Terms of service
COMFORT RIDING GMBH
Terms and Conditions
1. Scope of Application
1.1
The following Terms and Conditions apply to all contracts concluded between Comfort Riding GmbH and its customers and business partners. The respective valid version of these Terms and Conditions forms an integral part of the contract.
1.2
A customer is any natural person who concludes a contract for purposes intended for their personal or family needs (private customers). Only persons who have reached the age of 18 and who have legal capacity at the time of concluding the contract are entitled to enter into contracts with Comfort Riding GmbH.
Legal entities with whom Comfort Riding GmbH enters into purchase agreements or other arrangements are also considered customers.
1.3
These Terms and Conditions govern the details of the contractual relationship and also contain important consumer information. You can access these Terms and Conditions via links in our webshop during the ordering process, save them on your computer and/or print them.
1.4
By placing an order, you accept the following terms and conditions. These terms shall in any case take precedence over any conflicting provisions submitted by the purchaser or contained in such documents.
2. Conclusion of Contract
2.1
The contract is concluded when you order our products via our webshop or through other channels.
2.2
For orders placed via the webshop, the following applies:
The presentation of goods in the webshop does not constitute a legally binding offer but a non-binding online catalog. Minor deviations and technical changes compared to illustrations or descriptions are possible.
A binding order is only placed once you have entered all data required for the execution of the contract, confirmed that you have taken note of these Terms and Conditions, and clicked the “Buy” button. Until clicking this button, you can place products in the shopping cart without obligation and correct your entries at any time using the correction tools provided and explained during the ordering process. Submitting the order constitutes your offer to conclude a contract with us.
After submitting your order, you will receive an automatically generated order confirmation by email. This confirmation contains the details of your order, which you can save and print. The order confirmation does not constitute acceptance of the contract; it merely documents that your order has been received.
2.3
The time at which the contract with us is concluded depends on the payment method you have selected:
Advance payment
We accept your order by sending a separate acceptance declaration by email, in which we provide our bank details.
Credit card
By submitting the order, you provide your credit card details and the credit card company carries out an authorization check. Once you are authenticated as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged upon submission of the order. The contract is concluded at the time the credit card is charged.
PayPal, PayPal Express, Twint
During the ordering process, you will be redirected to the website of the online payment provider PayPal or Twint. There you can enter your payment details and confirm the payment instruction. After submitting the order in the shop, we request PayPal or Twint to initiate the payment transaction and thereby accept your offer.
3. Prices
3.1
The prices listed in the webshop at the time of ordering apply. Errors and omissions excepted. The prices stated on the product pages include statutory value-added tax and other price components and are exclusive of shipping costs. Deliveries outside Switzerland are made without charging Swiss VAT. Any additional taxes (import VAT) and customs duties incurred must be borne by the customer.
4. Shipping Costs
4.1
The shipping costs applicable to delivery can be found on our website. Shipping costs will be displayed again when the ordering process is initiated.
5. Delivery Conditions
5.1
Costs and risks of transport are transferred to the buyer upon provision of the goods by us (ex works).
5.2
The delivery period begins on the date the order is received, but not before all details necessary for the execution of the order have been clarified. No fixed delivery date is guaranteed. Delivery times depend on incoming orders and other conditions. In the event of delayed delivery due to force majeure or other unavoidable obstacles despite reasonable care, including transport delays, strikes, or labor disputes affecting our suppliers, we shall not be in default for the duration of such events. Claims for damages due to delay or subsequent objective impossibility of delivery are excluded, except in cases of intent or gross negligence.
5.3
Delivery within Switzerland is carried out by Swiss Post to your home address. Delivery to post office boxes or poste restante addresses is not possible.
5.4
If not all ordered products are in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for you.
5.5
If the ordered product is unavailable because we are not supplied by our suppliers through no fault of our own, or due to a production bottleneck, we may withdraw from the contract. In such a case, we will inform you immediately. If we do not withdraw from the contract, delivery will be made as soon as possible. Withdrawal by the customer due to delayed delivery is not possible.
6. Payment Terms
6.1
Upon conclusion of the purchase contract, you owe the purchase price.
6.2
Payment may be made by advance payment, credit card, PayPal, or Twint.
6.3
If advance payment is selected, our bank details will be provided in the order confirmation. The invoice amount must be transferred to our account within 10 days. If payment is not made within 10 days, you will be in default. In this case, we reserve the right to charge a reminder fee of CHF 30.– in addition to the invoice amount with the first reminder. The outstanding invoice amount (including default interest and reminder fees) may be assigned or sold for collection purposes. The customer is also obligated to reimburse all costs incurred due to late payment.
6.4
For payments by credit card, PayPal, or Twint, your account will be charged when the payment transaction is carried out. If items paid by credit card are returned, a credit will be issued to your credit card account.
7. Right of Return
7.1
You may return delivered goods within 30 days of dispatch without stating reasons. Excluded are items made especially for you (personalization, custom-made products), also items that have already been used or washed.
7.2
The right of return is exercised by returning the goods.
7.3
You bear the costs of return shipping.
7.4
A prerequisite for exercising the right of return is that the goods are returned in full and with all accessories. Partial returns are not possible.
7.5
If you exercise your right of return, we will refund all payments received from you within fourteen (14) days from the day the goods are received by us. The refund will be made using the same payment method you used for the original transaction, unless expressly agreed otherwise.
8. Complaints
8.1
Transport damage must be reported to us immediately. No replacement can be granted without a damage report.
8.2
Complaints regarding goods must be made within 8 days. After this period, the shipment is deemed accepted. Defects that were not recognizable during proper inspection must be reported to us immediately by email after discovery; otherwise, the ordered goods are deemed approved with respect to these defects as well.
8.3
Defects will be remedied at our discretion either by subsequent performance, namely elimination of the defect (repair), or delivery of a defect-free item (replacement). Goods returned by customers become our property again. If repair fails after the second attempt, you are entitled to withdraw from the contract. If repair or replacement delivery is not possible, you may choose between a reduction of the purchase price or withdrawal from the contract.
8.4
Otherwise, the statutory warranty rights pursuant to the Swiss Code of Obligations (CO) apply.
8.5
We do not grant guarantees in the legal sense. Manufacturer warranties remain unaffected. We assume no liability for descriptions by third parties, in particular other customers, within customer reviews published in the online shop or on our social media platforms.
9. Liability
9.1
All cases of breach of contract and their legal consequences, as well as all claims by you—regardless of the legal basis—are conclusively regulated in these Terms and Conditions. Any other claims by you, irrespective of the legal basis, are excluded. We are not liable for damage not caused to the goods themselves.
9.2
Any further liability is excluded to the extent permitted by law. Claims for lost profit and consequential damages are also excluded. Claims for damages arising from the breach of essential contractual obligations are limited—to the extent permitted by law—to the typical, foreseeable damage.
9.3
We are liable for slight negligence only in accordance with mandatory statutory provisions, in particular those of the Swiss Product Liability Act.
9.4
The limitation period for asserting claims for damages is three years and begins at the time the act giving rise to the claim occurred. If statutory limitation periods result in a shorter limitation period for us in individual cases, these shall apply.
10. Data Protection Notice
We collect and process personal data for order processing, customer relationship management, and our marketing communications. In this context, we may transmit data to third parties, such as delivery service providers, where necessary. For the technical processing of data, we sometimes use external service providers. If you no longer wish to receive information and offers from us, you may object to the use of your data at any time by sending us an informal notification.
11. Amendments to the Terms and Conditions
Comfort Riding GmbH may amend these Terms and Conditions unilaterally at any time. The current version shall apply in each case.
12. Place of Performance and Jurisdiction
The place of performance for delivery and payment is Würenlos (AG). The competent court for disputes arising from or in connection with these Terms and Conditions and contracts between you and us is the court of Baden (AG). Swiss substantive law shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
13. Final Provisions
If any provision of these Terms and Conditions is invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the relevant statutory provisions.