Terms of service
1. Scope
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions that are concluded via the online shop merch.spozz.club (hereinafter referred to individually as "online shop"). The online shop is operated by SPOZZ.club (hereinafter referred to as "SPOZZ.club").
SPOZZ.club reserves the right to change these terms and conditions at any time. The version of these General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order. Conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized.
The offer is valid if the product can be found in the online shop via the search engine and/or stocks last.
For all product orders that require a minimum age of 18, the customer confirms compliance with these legal provisions with the order.
Orders in non-household quantities can be rejected without justification.
2. Information
2.1 Product and price
Images of products in advertising, brochures, online shop, etc. are for illustration purposes and are non-binding.
All sales prices published in the online shop are final prices that include all taxes (in particular VAT), any early recycling fees (ARF), costs for packaging/s and any other duties, fees or costs (excluding delivery costs). SPOZZ.club reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
2.2 Availability and delivery time
SPOZZ.club attaches great importance to providing up-to-date availability and delivery times in the online shop. However, there may be delays in delivery, particularly due to production or delivery bottlenecks. All information on availability and delivery time is therefore without guarantee and can change at any time.
3. Conclusion of contract
The products and prices in the online shop are considered an offer. However, this offer is always subject to the contract-dissolving condition of an impossibility of delivery or an incorrect price quotation.
The purchase contract for products or services from SPOZZ.club is concluded with SPOZZ.club as soon as the customer places their order in the online shop (hereinafter referred to as "purchase contract").
The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from SPOZZ.club to the e-mail address provided. The receipt of the automatically generated order confirmation does not contain any promise that the product can be delivered. It only shows the customer that the order placed has arrived at the online shop and the contract with SPOZZ.club has thus come about under the condition of the delivery option and the correct price indication.
4. Delivery date
If SPOZZ.club is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In this case, SPOZZ.club will reimburse the customer for amounts already paid in advance. Any further claims against SPOZZ.club do not exist.
5. Delivery
For products from SPOZZ.club, all delivery options are available to customers, which are noted in the online shop under "Delivery".
The customer's delivery address must be easily accessible by truck. If this is not the case, the customer bears any additional costs.
If the customer chooses the delivery option "delivery to the place of use", the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the entrances (e.g. stairwell, doors etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, SPOZZ.club can dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.
6. Inspection obligation
The customer must immediately check the delivered products for correctness, completeness, and delivery damage.
In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries must be reported to SPOZZ.club within 5 calendar days from the time of delivery. Customers are not allowed to use this product. You must keep it in the original packaging as received and follow the instructions from SPOZZ.club.
7. Warranty
SPOZZ.club guarantees 30 days for exchanges and returns if you receive a damaged product. After this period has elapsed, you will no longer be able to benefit from our basic warranty conditions.
SPOZZ.club can optionally honor the warranty with:
- Partial or complete replacement of the product in case of damage.
All other warranty provisions, in particular statutory provisions, are excluded.
8. Liability and disclaimer
Liability is based on the applicable legal provisions. However, SPOZZ.club is under no circumstances liable for (i) slight negligence, (ii) indirect and indirect damage and consequential damage and loss of profit, (iii) unrealized savings, (iv) damage from delay in delivery and (v) any acts and omissions of the auxiliary persons by SPOZZ.club, be it contractual or non-contractual.
Incidentally, SPOZZ.club reject liability in the following cases:
- improper, non-contractual or illegal storage, adjustment or use of the products;
- force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which SPOZZ.club is not responsible, and official orders.
9. Payment
9.1 payment options
SPOZZ.club asserts all payment claims for products and services purchased via the online shops of SPOZZ.club directly from the customer.
Customers can use the payment options offered in the online shop as a means of payment.
The current payment method fees, which may be charged by SPOZZ.club, can be seen in the online shop checkout and are shown in detail in the ordering process.
When paying by credit card or other means of immediate payment, the charge is made when the order is placed.
Products in the warehouse of SPOZZ.club suppliers are reserved until payment has been made.
9.2 retention of title
Ordered products remain the property of SPOZZ.club until full payment has been made to SPOZZ.club.
10. Order change or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of customer orders can be accepted by SPOZZ.club at its own discretion and an administrative fee of 20% of the canceled order value, but at least CHF 60.00, as well as any loss in value of the canceled products since they were ordered.
If a (partial) delivery impossibility (condition subsequent) occurs after an order or the conclusion of a contract in accordance with Section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or delivery failure are excluded.
11. Return of goods free of defects
Under the conditions listed in the refund policy, SPOZZ.club grants the right to return the ordered products.
The products must be properly packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged in full to the customer.
When handing over a data medium or a product with a data memory contained therein to SPOZZ.club, a complete loss of data must be expected in any case. Customers are responsible for proper data backup and the protection of their data. SPOZZ.club assumes no liability for any loss of data.
If customers make use of their right of return, SPOZZ.club will refund the entire purchase price less any small-volume surcharge paid and the return costs listed in the return guidelines.
In connection with every return of products for which the import customs clearance has taken place on behalf of the customer, the customer authorizes and commissions SPOZZ.club with the export customs declaration of the returned products and application for any reimbursement of the Swiss import duties in the name and on behalf of the customer. If the customer was not able to deduct the import tax or only partially as input tax and the other requirements for the import tax refund due to re-export of the ordered products are met, SPOZZ.club refunds the customer the import tax paid in advance after receipt of the corresponding amount from the Swiss Federal Customs Administration. For companies listed in the Swiss or Liechtenstein VAT register, proof of non-deductibility of the import tax must be provided by appropriate confirmation from the Federal Tax Administration.
In this context, the customer assures SPOZZ.club that the details and list of the returned products are complete and correct according to the return slip generated by the customer in the return process, and that the returned item contains the products described in the return slip. The customer fully indemnifies SPOZZ.club from all third-party claims in connection with an incomplete or incorrect customs declaration caused by the customer. SPOZZ.club has the right to check the information provided by the customer on the basis of spot checks.
12. Additional provisions
12.1 unaccountable returns
Returns that cannot be assigned to a customer or cannot be returned to the customer will be kept by SPOZZ.club for six months and then disposed of.
12.2 undeliverable guaranteed goods
If goods that are related to the provision of warranty according to clause 7 cannot be returned, SPOZZ.club is entitled to dispose of the goods after six months, to dispose of them.
12.3 privacy
The data protection declaration applies to the processing of personal data by SPOZZ.club.
12.4 partial invalidity
Should individually provisions of these General Terms and Conditions be invalid or ineffective, this has no effect on the effectiveness of the remaining provisions and these General Terms and Conditions as a whole.
12.5 jurisdiction and applicable law
All legal relationships between SPOZZ.club and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable.
The following exclusive places of jurisdiction apply:
Switzerland is the place of jurisdiction for all claims arising from purchase contracts in which SPOZZ.club is a contractual party. In all other cases Switzerland is the exclusive place of jurisdiction.