Last Update: 10. August 2023

Table of contents

• Validity of the GTC
• Contact and service details
• General Information on Offers and Orders
• Ordering Process and Conclusion of Contract
• Contract Text and Contract Language
• Prices and Shipping Costs
• Payment Methods and Terms
• Purchase on account
• Delivery, Availability of Goods
• Instructions on Withdrawal
• Warranty and Liability
• Change of GTC
• Dispute Resolution

1. Validity of the GTC

• Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
• All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
• A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
• “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. Contact and service details

MARTIN GABRIEL by

MARTIN GABRIEL GmbH
Kirchgasse 13
6490 Andermatt
Switzerland

+41 791796471
office@martingabriel.ch

3. General Information on Offers and Orders

• The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
• Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
• Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

4. Ordering Process and Conclusion of Contract

• By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
• A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
• A contract between the Customer and the Vendor may also be concluded by telephone. The Customer may submit a binding offer to the Vendor by telephone or, in the event that the Vendor submits a binding offer, accept it by telephone.
• A contract between the Customer and the Vendor may also be concluded by means of information provided in a contact form. The Customer may submit a binding offer to the Vendor by means of a contact form or, in the event that the Vendor submits a binding offer, accept it by means of a contact form.
• A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

5. Contract Text and Contract Language

• The contract languages are German and English, contracts can be concluded in these languages.

6. Prices and Shipping Costs

• Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
• Information page with details of delivery and shipping costs: https://martingabriel.ch/delivery/

7. Payment Methods and Terms

• When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
• The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
• Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged after the Customer’s authorisation as the legitimate cardholder.
• Cash payment upon collection of the goods – Payment is made in cash upon collection of the goods.

8. Purchase on account

• If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

9. Delivery, Availability of Goods

• The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
• Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
• If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
• Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.

10. Instructions on Withdrawal

• The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.

11. Warranty and Liability

• Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
• Deviations in quality, weight, size, thickness, width, finish, pattern, colour, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.

12. Change of GTC

• The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.

13. Dispute Resolution

• The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
• We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.