Terms easyfind-Shop

§ 1 General
§ 2 Contents of the contract and conclusion of the contract
§ 3 Prices, Shipping Costs, Value Added Tax and Payment
§ 4 Delivery and transfer of risk
§ 5 Retention of title
§ 6 Set-off, right of retention
§ 7 Liability for material defects and defects of title
§ 8 Obligation to provide information in the event of damage in transit
§ 9 Exclusion of liability
§ 10 Cancellation policy for the delivery of goods law
§ 11 Cancellation Policy for the Provision of Services
§ 12 Use of my easyfind

§ 1 General
1.1 These terms and conditions apply to all contracts, deliveries and other services of rubicon-IT Schweiz AG, Aarstrasse 98, CH-3005 Bern, Switzerland (hereinafter referred to as rubicon-IT Schweiz AG):
“rubicon”), concerning the online shop www.easyfind.ch and all sub-domains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between rubicon and the customer always take precedence.

1.2 The business relations between rubicon and its customers are subject to Swiss law. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The UN Convention on Contracts for the International Sale of Goods shall not apply.

1.3 The contract language is German.

1.4 The place of jurisdiction shall be Berne if the customer is an entrepreneur or a legal entity under public law. The same applies if a customer does not have a general place of jurisdiction in Switzerland or if the place of residence or habitual abode is not known at the time the action is filed.

1.5 easyfind is an examined online shop and has committed itself to the observance of the Trusted Shops requirements. The Trusted Shops quality criteria can be called up here www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.

§ 2 contract contents and contract conclusion
2.1 rubicon offers customers new goods for sale in its online shop www.easyfind.ch, in particular stickers, key rings and luggage tags with easyfind codes.

2.2 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking on the “Send order” button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending by automated email. With this e-mail confirmation the sales contract has come off.

2.3 We save the contract text and send you the order data and our general terms and conditions by e-mail. You can also view the general terms and conditions here at any time. For security reasons, your order data is no longer accessible via the Internet.

§ 3 Prices, Shipping Costs, Value Added Tax and Payment
3.1 For orders via the online shop, the prices stated there apply. All prices include the legal sales tax.

3.2 The prices do not include shipping and packaging costs, which are announced to the customer before the order is placed.

3.3 The amount of the shipping costs depends on the desired destination. A list of the shipping costs can be found at www.easyfind.com/ch/Web/UI/Shop/ShipmentCosts.aspx .

3.4 Delivery to customers by rubicon shall be made at the customer’s request using the following payment methods: advance payment by bank transfer, PayPal, credit card (Visa, Master Card) or PostFinance.

3.5 When selecting the payment methods Visa, MasterCard, PayPal and PostFinance, payment is processed via our payment service provider Ogone GmbH, Technoparkstrasse 1, CH-8005 Zurich, Switzerland. You will be redirected to the page of Ogone to enter the payment data. rubicon does not store any data related to means of payment itself (e.g. credit card number, validity, PayPal ID, etc.). After successful payment you will be redirected to our site.

3.6 The debit of the credit card account of the customer takes place with conclusion of the order.

3.7 If the customer chooses prepayment by bank transfer, the payment is due at the latest 14 calendar days after conclusion of the contract.

3.8 If a customer is in default with his payment obligations, rubicon may claim damages in accordance with the statutory provisions and / or withdraw from the contract.

3.9 The seller always issues an invoice to the customer, which is sent to him by e-mail or upon delivery of the goods.

§ 4 Delivery and transfer of risk
4.1 The ordered goods shall be delivered by rubicon.

4.2 Unless otherwise agreed in the contract, the ordered goods shall be delivered to the address indicated by the customer. The goods will be delivered from the seller’s warehouse.

4.3 The availability of the individual goods and the associated delivery times are specified in the item descriptions.

4.4 rubicon reserves the right to make a partial delivery if this seems advantageous for a speedy processing.

4.4 rubicon reserves the right to make a partial delivery if this seems advantageous for a speedy processing and if the partial delivery is not unreasonable for the customer in exceptional cases. The customer shall not be invoiced for any additional costs arising from partial deliveries.

4.5 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over by the transport service provider. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.

§ 5 Reservation of title
5.1 The delivered goods shall remain the property of rubicon until all claims arising from the contract have been satisfied.

§ 6 Set-off, right of retention
6.1 The customer shall only have the right to offset if his counterclaims have been acknowledged by rubicon or have been legally established.

6.2 The customer shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 7 Liability for material defects and defects of title
7.1 Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.

7.2 Damages caused by improper use, installation, operation or storage of the goods by the customer do not constitute a warranty claim against rubicon.

7.3 The customer shall give rubicon notice of defects within a warranty period of two years for new items.

7.4 The above limitations of liability shall not apply if rubicon has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The above limitations of liability shall also not apply to claims for damages.
of the customer, which are aimed at compensation of physical or health damage due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault of the seller or his vicarious agents.

7.5 If there are defects and these were asserted in good time, rubicon shall be entitled to subsequent performance. If subsequent performance fails, the customer shall be entitled to reduce the purchase price or withdraw from the contract. Otherwise, the statutory provisions shall apply.

§ 8 Duty to provide information in the event of transport damage
8.1 If goods with obvious damage to the packaging or the contents are delivered, the customer shall, without prejudice to his warranty rights (§ 7), lodge a complaint immediately with the carrier/freight service and contact rubicon immediately by e-mail or other means (fax/mail) so that the latter can protect any rights vis-à-vis the carrier/freight service.

§ 9 Exclusion of liability
9.1 Rubicon’s liability for material defects and defects of title shall be unlimited if the cause of the damage is based on intent or gross negligence. It shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the foregoing.

9.2 The liability limitations of the preceding paragraph shall not apply in the case of injury to life, limb and health, for a defect after acceptance of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.3 If rubicon’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

§ 10 Cancellation Policy for the Delivery of Goods
10.1 Right of revocation
You can revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, e-mail) or – if the goods before the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations (for customers from Germany pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB). The timely dispatch of the revocation or the goods suffices to comply with the revocation period.

§ 11 Cancellation Policy for the Provision of Services
revocation instruction

11.1 Right of Withdrawal

You can revoke your contractual statement within 14 days without giving reasons in text form (eg letter, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information duties (for customers from Germany according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our duties according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB). The timely dispatch of the revocation is sufficient to comply with the revocation period.

The revocation is to be addressed to:
rubicon-IT Switzerland AG
Aarstrasse 98
CH-3005 Berne
Email: info@easyfind.com

11.2 Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the goods or services received or their uses (e.g. advantages of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. This can lead to the fact that you must fulfil the contractual payment obligations for the period up to the revocation nevertheless. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.

11.3 Special information

Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the revocation instruction

§ 12 Agreement to bear the costs when exercising the right of revocation
12.1 You have to bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40.00 Euro, or if you have not yet paid the consideration or a contractually agreed partial payment for a higher price of the goods at the time of revocation.

§ 12 Use of “my easyfind

12.1 rubicon offers owners of valid easyfind articles, i.e. articles for marking objects with a unique easyfind code, the opportunity to register at www.easyfind.ch under “my easyfind”.

12.2 Registration takes place by providing personal data, such as name, address and other contact details, as well as by providing one or more easyfind codes that are to be assigned to the customer.

12.3 After successful registration with “my easyfind”, the customer has the option in this area:

Change contact data and access data
register new easyfind codes
edit or delete existing easyfind codes
search for lost items with easyfind codes
delete the entire registration again

12.4 rubicon offers finders of items marked with easyfind codes the possibility to contact registered customers via www.easyfind.ch No personal data of the registered customer will be transmitted, but contact data of the finder will be transmitted to the registered customer to get in contact with him.

12.5 rubicon transfers personal contact data of registered customers to public lost property offices of cities, municipalities, cantons or public transport companies. The transmission takes place exclusively if an object with easyfind code was delivered. The data may only be used for the return of the object. The registered customer will be notified immediately by SMS and/or e-mail.

12.6 rubicon sends free of charge keys or bunch of keys, which are provided with an easyfind code and thrown into a letter box, to the given address of registered customers. The registered customer will be notified immediately by SMS and/or e-mail.

12.7 rubicon provides the services according to points 12.4, 12.5, 12.6 for the service period stated in the easyfind article. This service period can be extended in the “my easyfind” section. The corresponding service extension is placed in the shopping basket of the online shop, from where the purchase can be concluded under the conditions of these GTCs.

12.8 rubicon’s services in accordance with points 12.4 and 12.5 serve to enable a finder or lost property office to contact registered customers and to return the lost item to the customer. In case of return by a finder, the finder can claim a finder’s fee according to ZGB Art. 722, in case of return by a lost property office direct costs can be incurred according to the respective fee regulation.