General Terms and Conditions (T&Cs) of PET & Co., a brand of Variance GmbH
For all contracts concluded within the scope of the validity of these terms, the statutory warranty provisions apply. In addition, the following individual provisions are made regarding the warranty:
1. SCOPE
1.1 These General Terms and Conditions (hereinafter also "T&Cs") of the supplier apply exclusively to the entire business relationship between PET & Co. (hereinafter also "Supplier" or "we") and the customer (hereinafter "Customer").
1.2 All agreements made between the Customer and the provider regarding the delivery of goods result specifically from these General Terms and Conditions, our written order confirmation, and our declaration of acceptance. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer do not apply.
2. Retention of Title
The delivered goods remain our property until full payment has been received. Prior to the transfer of title, pledging, transfer by way of security, processing, or other transformation is not permitted without our consent.
3 Conclusion of contract, non-binding information, delivery quantities
3.1 All information regarding our goods and prices is subject to change and non-binding.
3.2 Our offer is aimed exclusively at end consumers in Switzerland, Germany, and Austria. The ordered goods or vouchers are not intended for resale. Therefore, we only accept orders in standard household quantities.
3.3 By fully completing and confirming the order form provided by the provider, the Customer can submit a binding offer to conclude a contract for the further delivery of goods.
3.4 All information provided by the Customer during the ordering process must be current and truthful. The customer password must not be shared with third parties and must be kept inaccessible to unauthorized persons. Loss or disclosure must be reported to the provider immediately in writing. The Customer is liable for misuse, for example in the case of orders made with their customer password by third parties, in accordance with legal provisions.
3.5 The provider will immediately electronically confirm receipt of the order form to the Customer. However, this acknowledgment of receipt does not constitute a binding acceptance of the order.
3.6 The provider can expressly accept this offer either by a binding declaration of acceptance or by shipping the ordered goods or debiting the purchase price. Until then, the provider may reject acceptance at any time without giving reasons. A contract between the Customer and the provider is only concluded upon the provider's acceptance of the offer.
4. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you took possession of the last goods.
The withdrawal period is fourteen days from the day the package was received at your destination address.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration, either by e-mail to salesteam@petandco.ch or by post (Variance GmbH, PET & Co., Ackersteinstrasse 93, 8049 Zurich).
To comply with the withdrawal period, it is sufficient that you send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you (with the exception of delivery costs) immediately and no later than fourteen days from the day on which we received your notice of withdrawal. For this repayment, we will use the same means of payment as you used for the original transaction.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. We will bear the cost of returning the goods. You are only liable for any loss in value of the goods resulting from handling the goods in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The right of withdrawal only applies to unused products in their original packaging.
5. DURATION, TERMINATION, RENEWAL
5.1 In the case of offer variants with a fixed duration (gift offers), the contract ends after the agreed duration has expired or after the final delivery. Separate termination is not required.
6. DELIVERY, DELIVERY DATES, DELIVERY CONDITIONS, PARTIAL DELIVERIES
6.1 The provider reserves the right to make the delivery only after full payment has been made by the Customer. There is no entitlement to prior delivery.
6.2 Our delivery dates or delivery periods are exclusively non-binding information unless they are expressly agreed as binding between the provider and the Customer.
6.3 We deliver within Switzerland, Germany, and Austria to addresses capable of receiving packages. In the case of sales contracts involving vouchers, delivery is made via e-mail.
6.4 The provider is entitled to partial deliveries and partial services at any time, provided this is reasonable for the Customer.
7. PRICES AND SHIPPING COSTS, DUE DATE, PAYMENT, INVOICE, DEFAULT OF PAYMENT, SET-OFF, RETENTION
7.1 All prices include the applicable VAT, packaging costs, and shipping costs. Exceptions are explicitly stated.
7.2 The seller's claim for payment of the purchase price is due on the 15th calendar day of the following month; a statutory right of withdrawal remains unaffected by this.
7.3 The Customer can only use the payment methods agreed upon and specified during the order process: Visa, Mastercard, Postcard, Postfinance, Twint, Paypal, or invoice via Ideal Payment.
7.4 For purchases on account: The invoice is due within 10 days. PET & Co. reserves the right to conduct a credit check on the Customer and to pass on customer data to third parties for this purpose.
7.5 In the event of late payment, interest on arrears at a rate of 5% per annum plus dunning fees of CHF 20.00 will become due. In the event of default, PET & Co. is also entitled to assign the claim to third parties or to have it collected at the Customer's expense.
7.6 The Customer is only entitled to set-off if their counterclaims have been legally established or are undisputed by the provider. The Customer only has a right of retention to the extent that their counterclaim is based on the same contractual relationship.
8. Rights in case of defects, compensation
8.1 If the delivered goods do not correspond to the quality agreed upon between the Supplier and the Customer, are unsuitable for their contractual or general use, or do not possess the characteristics the Customer could have expected based on our public statements, the Supplier is obligated to provide subsequent performance. This does not apply if the Supplier is entitled to refuse subsequent performance based on legal provisions. The Customer must grant the Supplier a reasonable period of time for subsequent performance.
8.2 Subsequent performance shall be carried out at the Customer's discretion, either by remedying the defect or by delivering new goods. During the period of subsequent performance, the Customer is not entitled to reduce the purchase price or withdraw from the contract. If the provider has attempted subsequent performance twice without success, it is deemed to have failed. In the event that subsequent performance fails, the Customer has the choice between a reduction of the purchase price and withdrawal from the contract.
8.3 The Customer can only assert claims for damages due to a defect according to the following paragraphs if subsequent performance according to paragraph 2 has failed. The Customer's right to assert further claims for damages under the following conditions remains unaffected.
8.4 The provider is liable without limitation under the statutory provisions for damage to life, body, or health resulting from a culpable breach of duty by the provider, their legal representatives, or their vicarious agents.
8.5 The provider is also liable within the scope of a quality and/or durability guarantee, provided they have given such a guarantee for the delivered goods. If damage occurs because the quality or durability guaranteed by the provider is missing, and this damage does not occur directly to the delivered goods, the provider is only liable if the risk of such damage was obvious and was covered by the quality and durability guarantee.
8.6 If the damage is based on the slightly negligent breach of an essential contractual obligation—that is, an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer as a buyer may regularly rely—the provider is also liable for this damage.
9. Referral programs, loyalty programs
As part of our marketing activities, we use referral and/or loyalty programs. Every customer can collect points or rewards in these programs using only one valid e-mail address. Should we discover that a customer is using multiple e-mail addresses or suspect fraudulent abuse of different e-mail addresses, we reserve the right to cancel all points or rewards.
