General Conditions of Sale (GCS)

1. SCOPE OF APPLICATION

The general terms and conditions of sale (hereinafter "GTC") apply to all legal transactions concluded on the online store www.goldenpoke.ch (hereinafter referred to as “online store”).

We reserve the right to amend these General Terms and Conditions at any time. The version of the General Terms and Conditions in force at the time of the order is decisive and cannot be unilaterally amended for this order. Customer conditions that contradict or deviate from these General Terms and Conditions are not recognised.

The offer is valid as long as the product can be found in the online shop using the search function and/or while stocks last.

For all orders of products requiring a minimum age of 18, the customer confirms by their order that they comply with these legal provisions.

We reserve the right to refuse orders exceeding the usual quantities for a household.

2. PRODUCT AND PRICE

Product images in advertising, brochures, online shop etc. are for illustration purposes only and are not binding.

All sales prices published in the online shop are final prices, which include all possible taxes, packaging costs, and other possible costs. Delivery costs are displayed separately. We reserve the right to change the prices of the products offered at any time. The price indicated in the online shop at the time of ordering is decisive for the conclusion of the sales contract.

3. WARRANTY

The customer benefits from a two-year warranty from the delivery of the goods. They are thus protected for two years from all defects that could affect the goods.

Please note that these defects must not be linked to normal wear and tear or improper use by customers.

4. CONCLUSION OF THE CONTRACT

The products and prices published in the online store are considered offers. However, these offers are always subject to the resolutory condition of impossibility of delivery or an incorrect price indication.

For products, the contract is concluded as soon as the customer places their order in the online store, by telephone or by e-mail (hereinafter “contract”).

In the case of an online order, receipt of the order is confirmed to the customer by means of an automatically generated order confirmation by e-mail. Receipt of the automatically generated order confirmation does not contain confirmation that the product can actually be delivered. It only informs the customer that the online shop has received their order and that the contract has therefore been concluded.

5. DELIVERY TIME

We attach great importance to displaying the most up-to-date and accurate availability and delivery times in the online shop. However, delivery delays may occur. For this reason, all information regarding availability and delivery times is provided for information purposes only and may be changed at any time. When ordering, a provisional delivery date is indicated to the customer.

For all products in stock, all orders received before 2pm Monday to Friday are usually shipped the same day. The availability of each product is visible in real time.

In the event of a delay in delivery on our part, the customer is entitled (except for special orders) to withdraw from the contract from the 30th calendar day following the initially announced delivery time. In this case, we will reimburse the customer for the amounts already paid. There is no possibility of claim against our company.

6. DELIVERY

All delivery options listed in the online store are available to customers.

Delivery times are provided for information purposes only and are not binding. The Seller endeavours to deliver the products as quickly as possible, but cannot be held liable for delays in delivery caused by circumstances beyond its control.

If it does not receive the ordered products on the agreed or indicated delivery date, we can terminate the contract (cancellation) and charge the customer for the delivery costs incurred and any loss in value.

7. DUTY OF CUSTOMER CONTROL

It is also the customer's responsibility to check the delivered products immediately after receipt for their accuracy, completeness and functionality.

If delivery was made by a transport company, any damage to the delivery must be specified on the delivery note.

Any errors or damages must be reported to us immediately after discovery or at the latest within 5 calendar days of receipt of the products. Customers are not authorized to use a damaged product. They must keep it in its original packaging and follow the instructions for the return process indicated under the heading "Cancellation, return and refund".

8. LIABILITY AND EXCLUSION OF LIABILITY

Liability is subject to the provisions defined by law. However, we shall never be liable for slight negligence, direct, indirect and consequential damages, loss of profit, unrealised savings, as well as damages resulting from a delay in delivery, whether within the framework of a contract or outside of any contract.

Furthermore, we disclaim any liability for the following causes:

  • improper, contractually unlawful or unlawful storage, positioning or use of the product;
  • use of incompatible accessories or spare parts (e.g. power supply);
  • lack of maintenance and/or improper modification or repair of the product by the customer or a third party;
  • in the event of force majeure, in particular damage caused by the elements, humidity, falls, blows, etc., which cannot be attributed to us.

Furthermore, we disclaim any liability for any loss or damage of any kind – whether directly, indirectly or consequentially related – resulting from the use of or access to the website www.goldenpoke.ch or links to third-party websites. We do not guarantee the trouble-free operation of all parts of our site. Furthermore, we reject any liability for the manipulation of an Internet user's computer system by unauthorized third parties.

9. PAYMENTS AND RETENTION OF TITLE

Payments must be made in Swiss francs. Customers can use the payment methods offered in the online shop. The applicable fees are detailed in the ordering process. The ordered products remain our property until they have been paid in full. We are entitled to make a corresponding entry in the register of retention of title. Prior to the transfer of ownership, no pledge, assignment as security, transformation or modification is permitted without our express consent.

a) Instant payment (Twint, Visa, Mastercard, PayPal)
 To make your purchases easy, we accept instant payments via Twint, Visa, Mastercard, PayPal, and other secure payment methods. Each transaction is processed immediately for fast and efficient service. The debit takes place at the time of ordering.

b) Payment on site
We offer you the flexibility to choose payment on site when collecting your order.
  • Payment on site : if the goods are immediately available, you can pay the amount directly when collecting them from the store.

10. MODIFICATION OR CANCELLATION OF AN ORDER

Orders require the customer to receive the products and services. A request to modify or cancel the order can be sent to us . We may, at our sole discretion, accept subsequent modifications or cancellations of orders and may charge compensation of 20% of the amount of the cancelled order (but at least CHF 30.-), as well as any loss in value (since the order) of the cancelled products.

If a delivery impossibility occurs after the order or conclusion of the contract in accordance with Section 3, the customer will be informed immediately by e-mail. If the order has already been paid, the amount will be refunded. If no payment has been made, the customer is released from his payment obligation. Any further rights related to a delay or impossibility of delivery are excluded.

11. RETURN OF GOODS DELIVERED WITH DEFECT

We grant a right to return the products ordered if they do not correspond to the description of the products at the time of purchase, and if these products are neither opened nor damaged by you.

Errors must be reported to us immediately after discovery or at the latest within 5 calendar days of receipt of the products. The report must describe the problem precisely and be documented with photos (if possible).

After analyzing your report, and if it is founded, we will confirm your right of return. You will then have a period of 7 calendar days to return the products to us with all accessories in the original packaging and adequately packaged. Damaged products are not taken back and are invoiced to the customer in full. If the customer uses their right of return in accordance with the above-mentioned return conditions, we will refund the full purchase price, as well as the shipping costs for your return, by means of a bank transfer to the contact details you provide us. In this context, the customer guarantees us that the details and the list of returned products are complete and accurate as agreed, and that the return actually contains the agreed products.

12. RIGHT OF WITHDRAWAL

The customer has a period of 14 calendar days, from receipt of the order, to return products that do not suit them for any reason and without justification. The customer must inform us by e-mail at info@goldenpoke.ch. The products must be returned to us in the same condition in which they were received, in their original packaging, sealed. They must be accompanied by the purchase invoice, and must be sent to the seller's address indicated on the invoice. They must be carefully packaged so as not to be damaged during delivery. The return shipping costs are the responsibility of the customer. The total amount of the order (with the exception of shipping costs and costs inherent to the means of payment) will be transferred to a purchase voucher, issued within 7 calendar days upon receipt of the returned goods. It will be valid for 90 calendar days, and can be used by the customer in our online store.

Incomplete, opened, damaged, damaged or soiled products by customers are not taken back. The products must be in their original condition and complete, allowing them to be resold as new.

13. PARTIAL NULLITY, JURISDICTION AND APPLICABLE LAW

If certain provisions of these General Terms and Conditions should prove to be null and void, the validity of the other provisions of the contract shall not be modified in any way.

All legal relationships between the customer and ourselves are subject to Swiss substantive law.