AGB`s

**General Terms and Conditions for Purchases from the Online Shop at [Marc Storace].**

1. applicability and scope

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between STORACE Store and the customer (hereinafter referred to as "Customer", "Buyer" or "You") for products (hereinafter referred to as "Products" or "Goods") purchased via our website storace.ch (hereinafter referred to as "Online Shop" or "Website").

The online shop is operated by:

Cream of Rock GmbH
Loomatenweg 17
8957 Spreitenbach

storace.ch

Individual agreements concluded with the customer take precedence over these GTC. Conflicting terms and conditions of the customer shall not be recognised.

STORACE Store reserves the right to change these T&Cs at any time. Any changes will become effective upon publication of the new T&Cs on the Website. The relevant point in time for the applicability of the valid GTC is, in the case of the purchase of a product, the date of the submission of the binding order to us.

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our privacy policy and declare that you are authorised to enter into legally binding contracts and are at least 18 years of age.

2. conclusion of a purchase contract

The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to the clientele to order the product in the online shop. STORACE Store expressly reserves the right to change the products themselves as well as the contents, e.g. pictures, assortment, prices and the descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information relating to our products are for information purposes only and are not binding on STORACE Store.

The customer can place a binding order for the products he/she has selected via our online shop. The customer can place the products he selects in the "shopping cart". This is not yet considered a binding order. An order shall only be deemed to have been bindingly placed when the customer clicks on the button ["order subject to payment"] on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the information at any time, recognise any input errors and correct them if necessary before the binding final submission of the order.

An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our GTC accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer.

After you have placed a binding order, STORACE Store is free, at its sole discretion, either to accept the order or to reject it by sending you an appropriate notification by email and without assuming any liability to you or any third party. Any payment already made will be refunded to you if the order is cancelled. Reasons for refusing an order may include, for example, if a product is no longer available, if we are unable to obtain authorisation for the customer's payment or if there is reason to believe that the customer is acting in breach of these T&Cs, individual contracts, fraudulent or other criminal activity or for any other significant reason.

Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance takes place through the dispatch of the ordered products.

Any commercial distribution or resale of our products is strictly prohibited.

3. availability and reservation of performance for products that cannot be delivered

All information about the availability, dispatch and delivery of a product is provisional and approximate. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.

Our products are available while our stocks last. If, while processing your order, we discover that the products you have ordered are not available, we will inform you immediately. In this case, a contract for the products that are not available will not be concluded as the ordered products cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.

4. prices and shipping costs

Our products and prices correspond to those indicated on the website. All prices are in CHF (Swiss francs). The total price of your order, including all ancillary and shipping costs, is displayed at the end of the ordering process. Additional customs charges may apply when shipping to countries outside of Switzerland. These are not included in the price and must be paid by the customer.

With the binding order you declare that you agree with the total price for the ordered products. After the binding order, the price can no longer be adjusted.

STORACE Store reserves the right to change prices at any time. Products will be charged on the basis of the prices offered at the time the binding order is placed.

5. terms of payment/credit assessment

Orders are generally due for payment immediately.

The customer has the option to pay using the means of payment displayed on the website or during the order process. These may change from time to time and on a country-specific basis. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those according to the respective credit rating). STORACE Store is expressly authorised by the Customer to carry out creditworthiness checks at its own discretion and to pass on Customer data to third parties for this purpose if necessary.

By choosing the means of payment, the customer authorises the payment either by entering the credit card data or access data of a payment service provider. The customer authorises STORACE Store to collect payments in the corresponding way. In case of chargebacks, STORACE Store is entitled to reimbursement of the related costs and bank handling fees. Furthermore, STORACE Store shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay by credit card or alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and address details and to request authorisation from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, STORACE Store reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.

6. delivery conditions

Deliveries are always made via the delivery service of Swiss Post AG. For deliveries outside Switzerland, the following delivery services are used: Swiss Post AG or couriers such as DHL, DPD, UPS, TNT. The shipping costs incurred are displayed in the shopping cart and must be paid in advance by the buyer.

The products that you order in our online shop and that are in stock will be delivered to you within 3-14 working days after receipt of full payment, depending on the destination. You can use the shipment number to track the current location of your order.

If the hindrance to performance lasts more than 3 weeks after the original delivery date, the customer is entitled to revoke his order. Further claims, in particular claims for damages, are excluded.

Should the delivery of the product fail through the fault of the customer despite three attempts at delivery, STORACE Store may withdraw from the contract. Any payments made will be refunded immediately.

7. retention of title

STORACE Store remains the owner of the products delivered until they have been paid for in full.

8. right of revocation and return

Requirements

For all purchases of our products via our online shop (with the exception of certain products; cf. the withdrawal restrictions below), you as a consumer have a right of withdrawal within 14 days of receipt of the products without stating any reasons. You may withdraw from the contract within 14 days of receipt of the goods or a third party named by you who is not the carrier may withdraw from the contract by returning the goods to us or by sending us a clear declaration of withdrawal in text form (e.g. a letter or e-mail sent by post) about your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is complied with if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be sent to the above address of STORACE Store.

If you cancel the contract, and if the goods are properly returned, we will refund the total price paid by you, including delivery costs (with the exception of costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and no later than 14 days from the day on which we received notification of your cancellation of this contract or on which we received the goods. The repayment will be based on the original payment method used and will always be made to the associated account that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Please ensure that you have access to the account specified, as STORACE Store accepts no liability in this regard.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation. In the event of a lost package, your return can only be credited upon presentation of this document.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Revocation restrictions

The right of withdrawal does not exist

in the case of contracts for the delivery of products that have been customised according to your own specifications or that are clearly tailored to your needs (so-called customised, individualised products).
if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
if the delivery concerns sound carriers such as CDs where the seal has been removed or damaged.

9. notice of defects/warranty

STORACE Store warrants that the goods comply with the warranted characteristics and do not have any defects that impair their value or their suitability for the intended use.

Upon receipt of the products, the customer must immediately check them for correctness, completeness and any damage. Defects or damage must be reported to STORACE Store within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the goods will be deemed to have been approved and you will no longer be entitled to make any claims against us.

The statutory warranty provisions against manufacturing defects/material or production faults apply. Products damaged through the buyer's own fault are excluded from the warranty.

The customer's warranty claims are limited to replacement delivery to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. STORACE Store decides on replacement delivery or rectification at its own discretion. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in the event of significant defects.

For complaint notification or service questions, please contact us stating the order number, the customer number, a description of the fault and other helpful information:

The defective product must be returned to STORACE Store's above address with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please obtain confirmation of your return and retain this confirmation, as your warranty claim cannot be processed in the event of a lost package.

10. complaints and grievances

We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning of this document. We will endeavour to investigate your enquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have any complaints or inquiries, please help us by informing us of the exact problem or error signs and, if necessary, provide a copy of the order documents or at least indicate the order number, customer number, etc. We aim to respond to you within 5 working days.

11. Liability

STORACE Store is liable for breach of its own obligations under these GTC and the contractual relationships based thereon for damage caused and proven by it through unlawful intent or gross negligence. Liability for slight and medium negligence as well as for indirect and consequential damages, whether based on contract, tort or any other cause, is expressly excluded. Indirect damages include, for example, loss of profit, pecuniary loss, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of the services of Krokus Store. Furthermore, STORACE Store assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb and health directly caused by STORACE Store or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act.

Subject to the foregoing, the total liability under these GTC, irrespective of the reason, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us.

Event outside our sphere of influence

In the event of an event beyond our control (force majeure), we shall not be liable or responsible for any failure to perform or delay in performance of any obligation under these Terms and Conditions and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:

In the event of strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor or other means of public or private transport.

If there is an event outside our control that affects the performance of our obligations under the Contract, we will notify you at the earliest opportunity.

12. data protection

STORACE Store collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For further information on the processing of your personal data, your rights and related issues, please see our Privacy Policywhich forms an integral part of these GTC.

13 Copyright

The information and content published on the website are protected by copyright and are the property of STORACE Store or the respective rights holder. The reproduction, editing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. STORACE Store and the relevant rights holder expressly reserve all rights in this respect.

14 Severability clause

If any provision of these GTC is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of the conclusion of the contract. The same applies to any loopholes in these GTC.

15 Applicable law and place of jurisdiction

These GTC, the contractual relations based on them and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws 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 STORACE Store or the customer's place of residence. For legal entities, the place of jurisdiction is exclusively the registered office of STORACE Store.

These provisions apply only to the extent that there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.