Terms and Conditions : Terms and Conditions (GTC) for contracts of sale of thisispark.com

1 General

1.1
All services provided by the supplier to the customer are made exclusively on the basis of the following terms and conditions. Derogations are only valid if they have been agreed in writing between the seller and the customer.

2 Validity of the Terms and Conditions and Contract

2.1
These terms and conditions (GTC) shall apply to sales contracts with individual customers and companies that are completed on thisispark.com.

2.2
The offers on thisispark.com are non-binding invitation for the customer to order goods on thisispark.com.

2.3
By ordering the desired goods on thisispark.com the customer makes a binding offer to conclude a purchase contract.

2.4
The order will be confirmed by the supplier. The contract is concluded when the confirmation is received by the customer. If the confirmation fails within a reasonable time, the order should be considered as rejected and the customer shall be entitled to enter into a new contract.

2.5
Orders placed other than via the website such by phone, fax or letter shall be subject to these terms and conditions. The customer shall be advised in the confirmation of the order that he/she can download the Terms & Conditions at thisispark.com. If a customer does not agree with the terms and conditions in such cases, it may cancel its order (see 6.1).

3. Prices and Special Offers

3.1
Within Switzerland Park Products GmbH covers all the benefits that are necessary in due fulfilment of the contract. The agreed price in particular covers packaging, transportation, insurance costs, expenses, and all taxes including VAT.

3.2
For deliveries ouside of Switzerland Park Products GmbH covers all the benefits that are necessary in due fulfilment of the contract. The agreed price in particular covers packaging, transportation, insurance costs, expenses, and all import taxes and customs duties excluding VAT. The price does NOT include VAT as this is not levied by Park Products GmbH but is to be paid to the supplier on receipt.

3.3
The supplier reserves the right to change prices at any time. Customers will be bound to pay the price published on the website at the time of odering.

3.4
Information relating to promotions and discounts will be available at the relevant time and webpage.

4. Packing and shipping costs

4.1
Deliveries within Switzerland will be handled by Swiss Post. Deliveries within the EU will be handled by Swiss Post or by DPD ( Switzerland ) AG.

4.2
For all Swiss orders the published rate includes the cost of packaging and shipping PostPac Economy ( B parcel post ). Shipping within Switzerland and the EU is free.

5. Delivery

5.1
Goods will be dispatched after receipt of payment.

5.2
Delivery time within Switzerland is usually 3-5 working days. Delivery time within the EU is usually 5-9 working days. If a longer delivery period is necessary, the customer will be informed, at the latest within the 7 working days usual delivery period.

5.3
In case of delayed deliveries, caused by force majeure, any act, event, non-happening, omission or accident beyond our reasonable control (including “acts of God”), the supplier shall not bear any responsibility and no claims for damages may be made against the seller.

5.4
Goods are normally deliverable only within Switzerland and the EU. On request, deliveries may be made to other countries.

6. Revocation rights and right of withdrawal

6.1
The customer can withdraw from the contract within 14 days without giving reasons and without penalty. The period for exercise of this right shall begin on the day on which the goods arrive with the customer. The customer can return goods at his own cost. Any payment made in respect of the goods will be refunded by the supplier.

6.2
Following the lapse of the 14 day period the customer can no longer withdraw from the purchase contract.

7. Liability and Warranty

7.1
The customer should inspect the goods on delivery and report defects immediately. Latent defects can be notified to us even after use of the goods (within a reasonable period). Payments shall not constitute a waiver of the right to notify of a latent defect.

7.2
If there is a defect, the customer shall have a choice of: a free repair, a refund or a replacement.

7.3
If the customer does not notify us of a defect following receipt of goods the customer will not be able to return goods other than in the case of latent defects. (See 7.1)

8. Payment

8.1
The customer has the option to pay with Visa, Mastercard, Paypal, PostFinance Card or PostFinance e-finance.

9. Retention of Title

9.1
Until full payment for the goods has been made by the customer the goods remain the property of the supplier.

Liability for Online Connections

10.1
The supplier agrees to ensure that personal data provided to it on this website or systems/programmes over which the supplier has control is treated securely and in accordance data protection rule.

10.2
Customers also have a duty to ensure the security of the systems, programmes and data under their control. Customers should keep secret their passwords and user names and not reveal these to third parties.

10.3
The supplier is not liable for defects and malfunctions over which the supplier has no control, especially security lapses and breakdowns of third-party companies with whom the supplier contracts and is reliant upon for services.

10.4
Further, the supplier is not liable for acts of God, improper acts or disregard for risks by the customer or third parties, excessive strain, unsuitable equipment by the customer or third parties , extreme environmental conditions, intervention or interference by the customer or third parties (viruses, worms , etc.) which occur despite the safety precautions put in place by or on behalf of the supplier.

11. Suppliers of thisispark.com

11.1
The customer concludes a contract with:
PARK Products GmbH
Rousseaustrasse 59
CH-8037 Zurich

12. Law and Place of Jurisdiction

12.1
These terms and the contracts and any agreement concluded thereunder shall be subject to Swiss law, including the provisions of the Code of Obligations (OR) under exclusion of the UN Sales Convention (CISG ).

12.2
The courts of Zurich, Switzerland shall have jurisdiction to hear all disputes.

13. Final provisions

13.1
Should one or more provisions of these terms be invalid, this shall not affect the validity of the entire contract. The ineffective provision shall be replaced by the relevant statutory provision.