GTC

General Terms and Conditions (AGB)
for orders via www.shop.kustom.ch

In the following, we would like to present our General Terms and Conditions, which we use as a basis for the provision of all services provided on www.shop.kustom.ch. On www.shop.kustom.ch we offer you a personalised shopping and service experience tailored to your interests and needs. On www.shop.kustom.ch we sell articles from various manufacturers and suppliers.

1. CONCLUSION OF CONTRACT AND DELIVERY OF GOODS

1.1 We conclude contracts via www.shop.kustom.ch exclusively in German. However, you can also display the page in English.

1.2 When ordering items from www.shop.kustom.ch, your contractual partner is Kustom Schweiz AG, Mooswiesstrasse 30, 9200 Gossau, Switzerland.

1.3 By clicking on the "Send order" button, you place a binding order for the items in your shopping basket. We will confirm receipt of your order by email immediately after you have sent your order. A binding contract is concluded upon receipt of the order confirmation. Please note that in the case of advance payment (reservation), the ordered goods will only be delivered as soon as we have received payment of the full purchase price and any shipping costs. We therefore ask you to transfer the purchase price immediately after receipt of the order confirmation, but within 7 days at the latest.

1.4 You agree to the assignment of the seller's claims for payment of the purchase price to third parties.

1.5 Please note that, as an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). A further prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made.

1.6 We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. The stocks of goods stated on www.shop.kustom.ch are subject to change and are not binding. The goods are delivered by a carrier commissioned by Kustom Schweiz AG to the address requested by the customer during the ordering process, exclusively within Switzerland and Liechtenstein. All stated delivery periods are working days, i.e. all days from Monday to Friday inclusive, with the exception of public holidays.

1.7 The delivery time for all items is 4-5 working days, with the exception of products that are specified with a different delivery time in the product description.

1.8 We are authorised to make partial deliveries insofar as this is reasonable for you. Additional shipping costs are only incurred if expressly agreed.

2. PRICES AND SHIPPING COSTS

2.1 The prices listed in the offer at the time of the order apply. The prices quoted are final prices, i.e. they include the applicable Swiss statutory value added tax. The goods remain our property or the property of Kustom Schweiz AG until the purchase price has been paid in full.

2.2 The shipping costs are CHF 9.50 per order. From a value of goods of CHF 100.00 we will pay the shipping costs for you.

3. PAYMENT

3.1 We generally offer the payment methods TWINT, credit cards and Paypal. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods.

3.2 In the case of purchases by credit card, TWINT or PayPal, your account will be debited when the order is processed.

3.3 In the case of purchase on account, you will be informed of the due date of the purchase price on the order confirmation when the contract is concluded. Invoices are due within 7 days.

3.4 You agree that you will only receive invoices and credit notes in electronic form.

4. PROMOTIONAL VOUCHERS AND THEIR REDEMPTION

4.1 Promotional vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific period of validity.

4.2 Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Individual brands or products may be excluded from the voucher promotion. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.

4.3 The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value of goods can be settled using the payment options offered. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part.

4.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to a third party. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.

4.5 We reserve the right to reclaim the amounts credited in the event of misuse or cheating of the promotional voucher system.

4.6 If you have used a promotional voucher with your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below or equals the respective value of the promotional voucher.

5. LOXO POINTS

5.1 Loxo points were credits that were credited to you as a reward after a purchase. Loxo points earned were valid for 60 days and could be redeemed as a discount on future orders. As of 31 July 2023, all Loxo points had expired and new points could no longer be earned.

6. GIFT VOUCHERS AND THEIR REDEMPTION

6.1 Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase on www.shop.kustom.ch, but not for the purchase of further gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be made up using the payment options offered.

6.2 Gift vouchers and credit can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out in cash nor does it bear interest. To redeem gift vouchers, enter the voucher code in the order process.

7. RETURNS / RIGHT OF CANCELLATION

The customer may cancel his order for goods without giving reasons by returning the ordered goods. The cancellation by return must be made no later than 14 days after delivery of the goods to the customer. Goods that require assembly before delivery, swimwear, jewellery, textiles with individual finishes and gift cards are excluded from the right of return. Kustom will only accept returns of undamaged, unworn and complete goods in their original packaging with the return confirmation issued by Kustom Schweiz AG. To return items, the customer must go to the My orders select the relevant order and request the return of the desired product. After checking the return request, the customer will receive a return confirmation issued by Kustom Schweiz AG with instructions for the return.

Please note:

• The goods must be returned in their original packaging.
• The printed confirmation of return must be enclosed.
• Returns are at the customer's expense and risk.
• Unstamped parcels will not be accepted by Kustom Schweiz AG and will be returned to the sender at the sender's expense.
• To meet the deadline, it is sufficient to return the goods within 5 days of receipt of the return confirmation.
• In the event of complaints or discrepancies, please contact the customer service of Kustom Schweiz AG on 071 380 05 05 and mail@kustom.ch.
• If the goods are returned to Kustom Schweiz AG, the value of the goods will be refunded within 10 days of receipt of the goods by Kustom Schweiz AG at the latest.

The customer has two options for exercising the right of return or cancellation:

7.1 RETURNS VIA SWISS POST

The customer must return the goods by post with a printout of the return confirmation to the address below.

Kustom Switzerland AG
Logistics - Returns
Mooswiesstrasse 30
9200 Gossau
Switzerland

7.2 RETURNS TO KUSTOM SCHWEIZ AG

The goods can be returned to Kustom Schweiz AG, Mooswiesstrasse 30, 9200 Gossau, during office hours (Mon-Fri, 08.00-12.00 | 13.30-17.30) with a printout of the return confirmation.

8. REPAYMENTS

Any refunds will be made automatically to the account you used for payment. In the case of payment by invoice and prepayment, the refund will be made to the account from which the transfer was made. If you have paid by Paypal, TWINT or credit card, the refund will be made to the associated TWINT, Paypal or credit card account. If you have used a gift voucher for your purchase, we will credit the corresponding amount to your gift voucher account.

9. CUSTOMER CARE

If you have any questions, please take a look at our help pages or contact us.

10. NOTICE OF DEFECTS / WARRANTY

10.1 The customer must inspect the ordered goods for any defects immediately after delivery by the carrier. Notification of defects must be made by the customer to both the carrier and Kustom Schweiz AG immediately, but at the latest within 14 days of delivery of the goods to the customer. Defects that were not recognisable during the customer's immediate and proper inspection (hidden defects) must be reported to both the carrier and Kustom Schweiz AG as soon as they are discovered.

Kustom Schweiz AG guarantees that the ordered goods are free of defects for a period of 2 years. The 2-year period begins with the dispatch of the ordered goods to the customer. During this period, all defects covered by the warranty will be rectified free of charge, provided that the customer notifies the defect in good time. The customer's warranty claims are limited to replacement delivery or rectification of defects to the exclusion of all other claims, in particular any compensation for direct (direct) or indirect (indirect) damage. Kustom Schweiz AG shall decide at its own discretion whether to supply a replacement or rectify defects. The warranty claim expires for damage resulting from improper handling and use of the goods.

10.2 In the event of an error in the price announcement or the description of goods, Kustom Schweiz AG is not bound by the incorrect information.

11. DATA PROTECTION

The protection of the customer's personal data is important to www.shop.kustom.ch. Further information on how www.shop.kustom.ch handles data can be found in the Data protection regulations.

12. LIABILITY

Kustom Schweiz AG excludes liability for all direct (or immediate) and indirect (or indirect) damages arising from the use of the online shop or in the context of ordering goods or concluding contracts via the online shop to the extent permitted by law. In particular, Kustom Schweiz AG excludes all liability for slight and medium negligence. Kustom Schweiz AG also accepts no contractual or non-contractual liability for damages caused by auxiliary persons engaged to provide services.

13. FURTHER PROVISIONS

13.1 Each customer is only authorised to maintain one customer account at www.shop.kustom.ch at a time. We reserve the right to delete multiple registrations.

13.2 You can view these GTC at www.shop.kustom.ch. You can also print or save this document by using the usual function of your Internet service programme (= browser: usually "File" -> "Save as").

14. APPLICABLE LAW / PLACE OF JURISDICTION

All legal relationships between the customer and Kustom Schweiz AG are subject to Swiss law. The Vienna Sales Convention does not apply.

The place of jurisdiction for disputes arising from or in connection with the legal relationship between Kustom Schweiz AG and the customer is Gossau SG.

15. SEVERABILITY CLAUSE

Should individual provisions of the GTC be or become invalid or ineffective or should the GTC contain an unforeseen loophole, the validity of the remaining provisions and the GTC as a whole shall remain unaffected. Invalid or missing provisions shall be replaced by the dispositive statutory law.

YOUR KUSTOM TEAM