General Terms and Conditions of Pack Easy Ltd.
The following General Terms and Conditions are part of the contractual relationship between Pack Easy Ltd. and you as the customer/orderer/buyer (hereinafter: “customer”). By placing the order, the customer accepts these General Terms and Conditions. They are an integral part of all offers and agreements between Pack Easy Ltd. and the customer. Pack Easy Ltd. will not recognize any deviating conditions of the customer unless Pack Easy Ltd. has expressly agreed to their validity in writing.
II. Offer and conclusion of contract
The offers of Pack Easy Ltd. are invitations to make offers, which are subject to change and non-binding. They are subject to the availability of products and may be changed at any time.
Pack Easy Ltd. will send the customer an immediate acknowledgement of any order placed.
The customer's order represents a binding offer of contract. A contract only comes into being through written order confirmation from Pack Easy Ltd.
The customer's order is accepted on the terms of the website at the time the order is placed. Silence on the part of Pack Easy Ltd. does not constitute agreement to or acceptance of the customer's offer.
Information provided during order processing before the order is placed is only binding as an agreement on the quality of the goods or services delivered or provided if Pack Easy Ltd. has expressly acknowledged with the written order confirmation that the information is binding or has expressly done so thereafter in writing.
In the case of personalised products, the customer shall specify the personalised elements of the goods (e.g. engravings, colours etc.) as binding in its offer of contract and shall be responsible itself for the correctness of these elements and for ensuring that the said elements do not infringe third-party rights. Pack Easy Ltd. does not, in principle, correct such customer information. Pack Easy Ltd. may, however, refuse to accept a customer’s offer of contract for a personalised product if the product includes words that are discriminatory (in particular, words that are racist, sexist, or glorify violence) or are otherwise offensive or allegedly breach statutory provisions, or might for other reasons harm the image or reputation of Pack Easy Ltd.
Depiction of the colours of products on the websites and in the online shops of Pack Easy Ltd. and on any printouts from these media depends among other things on the hardware and software used by the customer (computer, smartphone, monitor, printer etc.) and the relevant settings. Actual product colours may accordingly differ slightly from the online depictions due to technical reasons related to the computer or printer, especially with regard to the shade of colour, brightness and contrast. Pack Easy Ltd. has no influence on this and this does not constitute a defect in the delivered products.
All custom-made & personalised items are excluded from exchange and return. Depending on the screen, there may be deviations in the colour shown.
The rights of the orderer under the contract are only transferable with the prior consent of Pack Easy Ltd.
III. Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The corresponding prerequisites and conditions as well as the prescribed procedure can be found here, which is an integral and binding part of these General Terms and Conditions and is attached to them as an annex.
All prices are inclusive of the applicable statutory rate of value added tax at the time the service is provided.
When shipment is made, you will be debited the amount using your selected payment method.
Vouchers, promotions, bonus points and reduced articles cannot be cumulated unless PACK EASY Ltd. has expressly stated this in writing.
Gift vouchers shall not be paid out in cash. Complaints about vouchers, services and products of PACK EASY Ltd. that have been sold by third parties can only be made to the seller.
Repairs may NOT be paid with vouchers.
Purchase by invoice with partial payment option (POWERPAY).
As an external payment provider, MF Group/POWERPAY offers the payment option “Pay by invoice”. With the order invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
Upon conclusion of the sales contract, POWERPAY takes over the invoice receivable and processes the corresponding payment procedures. When you purchase by invoice, you accept, in addition to our General Terms and Conditions, the general terms and conditions of POWERPAY. https://www.powerpay.ch/en/agb (powerpay.ch/en/agb).
VI. Delivery dates
Delivery dates are only binding if they have been expressly agreed in writing with Pack Easy Ltd. as binding.
If there is no such agreement, Pack Easy Ltd. will ship the goods - provided they are in stock - within 5 working days of receipt of the order.
Delays in delivery from Pack Easy Ltd. suppliers due to circumstances in the supplier's country of production through no fault of their own or if Pack Easy Ltd. has to wait for cooperation or information from the customer, or is prevented from implementing the order by a strike, lockout, official intervention or other circumstances over which the company has no control, the delivery and performance deadlines will be extended by the duration of the hindrance and a reasonable start-up period after it comes to an end. PACK EASY Ltd. will inform the customer of the hindrance.
VII. Terms of delivery
Delivery charges depend on the delivery address. They are always listed separately when calculating the total price in the "shopping basket" section before the customer sends his order.
www.packeasy.ch can be used to order goods that are to be sent to a delivery address outside the EU.
Shipping to PO Box addresses (including APO / FPO addresses) is not possible.
Delivery on Saturdays is not guaranteed.
VIII. Online shopping account
At the request of the customer, Pack Easy Ltd. will enable direct, password-protected access to the online shop for the purpose of placing future orders. The customer agrees to treat this password confidentially and not make it available to unauthorised third parties. All orders placed via the online account are assigned to the customer as the online account holder and are binding.
There is no automatic right to be approved for an online shopping account. Pack Easy Ltd. is entitled to refuse to approve a customer without giving reasons or to immediately cancel an approval once it has been granted at any time without prior notice and without giving reasons. Grounds for such a refusal/cancellation may include false or untrue information when registering, misuse of the information provided by Pack Easy Ltd., or jeopardising the functionality of an online shop, failure to meet payment deadlines, or the insolvency or bankruptcy of the customer.
The customer shall have the right at any time to make a written request for cancellation of his registration as a customer or for the deletion of the online shopping account, provided there is no resulting imminent harm to the processing of ongoing contractual relationships. Pack Easy Ltd. agrees to delete all user data and all other saved personal data concerning the customer as soon as this is no longer needed for the processing of ongoing contractual relationships and no longer has to be retained according to the statutory regulations.
Pack Easy Ltd. assumes no liability for misused passwords. Please notify Pack Easy Ltd. immediately of any misuse of your online account. Pack Easy Ltd., for its part, shall treat all access data as strictly confidential.
IX. Changes/cancellation of an order
Orders which have been placed can no longer be changed or cancelled online. If a customer wishes to make a change/cancellation, he must contact customer service.
The customer is requested to use the contact form for this purpose where possible.
Customer service will make the desired change/cancellation if this is still possible and will inform the customer in every case whether the change/cancellation was possible.
Should a cancellation no longer be possible, the customer still has the option of cancelling the contract according to clause III of these General Terms and Conditions.
X. Industrial property rights
Pack Easy Ltd. is responsible, in accordance with the provisions of this clause X, for ensuring that the delivery item is free of industrial property rights or copyrights of third parties, which can be asserted against the customer and prevent him from using the delivery item without worries. Each contracting party shall immediately notify the other contracting party in writing if claims are asserted against it for the infringement of such rights.
In the event that the goods supplied infringe any industrial property rights or third-party copyrights, Pack Easy Ltd. will, at its own discretion and expense, modify or replace the supplied goods in such a way that the third-party rights are no longer infringed, while the goods continue to fulfil the contractually agreed functions.
If Pack Easy Ltd. does not succeed in doing this within a reasonable period of time, the customer is entitled to withdraw from the contract or reduce the purchase price appropriately. Any claims for damages on the part of the customer are subject to the restrictions of clause XV (Liability).
If rights are violated by products from other manufacturers delivered by Pack Easy Ltd., Pack Easy Ltd. will, at its discretion, either assert its claims against the manufacturers and suppliers for the customer's account or assign them to the customer. In such cases, claims against Pack Easy Ltd. will only arise in accordance with the provisions of this clause X if the legal enforcement of the aforementioned claims against the manufacturers and suppliers was unsuccessful or if, for example, there is no prospect of success because of insolvency.
XI. Transfer of benefit and risk
The benefit and risk relating to the ordered goods will only be transferred to the purchaser when he or an authorised third party takes delivery of the goods.
XII. Inspection of the goods
The customer must ensure that the packaging of the goods arrives undamaged and unopened. In the event of significant damage to the packaging, the customer must not accept the package and must inform Pack Easy Ltd. immediately by telephone. If Pack Easy Ltd. is not notified immediately of such a refusal of acceptance, it cannot be claimed later.
The customer has to inspect the products delivered by Pack Easy Ltd. within five working days after delivery.
XIII. Notification of defects
The customer must immediately report any defects to Pack Easy Ltd. in writing, providing an exact written description of the defects.
If the customer fails to report defects in good time in accordance with these General Terms and Conditions, the goods will be deemed accepted as contractually compliant unless the defect is one that could not be identified during the normal examination.
Where such a defect comes to light subsequently, notification must be made immediately after it is discovered. Otherwise the goods will also be deemed accepted with regard to this defect.
The timely sending of a notification concerning the defect will be sufficient to protect the rights of the customer.
XIV. Warranty in the case of timely notifications of defects
Pack Easy Ltd. provides a warranty for defects that are reported in due time; under this warranty Pack Easy Ltd. has the option of either repairing the product or providing a replacement free of charge.
Pack Easy Ltd. furnishes no warranty for normal wear and tear of the goods, for defects which are arisen due to improper handling, improper warehousing, extreme environmental influences, force majeure and other reasons not attributable to Pack Easy Ltd.
Warranty claims shall lapse if the customer or a third party makes improper changes or repairs.
Pack Easy Ltd. shall naturally adhere to the relevant statutory warranty rights in addition to the warranty obligations embodied in these general terms and conditions.
Pack Easy Ltd. is liable for physical injury and direct property damage caused intentionally or by gross negligence. Any further liability is excluded to the extent permitted by law. This applies in particular to pure financial losses, indirect losses or consequential losses such as loss of profit. The provisions of the applicable product liability regulations remain unaffected.
With the current state of technology, data communication via the Internet cannot always be guaranteed to be free from error and/or available at all times. Pack Easy Ltd. will therefore not be liable for the continuous and uninterrupted availability of the online trading system or for technical or electronic errors during a sales event over which Pack Easy Ltd. has no control. This applies in particular to the delayed processing or acceptance of offers.
The liability of Pack Easy Ltd. for its assistants is excluded to the extent permitted by law.
XVI. Data protection
The data privacy declaration of Pack Easy Ltd. is an integral and binding part of these General Terms and Conditions and is attached to them as an appendix. If the customer accepts the present General Terms and Conditions, he thereby agrees at the same time to the use of his data in accordance with the data privacy declaration of Pack Easy Ltd.
Any use of these websites and any of their components for purposes other than viewing the offers of Pack Easy Ltd., placing orders, and contacting Pack Easy Ltd. in connection with goods from PACK EASY Ltd. or orders placed with it, insofar as it goes beyond private use, is prohibited unless Pack Easy Ltd. has given its express prior written consent.
The right to offset is excluded.
XIX. Assignment of claims
The customer may not assign to a third party any claims arising from a contract with Pack Easy Ltd. to which these General Terms and Conditions apply.
XX. Place of performance
The place of performance for all obligations arising from this contract, in particular for payment of the purchase price, is Emmen, Canton of Lucerne, Switzerland.
Insofar as mandatory statutory regulations on consumer contracts do not exclude this, Emmen, Canton of Lucerne, Switzerland, is the place of jurisdiction for all disputes in connection with deliveries and services of Pack Easy Ltd.
XXII. Applicable law
These contractual conditions and the entire legal relationship between PACK EASY Ltd. and the customer are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
XXIII. Amendments to these General Terms and Conditions
Pack Easy Ltd. reserves the right to amend these General Terms and Conditions at any time. Amendments will be made available on the website www.packeasy.ch or www.packeasy.eu and come into effect when they are activated online. Contracts concluded with Pack Easy Ltd. are always subject to the General Terms and Conditions which apply on the day of conclusion of the contract. These remain effective for the relevant contract even if there should be a change in the General Terms and Conditions at a later date.
XXIV. Final provisions
If any provision of these General Terms and Conditions is or becomes invalid or if the contract contains a loophole, the validity of the remaining provisions will remain unaffected. Instead of the invalid provision whatever valid provision comes closest to the commercial purpose of the parties will apply. The same will apply to any loophole.
Status as of March 2020
Pack Easy Ltd.
Phone: 0041 41 269 80 88
*These General Terms and Conditions apply exclusively to the Pack Easy onlineshop. (Not valid for the stationary BOUTIK1961, in Emmen. We ask for your understanding that no exchange of reduced goods is possible in the Boutik1961. A refund is only possible in the form of ashopping voucher. No cash payment).