General terms and conditions

Last updated: December 2021

Please note: Only the English original of these General Terms and Conditions of per toi switzerland gmbh is legally binding. All other translations are provided for information purposes only and have no legal force. By accepting these General Terms and Conditions, you automatically accept the English original.

1 Scope of application

The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops https://www.pertoi.com (hereinafter individually referred to as “online shop”). These general terms and conditions also apply to all legal transactions made within the scope of per toi switzerland gmbh’s partner programme (hereinafter “partner programme”). The partner programme allows selected third-party providers (hereinafter “partners”) to offer products and services under their own name and sell them to customers via the pertoi switzerland gmbh online shop.

per toi switzerland gmbh reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised. The range of products and services available in the online shop, including the scope of the partner programme, (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is the European Union or Switzerland. Deliveries are made exclusively to addresses in the European Union or Switzerland.

Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last. Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18. Large orders exceeding a standard amount may be refused without reason.

2 Information

2.1 Product and price

Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.

Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding.

All prices quoted are net, in Euros, include value added tax (VAT) and, where applicable, include packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. per toi switzerland gmbh and the partners reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.

Any additional services subject to a fee are listed separately in the shopping cart and on the invoice.

2.2 Availability and delivery times

per toi switzerland gmbh is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for per toi switzerland gmbh as well as for partners. Therefore, all information on availability and delivery times is subject to change.

3 Contract conclusion

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.

A contract for products or services from per toi switzerland gmbh shall be deemed concluded with per toi switzerland gmbh as soon as an order has been placed by the customer in the online shop (hereinafter referred to as “contract”).

For products and services offered by a partner, the contract is concluded between the partner and the customer as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail. per toi switzerland gmbh only mediates in the sales and acts as intermediary and service provider for partners, but does not act as contracting party for the customer.

Customers can see in the online shop and on the invoice who the supplier or rather the contracting party for any purchase is (either per toi switzerland gmbh or the partner).

Customers are informed of their order placement by means of an automatically generated order confirmation by per toi switzerland gmbh, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with per toi switzerland gmbh or the partner under condition of deliverability and correct price quotation.

4 Delivery date

Together with the confirmation, the customer is either provided with a provisional delivery time or is contacted so that an individual delivery date can be arranged.

If delivery by per toi switzerland gmbh or the partner is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, per toi switzerland gmbh will refund the customer any amount paid in advance. No further claims towards per toi switzerland gmbh or the partner apply.

5 Delivery

For products and services by per toi switzerland gmbh, all delivery options described under “Delivery” in the online shop are available to the customer.

Products and services purchased from a partner can only be shipped to a customer.

The delivery address in the European Union or Switzerland must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.

Should the customer refuse to accept the ordered products on the arranged or provided delivery date, per toi switzerland gmbh or the partner may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.

6 Customer obligation to inspect products

Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.

If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.

The customer shall inform per toi switzerland gmbh of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery at the latest. This also applies to products and services by partners. The customer is aware that this information needs to be given via the section “Contact Us” in https://www.pertoi.com/contact-us. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in https://www.pertoi.com/return-policy.

7 Liability and exclusion of liability

Liability is based on the applicable legal provisions. However, in no event shall per toi switzerland gmbh or the partner be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of per toi switzerland gmbh or the partner, be this contractual or non-contractual.

8 Payment

8.1 Payment methods

per toi switzerland gmbh claims all payments for products and services purchased on the per toi switzerland gmbh online shops directly from the customer. Partners assign any payment claims resulting from the purchase contract between the partner and the customer to per toi switzerland gmbh (cession). The customer acknowledges this cession and is obliged to make payments to per toi switzerland gmbh only. Payment must be made in Euros. Payment methods available to customers for the online shop are listed under “Payment methods”.

The current fees can also be viewed under “Payment methods” and are given in detail in the ordering process.

When paying by credit card or other instant payment methods, the amount is debited at the time of order.

Products that are delivered to customers directly by a partner or an external distributor are only ordered upon receipt of payment.

9 Returning non-defective products

per toi switzerland gmbh, or the respective , guarantees the right to return a product under the conditions listed in the https://www.pertoi.com/return-policy.

The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.

It is the customer’s responsibility and obligation to delete all personal data stored on the product before transferring ownership to per toi switzerland gmbh or the partner. per toi switzerland gmbh and their service partners retain the right to carry out additional deletions/resets to the product and delete any personal data. A total loss of data must be expected. per toi switzerland gmbh assumes no liability for any third-party access, use, editing or ownership of any remaining data stored on the product.

Should customers exercise their right of return according to the above-mentioned return conditions, per toi switzerland gmbh shall refund the total purchase price.

Further provisions

10.1 Non-allocatable returns

Returns that cannot be allocated or returned to a customer are retained for six months by per toi switzerland gmbh or the partner before being disposed of.

10.2 Data privacy protection

The https://www.pertoi.com/privacy is an integral part of these GTC. By accepting these GTC, customers also agree to the privacy statement.

10.3 Partial invalidity

Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this. 10.4 Place of jurisdiction and applicable law All legal relations between per toi switzerland gmbh and customers as well as between partners and customers are subject to substantive EU & Swiss law.

The following exclusive places of jurisdiction apply: For any claims resulting from purchase contracts in which one party is per toi switzerland gmbh: For claims by consumers, the place of jurisdiction that applies is Zurich or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Zurich. For any claims resulting from purchase contracts in which one party is a partner: For claims by consumers, the place of jurisdiction that applies is the partner’s domicile or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is the partner’s domicile. 10.5 Copyright notice

All rights to these GTC, particularly copyrights, are reserved by per toi switzerland gmbh.

All reproduction, distribution or other use is prohibited except with written permission from per toi switzerland gmbh. In the event of breach of this requirement, per toi switzerland gmbh reserves the right to take legal action.

December 2021