General terms and conditions with customer information

Table of contents

1. scope
2. conclusion of contract
3. right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. liability for defects
7. Governing Law, Jurisdiction

1) Scope

1.1 These terms and conditions of pocket gadgets, trading under "pocket-gadgets.ch" (hereinafter "seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online goods and/or services presented in the shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he/she also issues a payment order to his/her payment service provider by clicking the button that completes the ordering process. In this case, in deviation from Section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that completes the order process.

2.5 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.

2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent. However, the text of the contract can no longer be accessed by the customer via the seller's website after the order has been sent.

2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 The prices quoted by the seller include statutory value added tax and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The customer has various payment options available, which are specified in the seller's online shop.

4.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.

4.4 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is allowed to pay by credit card after checking the creditworthiness, the payment will be processed in cooperation with secupay AG, to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, declarations of cancellation and cancellations or credit notes.

4.5 If the "PayPal" payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:// www.paypal.com /ch /webapps /mpp /ua /useragreement-full ?locale.x=de_CH . This presupposes, among other things, that the customer opens a PayPal account or already has such an account.

5) Delivery and shipping conditions

5.1 Goods are regularly delivered to the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.

5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are handed over for dispatch or when they are handed over to the transport person commissioned.

5.4 Collection by the customer is not possible for logistical reasons.

6) Liability for Defects

The statutory liability for defects applies.

7) Governing Law, Place of Jurisdiction

7.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Movables, and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.

7.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.