General Terms and Conditions (GTC) for private customers
Version: [●] (valid for orders placed as of this date)
These General Terms and Conditions ("GTC") apply to all orders placed by private customers via the Formetta online store. Please read these GTC carefully. By submitting the order, you accept these GTC.
Important note: For consumers residing in the EU or the United Kingdom, additional mandatory consumer protection rights of their country of residence apply. These GTC do not restrict such mandatory rights.
1. Provider & Scope of application
Provider and contractual partner:
Formetta GmbH, Im Bungert 7, 8820 Wädenswil, Switzerland
E-mail: [email protected] | Website: https://www.formetta.com
Commercial register: Canton of Zurich | UID: CHE-438.456.014
Authorized representatives: Vanesa Trütsch (Managing Director), Vanessa Craig
Consumers: Natural persons who order primarily for non-commercial purposes.
Scope of application: These GTC apply to orders for products in the online store. Deviating terms and conditions of the customer shall not apply unless we expressly agree to them.
2. Conclusion of contract
Product presentation: The presentation of the products in the online store is not a binding offer, but an invitation to place an order.
Binding order: By clicking on the order button (e.g. "Buy now"/"Order") you place a binding order.
Conclusion of contract: A contract is concluded as soon as we confirm the order by e-mail or dispatch the goods.
Order confirmation: The automatic confirmation of receipt only confirms receipt of the order, not necessarily the conclusion of the contract.
3. Prices, taxes, shipping costs
Prices: The prices displayed in the online store at the time of ordering apply in the currency displayed.
Taxes: The prices include the legally applicable value added tax, if applicable.
Shipping costs: Shipping costs are shown separately in the checkout.
Price changes: We may adjust prices at any time; the price at the time of your order is decisive.
4. Payment
Payment methods: The available payment methods depend on the country of delivery and are displayed in the checkout. These include in particular: TWINT, Visa, Mastercard, American Express, Klarna.
Restrictions: We may offer or exclude individual payment methods depending on the country, credit rating or order value.
Due date: The purchase price (incl. shipping costs) is due upon conclusion of the contract. Card payments are usually debited immediately.
5. Delivery, delivery area, delivery times, tracking
Shipping and fulfillment: Shipping is carried out by Formetta GmbH.
Delivery area: We deliver to the countries that can be selected as the delivery address in the checkout.
Delivery times: Delivery times are specified in the order process and are – unless expressly designated as binding – non-binding approximate values.
Partial deliveries: Partial deliveries are permitted if reasonable for you. Additional shipping costs for partial deliveries shall be borne by us.
Delivery status/tracking: If offered by the shipping service provider, you will receive information on the delivery status to enable transparent delivery.
6. Customs, import duties
No import costs for the customer: There are no customs duties, import taxes or other import costs for the customer for orders – regardless of the country of delivery.
7. Retention of title
The delivered products remain the property of Formetta GmbH until full payment has been made, insofar as retention of title is permitted under the applicable law.
8. Revocation (EU/UK) and return
Statutory right of withdrawal (EU/UK): Consumers are generally entitled to a statutory right of withdrawal for distance selling contracts in the EU and the United Kingdom. Details (deadline, exercise, consequences, sample form) are governed by our separate cancellation policy, which is provided during the ordering process and forms part of your information prior to conclusion of the contract.
Returns: Insofar as we offer voluntary return options in addition to the statutory right of withdrawal (e.g. goodwill arrangements), these apply in accordance with our separate Return Policy. This Return Policy is available in the store and applies in addition to these GTC.
Priority of mandatory rights: Mandatory consumer rights (in particular EU/UK withdrawal) take precedence in the event of a conflict.
9. Warranty (warranty rights)
Statutory warranty: The statutory warranty rights apply.
EU/UK consumers: For consumers in the EU and the United Kingdom, the respective mandatory national regulations also apply, in particular in implementation of the EU Sales of Goods Directive.
Procedure in the event of defects: Please report defects as soon as possible by e-mail to [email protected] with order number, description and – if possible – photos. This facilitates a quick solution (replacement delivery, repair, price reduction or reversal depending on the legal situation).
10. Liability
Unlimited liability: Formetta GmbH is liable without limitation for:
- Intent or gross negligence;
- Injury to life, body or health;
- mandatory statutory liability (e.g. product liability);
- express assumption of a guarantee.
Material contractual obligations: In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely), liability is limited to the foreseeable damage typical for the contract.
Other cases: Otherwise, liability is excluded to the extent permitted by law.
11. Data protection
We process personal data in accordance with our privacy policy, available on our website [INSERT URL]. This explains in particular which data we process in the context of the online store (e.g. checkout, payment, shipping) and for what purposes.
12. Changes to the GTC
We may amend these GTC at any time. The version published in the online store at the time of the order shall apply.
13. Applicable law and place of jurisdiction
Law: Swiss substantive law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Consumers: This choice of law only applies insofar as it does not restrict mandatory consumer protection regulations of the country of your habitual residence (in particular EU/UK).
Place of jurisdiction:
For consumers: The place of jurisdiction is determined by the mandatory rules of the consumer's place of residence (or applicable consumer protection law).
For merchants: The exclusive place of jurisdiction is Wädenswil, Switzerland.
Contact
If you have any questions about these GTC, please contact us at:
📧 [email protected]