Terms & Conditions

Terms and Conditions

Table of Contents

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Costs in Case of Withdrawal
  8. Exclusion of Right of Withdrawal
  9. The Price
  10. Conformity and Guarantee
  11. Delivery and Execution
  12. Duration Transactions: Duration, Termination, and Extension
  13. Payment
  14. Complaints Procedure
  15. Disputes
  16. Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise the right of withdrawal.
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: calendar day.
  • Duration transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
  • Model withdrawal form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when they want to exercise their right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.
  • Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract.
  • Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space simultaneously.
  • Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

MyBlackTree.Rocks
Specialty Services International GmbH
Kirchwegsteig 10
8102 Switzerland
info@myblacktee.rocks

Article 3 - Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph, these terms and conditions may be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In addition to these terms and conditions, specific product or service conditions may apply. In the event of conflicting terms, the consumer can invoke the applicable provision that is most favorable to them.
  5. If one or more provisions of these terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as much as possible.
  6. Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The Offer

  1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse a request or order with reasons or to attach special conditions to the execution.
  5. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  6. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must do this using the model form or another communication method such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.
  4. If the customer has not expressed their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, they will bear the maximum cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided. Reimbursement will be made using the same payment method originally used by the consumer unless the consumer explicitly agrees to another payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product.
  4. The consumer cannot be held liable for a decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • That have been created by the entrepreneur in accordance with the consumer's specifications;
    • That are clearly personal in nature;
    • That cannot be returned due to their nature;
    • That can spoil or age quickly;
    • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • For loose newspapers and magazines;
    • For audio and video recordings and computer software whose seals have been broken by the consumer;
    • For hygienic products whose seals have been broken by the consumer.

Article 9 - The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • They are the result of statutory regulations or provisions; or
    • The consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. Any arrangements, guarantees, and conditions that extend beyond those legally required must be expressly agreed in writing.

Article 11 - Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be carried out, the consumer will be informed of this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Extension

Termination:

  1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer can the agreements mentioned in the previous paragraphs:
    • Terminate at any time and not be limited to termination at a specific time or in a specific period;
    • At least terminate in the same way as they were entered into by them;
    • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

  1. An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
  2. Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration of regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were previously made known to the consumer.

Article 14 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.
  5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions relate are exclusively governed by Swiss law.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.