General Provisions and Application of the Terms and Conditions
The Zeltwelt GmbH specializes mainly in the sale of high-quality natural tents and the provision of related services. The General Terms and Conditions (GTC) apply as soon as a contract is concluded between us and the customer. They regulate the conditions under which we offer, sell and provide our products and services.
Our general terms and conditions apply to all business relationships with our customers, unless otherwise agreed in writing. Individual agreements concluded with the customer take precedence over these general terms and conditions. The customer's own general terms and conditions are not recognized unless this is expressly regulated in the individual agreement.
Please read these Terms and Conditions carefully before placing a binding order. By placing a binding order for our products or services, you agree to the following terms and conditions as well as our privacy policy (available on our website) and confirm that you are authorized to enter into legally binding contracts.
The Zeltwelt GmbH reserves the right to change these terms and conditions at any time. All changes will take effect upon publication of the new terms and conditions on the website. The relevant date for the applicability of the valid terms and conditions is the date of receipt of a binding order (see section 3, paragraph 2).
If you have any questions or concerns about the General Terms and Conditions, please do not hesitate to contact us.
conclusion of contract
The goods and services offered in our documents or on the website do not constitute a legally binding offer. We only create a binding offer or issue an order confirmation after receiving an inquiry expressing interest in a product or service. This contains the details of the product offered and the desired services, including the price and the delivery and service conditions. The offers or order confirmations are sent in writing by email or by post.
The purchase contract is concluded and becomes binding when a written confirmation from the customer is received and a deposit of at least 50% of the value of the goods has been made. Until the deposit has been received, we are entitled to revoke the offer and cancel any reservation at any time. The customer also has the right to withdraw from the contract up to this point. After the deposit has been received, the order is binding and cannot be changed or cancelled without our consent.
Should any changes or additions to the contract content be necessary after conclusion of the contract, these must be requested in writing and require the express consent of the Zeltwelt GmbH.
Offers and prices
All prices are listed in CHF and include the applicable VAT in Switzerland. The price calculations are subject to the Swiss market and may differ from those of our European partners.
Unless other prices have been agreed in writing with Zeltwelt GmbH, the current price lists on the day of the order apply. By placing an order, you declare that you agree to the total price for the ordered goods and the services listed.
We reserve the right to make price adjustments at any time. With the publication of new price lists verlieren all previous prices their validity. Current offers remain valid until they expire, provided that an order is received within the given period (4 weeks after the date of issue). An order after this Deadline shall To the new prices will be charged.
Custom-made items are offered separately depending on material and size and may differ from the standard prices listed.
Shipping and delivery costs are not part of the price lists and are charged separately according to expenditure.
Terms of payment
Unless otherwise agreed in writing, all of our products and services are subject to advance payment only. A deposit of at least 50% of the value of the goods is required upon conclusion of the contract. The remaining amount is due no later than the day the goods are handed over or the service is provided. Payment can be made by bank transfer to the account specified on the invoice or in cash upon delivery of the goods or service. Credit cards and other payment methods are possible upon agreement.
If payment is not made on time, the customer automatically falls into arrears (due date). In the event of late payment, we reserve the right to temporarily withhold delivery of the goods or provision of the service. A fee of CHF 40 will be charged for the cost of sending a reminder. In addition, the costs associated with debt collection and statutory default interest will be charged. Goods delivered despite late payment remain the property of the Zeltwelt GmbH (see Section 7, Paragraph 2).
Discounts and special offers are limited in time and only apply if they are expressly stated in our offer or on our website.
Services
In addition to selling natural tents, we also offer related services such as delivery and assembly by arrangement. These services relate exclusively to the products we offer and are offered individually. The costs are shown separately in an offer or order confirmation and are not included in the product price.
The Zeltwelt GmbH reserves the right not to provide agreed services or to only provide them at a new date if unfavorable or difficult conditions exist or if the necessary preparations by the customer have not been complied with. These conditions and preparations include, among others:
Unfavorable weather conditions
Wind, rain, snowfall or other adverse weather conditions which, from the point of view of Zeltwelt GmbH may complicate or endanger the security and feasibility of the service.
inaccessibility of the installation site
If the tent assembly location is inaccessible or unsuitable due to terrain conditions or other obstacles. If access to the assembly location is difficult or impossible, the nearest possible access point is considered the unloading location and for the handover of the goods. In this case, further or special transport is entirely the responsibility of the customer, who must also bear the corresponding additional costs.
Failure of the customer to comply with the preparations
If the customer fails to adequately carry out the preparations agreed in advance, such as providing sufficient and capable helpers, or if he has not provided suitable subsoil or prepared or cleared the installation site.
As the service provider, we decide whether the above conditions and preparations have been met and whether the service can be carried out. The additional costs incurred by a second trip or the additional effort required to carry out the service will be invoiced to the customer separately.
delivery conditions when purchasing goods
All information about the availability, shipping and delivery of a product is provisional and approximate. They do not represent binding or guaranteed shipping or delivery dates. The delivery time is only defined in a binding offer or in the order confirmation. By concluding the contract, the customer confirms the specified delivery time. Self-collection from the warehouse is only possible by appointment.
The prerequisite for the delivery or dispatch of the goods is receipt of full payment of the agreed purchase price.
Deliveries are made exclusively to a delivery address specified in Switzerland. Our European partners are responsible for the European market. Inquiries from abroad are therefore forwarded directly to our EU partners.
If the agreed delivery time cannot be met for reasons beyond our control and for which we are not responsible (such as force majeure, natural disasters, strikes or delivery problems from suppliers), the customer will be informed immediately. In these cases, delivery times may be extended by a reasonable amount and the customer is not entitled to any compensation.
If a corresponding hindrance to performance lasts more than 8 weeks after the agreed delivery date, the customer is entitled to withdraw from the contract by means of a written declaration. In this case, any payments already made will be refunded to the customer.
If the customer is responsible for the impediment to the service, such as incorrect information about the delivery address, no guaranteed access, failure to arrive despite an appointment or lack of preparation, the Zeltwelt GmbH will invoice the customer for any costs for a new delivery. Zeltwelt GmbH is also entitled to withdraw from the contract by means of a corresponding declaration. Payments already made will be refunded to the customer less the resulting effort refunded.
Partial deliveries are permitted provided they are reasonable. Each partial delivery can be invoiced separately.
Transfer of ownership, benefit and risk / retention of title when purchasing goods
The transfer of ownership, benefit and risk of the goods takes place when the goods are handed over to the customer or an authorized person at the agreed handover location. If direct access is not possible, the handover location is the nearest possible access point. These provisions also apply to partial deliveries.
If the delivery and handover of the goods takes place before full payment, the goods remain the property of the Zeltwelt GmbH. The customer agrees that the Zeltwelt GmbH will register this retention of title in the retention of title register and undertakes to cooperate as far as necessary.
Warranty / Notice of Defects when Purchasing Goods
The Zeltwelt GmbH guarantees that the goods correspond to the promised properties and have no defects that impair the value or suitability for the intended use.
The customer undertakes itself, after receiving the Commodity to check them immediately for correctness, completeness and possible damage (including transport damage). Any errors or damage found must be reported to Zeltwelt GmbH immediately, ie within one Week, in writing and with the attachment of relevant images. Defects that could not be discovered during a proper inspection and only appear later must also be reported in writing and with the appropriate images immediately after discovery. If you do not check the defect and report it immediately, the goods are considered approved, and you are no longer entitled to make claims against the Zeltwelt GmbH.
The warranty only covers defects that are due to material or manufacturing faults and that already existed at the time the goods were handed over. The warranty period is 2 years from the transfer of benefit and risk. If the goods are sold to another company, a 1-year warranty applies.
Any warranty obligation is excluded for damage of any kind caused by external influences, improper handling or neglected maintenance. This also includes damage caused by natural weather influences such as:
- algae and mold infestation
- Natural damage caused by wind, hail, snow, etc.
- signs of wear due to lack of control
- Improper storage
- repairs by third parties
- Any manipulation or modification of the product
For long-term outdoor use, we recommend regular inspections and, depending on the location and use, regular cleaning of the tent cover and care of the material. We offer our customers suitable products for aftercare. Tips for professional use and care instructions as well as any information on maintenance are available on our website. We are also available to advise our customers on general questions about maintenance and care.
The customer's warranty claims are limited to replacement delivery, repair or compensation for any reduction in value, to the exclusion of all other claims, in particular compensation for indirect and consequential damages. If a complaint is accepted, the Zeltwelt GmbH shall decide at its own discretion on replacement delivery, repair or compensation for a loss in value. The customer is only entitled to withdraw from the contract if a subsequent delivery or repair fails or is wrongfully refused.
After receipt of a complaint, the Zeltwelt GmbH will examine the defect complained of and decide on the further procedure (on-site inspection, return of the goods by the customer, type of defect rectification in the event of an acknowledgement of a complaint, etc.). In the event of an acknowledgement of the defect, the customer will be reimbursed for any return costs incurred by him. Shipments sent carriage forward will not be accepted and will be refunded to the Zeltwelt GmbH immediately returned to the customer.
Obtaining any necessary permit and/or permission for setting up and operating a natural tent is the sole responsibility of the customer. Any liability on the part of the operator for the lack of a necessary permit/permission is excluded. Zeltwelt GmbH waived.
Rentals
The Zeltwelt GmbH has specialized in the sale of natural tents and has basically stopped renting them. Rental requests are forwarded to our long-term partner «TOPAZ Abenteuer-Zeitreisen» (https://zeitreisen.ch/de/).
This does not apply to rentals of tents that are easy to set up, such as market stalls or festival tents, which can be set up by the customer themselves. The conditions for this are set out in a separate agreement.
In the case of rent, however, the Zeltwelt GmbH declines all liability during the entire rental period. The customer is fully responsible for the necessary safety during the rental and is solely liable for damage to persons and the rented material. The customer also undertakes to take the greatest care of the tent material taken over and to report any damage caused when returning it to the Zeltwelt GmbH. In the case of major repairs and cleaning, the customer will be invoiced for the costs afterwards. Tent covers may not be cleaned independently without prior agreement!
Liability
The Zeltwelt GmbH is liable for the violation of its obligations arising from the contractual relationship (sale of goods and related services) towards the customer as well as in accordance with these General Terms and Conditions for damages caused and proven by unlawful intent or gross negligence.
Liability for minor and moderate negligence as well as for indirect and consequential damages is expressly excluded, regardless of whether they arise from a contract, a tort or for any other reason. Indirect damages include, for example, lost profits, missed savings, financial losses or damage to reputation. In addition, Zeltwelt GmbH accepts no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
The above exclusions and limitations of liability of Zeltwelt GmbH do not apply in the event of culpable injury to life, body or health directly caused by them or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these Terms and Conditions, regardless of the reason and to the extent permitted by law, is limited to the price of the goods or services ordered by the Customer.
If an event occurs which is beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these General Terms and Conditions and the underlying contractual relationship.
An event beyond our control includes, for example, strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters or failure of local or private transport routes. If such an event beyond our control occurs which affects the performance of our obligations under the contract, we will notify you of this as soon as possible.
technical changes
We reserve the right to make technical changes to the items we offer, which contribute to the continuous improvement and development of the cuts.
Exchange / Return
If the goods you have purchased do not meet your expectations, there is generally no right to exchange or return them. However, you can submit a written request asking for such an option to be granted.
Custom-made items cannot be exchanged or returned. This also applies to cut-to-size goods and returned goods that show signs of wear.
Privacy Policy
The Zeltwelt GmbH collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data as well as your rights and related questions can be found in our privacy policy at https://www.zeltwelt.ch/datenschutz/, which is an integral part of these Terms and Conditions.
Responsible for data processing on this website is Zeltwelt GmbH, Fruthwilerstrasse 14, 8268 Salenstein.
We reserve the right to adapt this privacy policy if necessary to comply with current legal requirements.
Severability
Should a provision of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision shall be deemed to have been agreed whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. This applies accordingly to any regulatory gaps.
Applicable Law and Jurisdiction
These General Terms and Conditions, the contractual relationships underlying them and any disputes shall be governed exclusively by Swiss substantive law, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Zeltwelt GmbH or the customer's place of residence. For legal entities, the registered office of the Zeltwelt GmbH as the place of jurisdiction.
