Legal & Impressum

VARSY’S® is a registered trademark of Boostplus GmbH

Boostplus GmbH
Hirtenhofring 30
6005 Luzern, Switzerland
E-Mail: [email protected]
Telephone: +41 41 511 4200
MWST / VAT / UID: CHE 496.225.312

Website concept & design by
Boostplus GmbH
[email protected]
www.boostplus.ch

General terms and conditions 

 

Please note: Only the English version of these General Terms and Conditions of Boostplus GmbH is legally binding. Any translations in other languages are provided for information purposes only and have no legal force. By accepting these General Terms and Conditions, you automatically accept the English original.

1 Scope

These general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shop www.varsys.ch (hereinafter referred to as “online shop”). The online shop is operated by Boostplus GmbH (hereinafter “Boostplus”).

VARSY’S® is a registered trademark of Boostplus, and any statements or reference to VARSY’S shall be equally applicable to Boostplus.

Boostplus reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognized.

The range of products and services available in the online shop (hereinafter “offer”) is intended for customers whose place of residence or place of business is Switzerland or Liechtenstein. Customers from any other country hereby agree that only the consumer rights laws of Switzerland and this GTC shall apply, and explicitly waive all other rights they may claim due to their place of residence or delivery.

Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18, and that they are authorized by the cardholder or account holder to use the payment method utilized in the checkout process.

2 Representation

Boostplus assumes no liability (neither expressly nor impliedly) for the accuracy, completeness and timeliness of the information published on the Boostplus website; even though all due care was taken during the collection of sources regarded as trustworthy. All information published on the website is made available by Boostplus and is for personal use and information purposes only; it may be changed at any time and without prior notice.

In particular, the site may contain translation errors, in which case customers should refer to the English version of the website as the preferred source in case of conflicting information between language versions.

Boostplus is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.

All prices quoted are net, in Swiss Francs, and include value added tax (VAT). Packaging costs and delivery costs, as well as any additional charges and costs may be added to the order at the time of checkout. Boostplus reserves the right to change prices of products and services at any time.

3 Binding Contract

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.

A contract for products or services from Boostplus shall be deemed binding with Boostplus as soon as an order has been placed and paid for by the customer in the online shop and the payment has been received by Boostplus (hereinafter referred to as “contract”).

Customers are informed of their order placement by means of an automatically generated order confirmation by Boostplus, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore established with Boostplus under condition of deliverability and correct price quotation.

If the product is not available for any reason or its price was inaccurately posted, the contract will be terminated immediately without further input from the parties. Boostplus will inform the customer immediately if this situation occurs. If the product has already been delivered to the customer, the title to the item will automatically revert to Boostplus and the customer will be required to return it in exchange for a refund from Boostplus of the purchase price. If the product has not already been delivered to the customer, the customer will not be obliged to pay the purchase price or accept delivery. If either situation occurs, Boostplus is not required to make a substitute delivery.

Boostplus reserves the right to cancel a contract for any reason.

4 Withdrawal

Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by Boostplus is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Boostplus will refund the customer any amount paid in advance. No further claims towards Boostplus apply.

5 Shipment & Delivery

At its own discretion, Boostplus may employ Swiss Post, Deutsche Post, DHL or DPD as a logistics provider.

The customer assumes all liabilities for purchased goods immediately upon the transfer of custody of goods from Boostplus to the logistics provider. The customer agrees that Boostplus is not liable for any damage or loss during transport and that the customer will file any necessary claims directly with the logistics company.

Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage. In the case that issues are found, the customer must:

  1. State the defect on the delivery note.
  2. Inform Boostplus by email to [email protected] of any defects, or false or incomplete deliveries, immediately after detection thereof and no later than five calendar days after receipt of the delivery/collection.
  3. Retain the product in the condition it was delivered in and may not use it.

Any taxes, customs duties, or other fees that may be incurred due to international shipment outside of Switzerland are solely the responsibility of the customer. The customer’s refusal to accept such fees does not void the purchase contract.

It is the customer’s responsibility to ensure the delivery address is correct and reachable. The customer must verify that the product fits through any entrances, for instance staircases, doorways, etc. If the products cannot be transported to the place of use, or if the address is incorrect, the customer must bear any additional charges.

Should the customer refuse or be unable to accept the ordered products on the arranged or provided delivery date, Boostplus may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.

6 Warranty & Returns

Boostplus warrants for two years from delivery date that the ordered product will be free from defects and fully functional. Boostplus shall provide warranty either by:

  • Repairing the product free of charge (original warranty period continues to apply to the entire product);
  • Providing a partial or full replacement with an equivalent product (original warranty period continues to apply to the entire product);
  • Providing a refund at current price (no more than the sales price at the time of the original order); or
  • Giving a price reduction or in-store credit towards future purchases.

Boostplus grants the right to return ordered products within a maximum of 14 calendar days from the shipment date, with the following conditions and exceptions: products marked as on sale or listed as special items are non-returnable; all food products are explicitly excluded from warranty coverage and are not eligible for return; custom-ordered or customized products are not eligible for return.

Postal charges for the return shipment of products are borne by the sender, unless:

  • The product received is incorrect
  • The product received was not ordered
  • The product is incomplete

Customers must register the return of a product through email communication with [email protected] and return it according to the instructions given.

Only goods in absolutely new condition with all original packaging, parts and accessories are eligible for return. Returns must include the original bill of sale. Damaged products cannot be returned or will be fully invoiced to the customer, respectively. Products returned without a valid RMA number issued by Boostplus will be rejected and in this case Boostplus assumes no liability for any associated costs such as return shipment.

Returns that cannot be allocated or returned to a customer are retained for three months by Boostplus before being disposed of, and the customer thereby waives all claims and rights to such goods.

7 Liability and Exclusion of Liability

In no event shall Boostplus be liable for slight negligence; indirect and consequential damage and subsequent damage and loss of profit; unrealized savings; damage resulting from delivery delay; damage resulting from an order being cancelled; breach of contract; or any acts and omissions on the part of auxiliary persons of Boostplus, be this contractual or non-contractual.

Moreover, Boostplus is not liable for damage resulting from the following causes:

  • storage, setting or use of products that is improper, unlawful or contrary to contract;
  • use of incompatible spare parts or accessories;
  • failure to maintain and/or improper modification or repair of the products by our clients or a third party;
  • force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Boostplus or official orders.

8 Payment

All payments for products and services purchased on the Boostplus online shops are made via the PayPal and PostFinance payment gateways. Payment must be made in Swiss Francs. When paying by credit card or other instant payment methods, the amount is debited at the time of order.

Delivery is made only after receipt of the full payment.

9 Order Change or Cancellation

Payment of the order obliges the customer to accept the products and services. Boostplus may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 50, as well as any value loss of the ordered products.

In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

10 Privacy Policy

Our privacy policy is an integral part of these GTC. By accepting these GTC, customers also agree to our privacy policy.

11 Disclaimer

Boostplus accepts no liability for loss or damage of any kind – whether it be for direct, indirect or consequential damage that may arise from the use of or access to the Boostplus websites or from any links to third-party websites. Boostplus does not warrant that the individual parts of the website run flawlessly. Furthermore, Boostplus accepts no liability for any manipulation of the internet user’s IT system by unauthorized persons. Boostplus expressly points out the risk of viruses and the possibility of targeted hacker attacks. In order to prevent viruses, using the latest browser version as well as installing a regularly updated antivirus software is recommended. Users should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.

The entire content (design, text, graphics, etc.) of the Boostplus websites is copyright protected. The websites’ individual elements are the exclusive property of the website operator. The saving or printing of individual pages and/or sections of the Boostplus websites is only permitted with full reference to the source. By saving or reproducing software or other data from the Boostplus websites, the respective terms and conditions are deemed accepted. All property rights shall remain with Boostplus. The (full or partial) replication, transmission (electronically or by other means), modification, linking or use of the Boostplus websites is permitted only with the express written authorization of Boostplus.

Furthermore, it is prohibited, in particular, to use tools (e.g. spiders, crawlers and other automatic tools) designed to systematically and automatically access, index and/or transmit Boostplus website content. Boostplus explicitly reserves the right to take action against the responsible parties, namely to claim compensation for damages.

Certain links on the Boostplus websites lead to third-party websites, which are completely beyond the control of Boostplus. Accordingly, Boostplus assumes no responsibility for the accuracy, completeness and legality of the contents of such websites or for any offers and services contained therein.

12 Severability & Jurisdiction

Should individual terms of these GTC be ruled invalid or void by a competent court of law, the validity of the other provisions of these GTC shall remain unaffected and in force.

All legal relations between Boostplus and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The exclusive place of jurisdiction for any claim or dispute is Luzern, Switzerland.

 

Luzern, Switzerland

Last updated: April 2018