GENERAL TERMS AND CONDITIONS (GTC)
1. Scope
The following General Terms and Conditions (GTC) apply to the use of this website and the business relationships between MERZCO (www.merzco.ch), Kreuzstrasse 23A, 8802 Kilchberg, and its customers in the version that is accessible and valid at the time of website access or order placement. The offer on this website is exclusively aimed at customers residing in Switzerland.
A customer is any natural or legal person who maintains business relationships with MERZCO. The GTC, delivery and payment terms, as well as the data protection provisions, may be amended from time to time. MERZCO requests that these provisions be read carefully during each visit to the website and for every order placed.
These GTC apply exclusively. Any terms that conflict with, supplement, or deviate from these GTC require the express written confirmation of MERZCO to be valid. By using this website or placing an order, the customer confirms that they fully accept these GTC, including the delivery and payment terms.
If individual provisions of these GTC prove to be invalid or unenforceable, or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is MERZCO.
2. Information on this Website
MERZCO provides information about products and services. Changes to prices, product ranges, and technical specifications are reserved. All details on www.merzco.ch (product descriptions, images, videos, dimensions, weights, technical specifications, accessory relationships, and other information) are non-binding and do not constitute guarantees of properties or warranties unless explicitly stated otherwise. MERZCO strives to provide accurate, complete, current, and clear information on this website but cannot guarantee this explicitly or implicitly.
All offers on this website are non-binding and should not be understood as definitive offers.
MERZCO cannot guarantee that the listed products are available at the time of order. All information on availability and delivery times is without guarantee and may change at any time without prior notice.
3. Prices
The prices provided by MERZCO include, unless stated otherwise, the statutory VAT, any advance recycling fees (ARF), and copyright fees. Prices are stated in Swiss Francs (CHF).
Any shipping costs will be charged additionally unless otherwise stated and must be paid by the customer. Shipping costs are itemized separately during the ordering process.
Technical changes, errors, and printing mistakes are reserved. MERZCO reserves the right to change prices at any time and without prior notice. Prices do not include advisory and support services.
4. Conclusion of the Contract
The offers on this website represent a non-binding invitation to customers to order products and/or services from MERZCO. By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. MERZCO subsequently sends an automatic "Order Confirmation" via email, confirming that the customer's offer has been received.
Orders placed are binding on the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded once MERZCO sends an acceptance declaration via email, confirming the dispatch of the ordered products or services.
Orders are only shipped after full payment has been received (exceptions: delivery on invoice) and if the goods are available. If it turns out after the conclusion of the contract that the ordered goods cannot be delivered or cannot be fully delivered, MERZCO is entitled to withdraw from the entire contract or parts of it. If the customer's payment has already been received by MERZCO, it will be refunded. If no payment has been made yet, the customer is released from the payment obligation. MERZCO is not obligated to make a replacement delivery in the event of contract termination.
5. Payment Terms and Retention of Title
The payment options available to the customer are those indicated during the ordering process.
MERZCO reserves the right to exclude customers from certain payment methods or require prepayment without giving reasons.
After the specified payment deadline, the entire invoiced amount becomes due, and default occurs automatically without a reminder.
In the event of payment default, MERZCO may engage a collection agency domestically or internationally or assign the claim.
In cases of late payment, default interest of 14.9% per year and a reminder fee of up to CHF 20 per reminder may be charged.
If a third party is engaged for collection due to payment arrears, additional fees and costs in accordance with the schedule of the (VSI) Association of Swiss Debt Collection Agencies (http://www.vsi1941.ch) may apply, to which the customer expressly agrees.
The products delivered to the customer remain the property of MERZCO until full payment has been made.
6. Delivery, Inspection, Complaints, and Returns
Deliveries are made via post or courier to the address specified by the customer in the order. Invoicing is done via email or by post. Upon dispatch, benefits and risks pass to the customer, as far as legally permissible.
If delivery is undeliverable or if the customer refuses to accept the delivery, MERZCO may terminate the contract after notifying the customer via email and setting an appropriate deadline, charging the customer for any incurred costs.
The customer is obligated to inspect the delivered goods immediately upon receipt and report any defects covered by MERZCO's warranty without delay in writing by letter or email to the address in the legal notice.
Returns to MERZCO are at the expense and risk of the customer. Products must be returned in their original packaging, complete with all accessories, along with the delivery note and a detailed description of the defect, to the return address specified by MERZCO in the legal notice.
If MERZCO determines during the inspection that the goods have no identifiable defects or are not covered by the manufacturer's warranty, MERZCO may charge the customer for the costs of inspection, return, or disposal.
7. Right of Withdrawal
Exercising the right of withdrawal leads to the cancellation of the contract. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories, and together with the delivery note to the return address specified by MERZCO (MERZCO Inh. Merz, Kreuzstrasse 23A, 8802 Kilchberg). The return is at the customer’s expense and risk. Payments already made will be refunded to the customer within 20 calendar days, provided that MERZCO has already received the goods or the customer can provide proof of shipment.
MERZCO reserves the right to claim compensation for damages, excessive wear and tear, or loss of value due to improper handling. A corresponding amount may be deducted from the purchase price or charged to the customer.
8. No Sale to Minors
In Switzerland, alcoholic beverages may not be sold to persons under the age of 16, and spirits may not be sold to persons under the age of 18. By placing an order on www.merzco.ch, the customer confirms these regulations and declares that they are entitled to make the purchase. MERZCO disclaims any liability in case of non-compliance.
9. Warranty
MERZCO strives to deliver goods of impeccable quality. For defects reported in a timely manner, MERZCO guarantees, within the statutory warranty period of generally two years from the delivery date, the absence of defects and the functionality of the purchased item. MERZCO may, at its discretion, fulfill the warranty by providing a free repair, an equivalent replacement, or a refund of the purchase price. Further claims are excluded.
10. Liability
MERZCO excludes all liability, regardless of its legal basis, as well as claims for damages against MERZCO and any auxiliary persons or agents. In particular, MERZCO is not liable for indirect damages, consequential damages, lost profits, or other personal, material, or purely financial damages suffered by the customer.
The above limitation of liability does not apply to legally mandatory liability, for example, in cases of gross negligence or intentional misconduct.
11. Data Protection
MERZCO is authorized to process and use the data collected during the conclusion of the contract to fulfill obligations under the purchase agreement as well as for marketing purposes.
12. Additional Provisions
MERZCO expressly reserves the right to modify these General Terms and Conditions (GTC) at any time and to put them into effect without prior notice.
In the event of disputes, only substantive Swiss law shall apply, to the exclusion of conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
The place of jurisdiction is Zurich, unless mandatory legal provisions dictate otherwise.
13. Copyright Notices
All rights, particularly copyright, to these GTC belong to MERZCO.
Any reproduction, distribution, or other use is prohibited without the express written consent of MERZCO.
14. Shipping Costs
Packaging and shipping costs within Switzerland.
15. Contact
For questions regarding these GTC, please contact us at: https://www.merzco.ch/de/impressum.
16. Important Notice
We emphasize that all legal regulations (federal laws, cantonal regulations, emergency ordinances of the Federal Council, instructions from health authorities, etc.) must be strictly observed when using, promoting, or reselling products, particularly in the current situation.
MERZCO reserves the right to unilaterally terminate the contract with immediate effect in case of suspected or actual violations, even if the purchase price has already been paid. In such cases, payments already made will be refunded to the customer.
The contracting party undertakes to comply with these regulations upon conclusion of the contract and acknowledges that in the event of unilateral termination by MERZCO, any claims (e.g., damages or compensation) are excluded to the legally permissible extent. Otherwise, the GTC apply.
(Version: 22.01.2025)