These General Terms and Conditions (“Terms”) of Menetsattel AG, Gewerbezentrum Walke, CH-9100 Herisau (hereinafter “Menetsattel”) regulate the business relationship between Menetsattel and their customers. They also regulate the rights and obligations of customers in connection with the use of the website www.menetsattel.ch and the online shop on that site. Between Menetsattel and its customers the following Terms and are valid in the version that is currently available and in force when the website is accessed or when goods are ordered or a contract is concluded.
A customer is defined as any natural or legal person who maintains business relations with Menetsattel. These Terms, the terms of delivery and payment as well as the data protection provisions may be adapted from time to time.
These Terms apply exclusively. Conflicting, supplementary or deviating conditions require the express written confirmation of Menetsattel to become valid. By using the website, ordering goods or concluding a contract, the customer confirms acknowledges accepting these Terms including delivery and payment conditions.
www.menetsattel.ch contains information about products and services (e.g. fitting or adjusting saddles and repairs). We reserve the right to change prices and range of products as well as making technical changes. All information on www.menetsattel.ch (product descriptions, illustrations, videos, dimensions, weights, technical specifications, relationship to accessories and other information) are to be understood as approximate values only and in particular do not represent any guarantee as to features nor does it represent a warranty, unless explicitly stated otherwise. Menetsattel strives to ensure that all data and information on this website is correct, complete, up-to-date and clearly arranged, but Menetsattel cannot guarantee this, either explicitly or implicitly.
The range of goods and services presented on this website is non binding and not to be understood as a binding offer.
Menetsattel cannot guarantee that the listed products are available at the time of ordering. Therefore all information about availability and delivery times are without guarantee and can change at any time and without notice.
Unless otherwise stated, the prices quoted on www.menetsattel.ch include statutory value added tax. Prices are quoted gross in Swiss Francs (CHF).
Unless otherwise stated, any shipping costs will be charged in addition and are to be paid by the customer. Shipping costs are shown separately in the order process. From an order value of CHF 200, Menetsattel delivers free of shipping costs.
Saddles ordered are measured and delivered personally. The cost of this service is included in the purchase price of the saddle.
Menetsattel cannot exclude the possibility of technical changes, errors and misprints. In particular, Menetsattel may make price changes at any time and without notice.
www.menetsattel.ch presents the customer with a non-binding invitation to order products and/or services or to make use of consulting services. By placing an order via www.menetsattel.ch , whether by telephone or in writing, which includes accepting these Terms, the customer submits a legally binding offer to conclude a contract. When an order is placed via the online shop, Menetsattel sends an automatic "order confirmation" by email, which acknowledges that the customer’s purchase offer has been received by Menetsattel. Orders that have been placed are binding for the customer.
The contract for a purchase of goods is concluded as soon as Menetsattel sends a written declaration of acceptance (by email, post or fax), in which the dispatch of the ordered products or services is confirmed or if Menetsattel verbally confirms the order and in addition the entire purchase price has been paid by the customer.
The contract for the purchase of a saddle is concluded as soon as Menetsattel confirms the customer’s order orally or in writing (by e-mail, post or fax).
If it turns out after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered completely, Menetsattel is entitled to withdraw from the entire contract or from a part of the contract. If the customer’s payment has already been received by Menetsattel, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from obligation to pay. When a contract is cancelled in this way, Menetsattel is not obligated to make a substitute delivery.
The contract for a consulting service is concluded as soon as Menetsattel expressly declares acceptance of the order to the customer.
When purchasing goods the customer has a choice of payment options, as listed by Menetsattel.
Menetsattel reserves the right to demand payment in advance or a deposit or advance payment as well as to exclude customers from individual payment options without stating reasons.
Until full payment has been received, the goods remain the property of Menetsattel.
Menetsattel may charge interest on arrears of 5% per annum and a reminder fee of a maximum of CHF 20 per reminder and/or withdraw from the contract and/or refuse any further deliveries of goods or services.
All stated delivery times and delivery deadlines are without guarantee.
Saddles ordered are delivered personally and are measured up and adjusted on site.
Other shipments are sent by mail or courier service to the address indicated by the customer in the order. Upon dispatch, the benefit and risk are transferred to the customer, insofar as this is legally permissible.
If the shipment cannot be delivered or if the customer refuses to accept the delivery, Menetsattel can dissolve the contract after notifying the customer by e-mail and after fixing a time limit, also charge the costs incurred in the process.
The customer is obliged to check the delivered goods immediately upon receipt of the shipment and to notify Menetsattel immediately in writing by letter or e-mail of any defects for which Menetsattel provides a warranty.
Goods are returned to Menetsattel at the customer’s expense and risk. The customer must send the goods to Menetsattel in the original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects.
If the inspection by Menetsattel shows that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, Menetsattel may charge the customer for the work involved, as well as the cost of returning the goods to the customer or disposing of them.
The customer is granted a right of cancellation for seven calendar days after receipt of the goods. The deadline is considered to have been met if the customer returns the goods to Menetsattel within this period. The cancellation does not require a reason.
The exercise of the right of cancellation leads to a reversal of the contract. The customer must return the goods in their original packaging, unopened and complete with all accessories and together with the delivery note. Returns to Menetsattel are at the expense and risk of the customer. Any payment already made (excluding shipping costs) will be refunded to the customer, if Menetsattel has already received the goods back or the customer provides proof that they have returned the goods.
Menetsattel reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct this loss in value from amount refunded or to charge it to the customer.
No right of cancellation is granted if the contract concerns an item which is produced according to the customer’s specifications or is clearly tailored to personal needs (e.g. all saddles).
Menetsattel endeavours to deliver goods in perfect quality. In the case of defects reported on time, Menetsattel assumes the warranty for functionality and freedom from defects of the item purchased by the customer throughout the legal warranty period of two years from the delivery date. It is at Menetsattel’s discretion to fulfil the warranty by repair without charge, by replacement by an item of equal value or by refund of the purchase price. Further claims are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty.
Menetsattel is not able to give assurances or guarantees for the up-to-dateness, completeness and correctness of data on the website, nor for the continuous or undisturbed availability of the website, its functionalities, integrated hyperlinks and other contents. In particular it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties which are not within Menetsattel’s control.
Menetsattel excludes any liability, regardless of its legal basis, as well as claims for damages against Menetsattel and any auxiliary persons and agents. Menetsattel is in particular not liable for indirect damages and consequential harm caused by a defect, lost profit or other personal, material and pure financial damages on the part of the customer or third parties. Further mandatory legal liability, for example for gross negligence or illegal intent, remains reserved.
Menetsattel uses hyperlinks on www.menetsattel.ch only as an aid to the customer’s access to other website offers. Menetsattel can neither know the content of these websites in detail, nor can Menetsattel assume liability or other responsibility for the content of these websites.
The Menetsattel data protection declaration of 1st July 2020 is an integral part of these Terms.
Menetsattel expressly reserves the right to modify these Terms at any time and to put the modified version into effect without notice.
Should individual provisions of these Terms be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions which come closest to the economic purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies in the event of any loopholes in the provisions.
In the event of disputes, only substantive Swiss law shall apply, excluding conflict of laws regulations. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
In the event of a dispute, the German version of these terms and conditions shall prevail.
The place of jurisdiction is Herisau, insofar as the law does not provide for compulsory places of jurisdiction.