycle Switzerland makes every effort to provide accurate, complete, up-to-date, and clear information on this website. However, Kramer Toys GmbH, PonyCycle Switzerland cannot guarantee that the information is correct, complete, up-to-date, nor clear.

All offers on this site are subject to change without notice and are not binding.

Kramer Toys GmbH, PonyCycle Switzerland cannot guarantee that the listed products are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and may change at any time without notice.


3. Prices
The prices quoted by Kramer Toys GmbH, PonyCycle Switzerland include the statutory value-added tax, unless stated otherwise. Prices are net prices in Swiss francs (CHF).

Kramer Toys GmbH, PonyCycle Switzerland delivers free of charge within Switzerland. Shipping costs for international orders are shown separately when making the order. For rentals, shipping costs will be charged additionally.

We reserve the right to make technical changes, errors, and misprints. Kramer Toys GmbH, PonyCycle Switzerland reserves the right to make price changes at any time. The sales prices do not include consulting and support services.


4. Conclusion of Contract
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from Kramer Toys GmbH, PonyCycle Switzerland. By placing an order via this website, including the acceptance of these general terms and conditions of business, the customer submits a legally binding offer to conclude a contract. Kramer Toys GmbH, PonyCycle Switzerland will then send an automatic "order confirmation" by email, confirming that the customer's offer has been received by Kramer Toys GmbH, PonyCycle Switzerland. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract comes into effect as soon as Kramer Toys GmbH, PonyCycle Switzerland sends a notice of acceptance by email confirming the shipment of the ordered products or services.

Orders are only delivered after receipt of full payment (exception: delivery against invoice) and if the goods are available. If, after conclusion of the contract, the ordered goods cannot be delivered or cannot be delivered completely, Kramer Toys GmbH, PonyCycle Switzerland is entitled to withdraw from the entire contract or parts of the contract. If the customer's payment has already been received by Kramer Toys GmbH, PonyCycle Switzerland, the payment will be refunded to the customer. If no payment has been made, the customer is exempted from the obligation to pay. Kramer Toys GmbH, PonyCycle Switzerland is not obligated to substitute deliveries in case of contract termination.


5. Payment Options and Retention of Title
The customer has the payment options specified in the order process. (Visa, Mastercard, E Finance, Postcard, Paypal, Cash Payment)

Kramer Toys GmbH, PonyCycle Switzerland reserves the right to exclude customers from individual payment options or to insist on prepayment without stating any reason.

Kramer Toys GmbH, PonyCycle Switzerland may charge interest of 5% per annum on arrears and a reminder fee of CHF 20.00 per reminder.

The products delivered to the customer remain the property of Kramer Toys GmbH, PonyCycle Switzerland until full payment has been received.


6. Delivery, Obligation to Inspect, Notification of Defects, and Return
Deliveries will be sent by post or courier to the address specified by the customer in the order. Invoices are sent by email or post. With the dispatch of the goods, the benefit and risk shall be transferred to the customer insofar as this is legally permissible.

If the delivery is undeliverable or the customer refuses to accept the delivery, Kramer Toys GmbH, PonyCycle Switzerland can send a letter of complaint informing the customer that the contract will be terminated within a set deadline and that the customer will be charged for handling costs.

The customer is obliged to check the delivered goods immediately after receipt of the delivery and to immediately notify Kramer Toys GmbH, PonyCycle Switzerland in writing by email or post about any defects for which it warrants (Legal Details).

Returns to Kramer Toys GmbH, PonyCycle Switzerland are at the expense and risk of the customer. The customer must return the goods in their original packaging, complete with all accessories, and together with the delivery note and a detailed description of the defects to the return address indicated by Kramer Toys GmbH, PonyCycle Switzerland.

If the inspection by Kramer Toys GmbH, PonyCycle Switzerland shows that the goods have no detectable defects or these do not fall under the manufacturer's warranty, Kramer Toys GmbH, PonyCycle Switzerland may charge the customer for the handling, return, or possible disposal of the goods.


7. Right of Withdrawal
The customer shall be granted the right of withdrawal within 10 calendar days of receipt of the goods. The deadline shall be deemed to have been met if the customer sends the written withdrawal to Kramer Toys GmbH, PonyCycle Switzerland by email (info@ponycycle-schweiz.ch) or post (Kramer Toys GmbH, Schwarzhaarhalde 7, 4665 Oftringen) before the set deadline. The withdrawal does not require any justification.

Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories, and together with the delivery note to the return address specified by Kramer Toys GmbH, PonyCycle Switzerland in. Returning goods to Kramer Toys GmbH, PonyCycle Switzerland is at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if Kramer Toys GmbH, PonyCycle Switzerland has already received the goods or the customer can provide proof of shipment.

Kramer Toys GmbH, PonyCycle Switzerland reserves the right to demand reasonable compensation for damage, excessive wear, or loss of value due to improper handling and to deduct the reduction in value from the purchasing price already paid or to charge the customer.

In the following cases, no right of withdrawal is granted:

  1. If the contract has a random element that is subject to price fluctuations over which the provider has no influence.
  2. If the subject matter of the contract is a tangible movable object, which, due to its nature, is not suitable for return or can spoil quickly.
  3. If the subject matter of the contract is a tangible movable object made according to the specifications of the customer or tailored to personal needs.
  4. If the contract relates to digital content and such content is not made available on a physical data storage medium or if the contract is to be fully concluded immediately by both parties.
  5. If the contract relates to a service and the contract is to be fulfilled in full by the provider with the prior express consent of the consumer before the period of withdrawal has expired.
  6. In the areas of accommodation, transportation, food and beverage, and recreational activities, when the contractor agrees to provide the services at a specific time or within a specified period.


8. Warranty
Kramer Toys GmbH, PonyCycle Switzerland strives to deliver goods of impeccable quality. In case of defects notified in due time, Kramer Toys GmbH, PonyCycle Switzerland assumes the warranty for freedom from defects and full functionality of the object purchased by the customer during the statutory warranty period of usually two years from the date of delivery. It is at the discretion of Kramer Toys GmbH, PonyCycle Switzerland to provide the warranty by free repair, equivalent replacement, or by refund of the purchasing price. Any further claims are expressly excluded from the warranty.

The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer, third parties, or defects due to external circumstances. The warranty for expendable items and wearing parts is also excluded.

Kramer Toys GmbH, PonyCycle Switzerland gives no representations and warranties as to the timeliness, completeness, and accuracy of the data, or as to the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks, and other content. In particular, no representation or warranties are given that the use of this website does not infringe any rights of third parties that are not owned by Kramer Toys GmbH, PonyCycle Switzerland.


9. Liability
Kramer Toys GmbH, PonyCycle Switzerland excludes any liability, irrespective of its legal basis, as well as claims for damages against Kramer Toys GmbH, PonyCycle Switzerland and any auxiliary persons or vicarious agents. Kramer Toys GmbH, PonyCycle Switzerland shall not be liable in particular for indirect damages and consequential damages, loss of profit, personal injury, damage to property, and pure financial losses of the customer. Liability according to mandatory law, in particular for gross negligence or unlawful intent, is reserved.

Kramer Toys GmbH, PonyCycle Switzerland uses hyperlinks only for the customer's simplified access to other websites. can neither know the content of these websites in detail nor assume any liability or responsibility for the content of these websites.


10. Protection of Data Privacy
Kramer Toys GmbH, PonyCycle Switzerland may process and use the data collected within the scope of the conclusion of the contract to fulfil the obligations arising from the purchase contract and may use it for marketing purposes. The data necessary for the fulfilment of services can also be passed on to contracted service partners (logistics partners) or other third parties.

The data protection regulations are available here: Data protection


11. Other Provisions
Kramer Toys GmbH, PonyCycle Switzerland expressly reserves the right to amend these general terms and conditions at any time and to enact them without prior notice.

In the event of disputes, Swiss law shall apply exclusively, excluding conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.

The place of jurisdiction is Oftringen, as far as the law does not stipulate any other mandatory legal venue.


12. Contact
If you have any questions about these general terms and conditions, please contact: Legal Details

 

Version: 13 November 2017