General terms and conditions
Last update: 1 March 2016
These terms and conditions (hereinafter referred to as GTC) govern all legal relationships between the customer and the Pestalozzi Children’s Foundation, Kinderdorfstrasse 20, CH-9043 Trogen (hereinafter referred to as the Foundation). These conditions shall supersede any previous GTC issued by the Foundation. They can be accessed and printed via the Foundation website.
The Foundation reserves the right to amend the GTC at any time. The version in effect at the time the contract is concluded is legally binding. The customer shall duly inform themselves about the applicable GTC.
Provisions deviating from these GTC are only legally binding if all parties involved have agreed to this in writing.
II. Online shop
1 Conclusion of contract / pricing
1.1 The contract is concluded once the customer places their order. The products and prices listed in the online shop constitute the offer. The customer shall receive an e-mail to confirm the conclusion of the contract.
1.2 By placing an order, the customer confirms that they are over 18 years of age.
1.3 By placing an order, the customer accepts the prices listed in the online shop including VAT, conditions and product descriptions to be legally binding for the conclusion of the contract. The placing of the order entails acceptance of these GTC.
1.4 The Foundation reserves the right to adjust the prices and the product range and to correct any erroneous information. The colour of the products may deviate slightly from the colour displayed on the electronic device.
2.1 The customer shall only withdraw from the contract if this withdrawal is explicitly approved by the Foundation. In this case, the customer shall be liable to pay 20% of the purchase price.
2.2 In the category of Christmas cards for companies, where the product ordered is a customised print or imprint, the customer shall be liable to pay the full purchase price in the event of withdrawal from the contract.
3 Shipping / delivery
3.1 The goods are sent by post to the delivery address specified in the order, provided the address is located in Switzerland or the Principality of Liechtenstein. Customers based in other countries can be catered to upon request, subject to special delivery conditions.
3.2 Shipping costs depend on the quantity, size and weight of the shipment. These costs normally amount to CHF 10.00 per order.
3.3 If the shipment consists of card sets only, postage and packaging is CHF 3.50.
3.4 Products deemed to be bulky goods shall be subject to a surcharge of CHF 15.00.
3.5 The normal delivery time is seven to 10 working days. Statements about delivery times are not legally binding.
3.6 As a general rule, the customer will be informed if there is a supply shortage for an ordered product. Partial deliveries shall be reserved, and shipping costs are only charged once.
4.1 The customer is entitled to round up the purchase price. The additional sum will be considered a donation, i.e. a voluntary contribution by the customer.
5 Right of return
5.1 The customer can return the shipment to the Foundation within seven days from the point of delivery; the invoice must be included. The customer shall cover the costs for the return delivery.
5.2 Used, opened and customised orders and CDs, DVDs and videos are excluded from the right of return.
5.3 If the shipment contains goods that were not part of the original order, the customer must inform the Foundation without delay and return the goods to the Foundation. The return shipment will be at the risk of the customer, but on the account of the Foundation.
III. Events (renting of space and catering)
1 Conclusion of contract
1.1 The contract is concluded once both parties sign the reservation agreement.
1.2 The list prices of the Foundation apply for all services offered beyond the scope of the reservation agreement.
2.1 If the event does not take place and the customer withdraws from the contract, they must cover the following percentage of the total bill: In the event of withdrawal
- up to three months prior to the date of arrival 0%
- up to one month prior to the date of arrival 40%
- up to seven days prior to the date of arrival 70%
- any period after this 100%
2.2 Reserved rooms that are not occupied or only partly occupied during the event must be paid for in full. This regulation also applies in the event of late arrivals or early departures.
3 Number of attendees, allocation of space and resources
3.1 For the purpose of catering and accommodation, the Foundation must be informed of the definitive number of attendees at least five working days prior to the event. The customer shall be reimbursed for a reduced numbers of attendees of up to 5%. Any other deviations in the number of attendees must be compensated in full by the customer.
3.2 If the number of attendees diverges significantly from the declared number, the Foundation reserves the right to amend the allocation of space without compensation.
3.3 The customer undertakes to inform the Foundation, no later than 10 days prior to the event, about their menu and drinks selection, seating arrangements, technical devices to be used and desired furnishings/decoration.
4 Event information and customer liability
4.1 The customer undertakes to ensure that its attendees and representatives independently take out the required form(s) of insurance for the event.
4.2 Both the customer and the attendees shall adhere to the fire safety regulations specified by the Foundation, particularly with respect to fire escape routes inside buildings and on the premises, which shall be kept clear at all times.
4.3 The customer shall ensure that all participants adhere to the rules of the village. Highly flammable materials shall not be used. Animals may only be brought on site with the explicit consent of the Foundation.
4.4 For all group accommodation, the customer undertakes to appoint one responsible person who shall ensure that all safety regulations set out by the Foundation and all village rules are observed.
4.5 The customer is exclusively liable for their attendees, for any commissioned third parties, and for any materials brought on site. The Foundation is not liable under any circumstances.
4.6 The customer shall be fully liable for any damages or losses caused to the buildings, facilities and inventory of the Foundation.
4.7 The Foundation reserves the right to cancel the contract at any time and at the full expense of the customer if the presence of the customer or their attendees obstructs or jeopardises the regular course of business at the Foundation. Reasons justifying such a cancellation include false or incomplete statements regarding the content and form of the event.
IV. Common provisions for the online shop and for events
1.1 The the Swiss franc (CHF) is the currency of both the contract and all invoices. All prices are inclusive of statutory value added tax (VAT).
1.2 Accepted means of payment are
- pay-in slips
- credit cards (for online donations only)
- PostFinance Card (for online donations only)
- bank transfer or post transfer
1.3 Outstanding bills are due and payable without deductions within 30 days from the date of the bill (expiration date). After this term has elapsed, the customer is charged a default interest of 5% per item without reminder.
1.4 In the event of a default in payment, the Foundation reserves the right to withdraw from the contract in writing at any time, provided it has not yet carried out the requested services. The Foundation reserves the right to file claims for compensation against the customer, especially the cancellation fees specified in Paragraph II / Clause 2 and III / Clause 2.
2 Material guarantee
2.1 The Foundation rules out all forms of liability subject to Clause 2.2. for goods and services available from the online shop and events.
2.2 Warranty coverage in conjunction with material defects is limited to a period of two years in accordance with Clause 210 of the Swiss Code of Obligations. It covers the repair of the defective item or its replacement subject to the discretion of the Foundation. If a repair or replacement is not possible within a reasonable period of time, the Foundation is entitled to change the contract. The customer shall be reimbursed for the full purchase price against return of the goods.
3 Applicable law and jurisdiction All legal relationships between the customer, their attendees, employees and representatives shall be governed by Swiss law. The place of jurisdiction for all disputes arising from such legal relationships shall be Trogen AR, Switzerland. The Foundation is entitled to initiate proceedings against the customer, their attendees, employees or representatives at their own place of residence or business or before any other appropriate court.