GENERAL TERMS AND CONDITIONS OF
1. scope of application
For the use of this website as well as the business relationships between Starlings GmbH, Aeschstrasse 1, 8127 Forch and its customers, the following General Terms and Conditions apply in the version that is currently available and valid when the website is accessed or when goods are ordered. The offer on this website is aimed exclusively at customers with Swiss residence.
Any natural or legal person who maintains business relationships with Starlings is referred to as a customer. The terms and conditions, the delivery and payment conditions as well as the data protection provisions may be adjusted from time to time. Starlings requests that you read these terms carefully each time you visit the website and each time you order goods.
These terms and conditions apply exclusively. Conditions that contradict, supplement or deviate from these terms and conditions require express written confirmation by Starlings in order to be valid. When using this website or when ordering goods, the customer confirms that he fully accepts these terms and conditions, including delivery and payment conditions.
Should individual provisions of these terms and conditions prove to be ineffective or unenforceable, or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is Starlings.
2. Information on this website
Starlings contains information about products and services. We reserve the right to make changes to prices and ranges as well as technical changes. All information on www.starlings.ch (product descriptions, images, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and, in particular, do not represent any assurance of properties or guarantees, unless explicitly stated otherwise . Starlings endeavors to provide all details and information on this website that are correct, complete, up-to-date and clearly arranged, but Starlings can neither expressly nor tacitly guarantee this.
All offers on this website are non-binding and are not to be understood as binding offers.
Starlings cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and can change at any time and without notice.
Unless otherwise stated, the prices quoted by Starlings include the statutory value added tax. The prices are strictly net in Swiss Francs (CHF).
Unless otherwise provided, any shipping costs will be charged additionally and must be paid for by the customer. Shipping costs are shown separately in the ordering process.
We reserve the right to make technical changes, errors and misprints, in particular Starlings can make price changes at any time and without prior notice. Advice and support services are not included in the sales prices.
4. Conclusion of a contract
The offers on this website represent a non-binding invitation to the customer to order products and / or services from Starlings. With the order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. Starlings then sends an automatic “order confirmation” by email, which confirms that the customer's offer has been received by Starlings. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal. The seller can also accept the offer by means of an order confirmation sent in writing (letter) or electronically (email).
The contract is concluded as soon as Starlings sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders are only delivered after receipt of full payment (exception: delivery against invoice) and if the goods are available. If, after the conclusion of the contract, it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Starlings is entitled to withdraw from the entire contract or from part of the contract. If the customer's payment has already been received by Starlings, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay. Starlings is not obliged to make a replacement delivery in the event of a contract termination.
Starlings is entitled to refuse to accept the order, for example after checking the customer's creditworthiness.
5. Payment options and retention of title
The payment options specified in the order process are available to the customer.
Starlings reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.
If the customer defaults on payment, Starlings can charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder.
The products delivered to the customer remain the property of Starlings until full payment has been made.
6. Delivery, inspection obligation, notification of defects and return
Deliveries are sent by post or courier service to the address specified by the customer in the order. Invoices are sent by email or post. With dispatch, the benefit and risk are transferred to the customer, as far as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Starlings can terminate the contract after notification of the complaint by email to the customer and setting a reasonable deadline and invoice the costs for the activities.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects for which Starlings guarantees immediately in writing by letter or email to the address in the advertisement.
Returns to Starlings are made for the account 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 given by Starlings.
If the inspection by Starlings shows that the goods do not have any detectable defects or that these are not covered by the manufacturer's guarantee, Starlings can invoice the customer for the activities, the return or any disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation by email (firstname.lastname@example.org) or letter (Starlings, Aeschstrasse 1, 8127 Forch) to Starlings within the deadline
The revocation does not require justification.
Exercising the right of withdrawal leads to the contract being reversed. The customer must return the goods in their original packaging within 10 calendar days, complete with all accessories and together with the delivery note to the return address specified by Starlings. Returns to Starlings are made for the account and risk of the customer. Any payment that has already been made will be refunded to the customer within 20 calendar days, provided that Starlings has already received the goods back or the customer can provide proof of dispatch.
Starlings reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the decrease in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence.
If the subject of the contract is a movable item which, due to its nature, is not suitable for return;
If the subject of the contract is a movable item that is manufactured according to the consumer's specifications or is clearly tailored to personal needs;
If the contract is about digital content and this content is not made available on a fixed data carrier or if the contract must be fulfilled in full by both parties immediately;
If the contract is about a service and the contract has to be fulfilled in full by the provider with the prior express consent of the consumer before the withdrawal period has expired.
In the areas of accommodation, transport, delivery of food and beverages as well as leisure activities, if the provider undertakes to provide the services at a certain time or within a precisely specified period of time.
Starlings strives to deliver goods of perfect quality. In the event of defects reported in good time, Starlings guarantees that the item purchased by the customer is free from defects and that it is functional during the statutory warranty period of usually two years from the delivery date. It is at Starlings' discretion to provide the warranty through free repair, equivalent replacement or a refund of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties, as well as defects that can be traced back to external circumstances. The warranty for consumable and wearing parts (e.g. batteries, accumulators, etc.) is also excluded.
Starlings is not able to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, it is neither warranted nor guaranteed that the use of the website will not infringe any rights of third parties that are not in the possession of Starlings.
Starlings excludes any liability, regardless of its legal basis, as well as claims for damages against Starlings and any auxiliary persons and vicarious agents. In particular, Starlings is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal, property or pure financial damage to the customer. Further mandatory statutory liability, for example for gross negligence or illegal intent, is reserved.
Starlings only uses hyperlinks for the customer's easier access to other web offers. Starlings can neither know the content of this website in detail nor assume liability or other responsibility for the content of these websites.
10. Data protection
Starlings may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations from the purchase contract and use it for marketing purposes. The data necessary for the performance of the service can also be passed on to commissioned service partners (logistics partners) or other third parties.
11. Further provisions
Starlings expressly reserves the right to change these terms and conditions at any time and to bring them into effect without notice.
In the event of a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UN sales law (CISG, Vienna Sales Law) is explicitly excluded.
The place of jurisdiction is Glarus, insofar as the law does not provide for any mandatory places of jurisdiction.
If you have any questions about these terms and conditions, please contact Starlings GmbH, Aeschstrasse 1, 8127 Forch or email@example.com