General terms & conditions

  

  1. Scope of application

The following General Terms and Conditions apply to all orders via our online-shop by costumers. The offer is aimed exclusively at individuals residing or with a delivery address in Switzerland, Liechtenstein or a Member State of the European Union.

 

  1. Contractual partner and formation contract

The purchase contract is formed with Round Rivers. Round Rivers is a Swiss sole proprietorship (sole proprietor Peter Thomas Hornung).

A binding order by the customer is only triggered when the customer has entered all the data required for the execution of the contract, confirmed that he has taken note of these GTC and clicked the button "complete order" (order). Until this button is clicked, the customer can select products from the Round Rivers product range without obligation and place them in the shopping basket as well as freely change and delete the order. The sending of the binding order is regarded as an offer by the customer to Round Rivers to conclude a contract. Immediately after receipt of the order, Round Rivers will confirm the receipt of the order (confirmation of receipt).

Round Rivers reserves the right to accept the order. Round Rivers is not obliged to conclude a contract based on an order. In particular, an order can be cancelled or rejected if there is a violation of these GTC or if there is a suspicion of such a violation. The customer will be informed about cancellations and refusals by e-mail.

The purchase agreement is only concluded when Round Rivers confirms the dispatch of the order by e-mail (shipping confirmation) or by delivering the ordered products. If the order comprises several products, the contract is only concluded for those products that are explicitly listed in the shipping confirmation or that have actually been delivered.

 

  1. Delivery caveat

If the product you ordered is not available because our reliable suppliers have not delivered the products to us through no fault of our own despite the placement of an identical order, we will notify you immediately thereof. We will consequently be released from our obligation to perform and may rescind the contract. Where you have already made payments, we will refund you these payments without undue delay.

Subject to timely supply to us, we will ensure prompt delivery. If part of the order is not immediately available because our reliable suppliers have not delivered the products to us on time through no fault of our own despite the placement of an identical order, we will supply the remaining goods at a subsequent date without charging for shipping costs again, provided this is reasonable to you.

 

  1. Prices and shipping costs

The prices stated on the respective product page are to be understood as final prices and as such already include the VAT and other price components. The final prices are indicated in Swiss Francs (CHF).

Depending on the order value, shipping costs may be added to the stated prices. The shipping costs are displayed to the customer before sending his order.

 

  1. Payment

The following payment methods are basically offered in our shop: There is no entitlement to the use of a specific method of payment.

 

Credit card
By placing the order, you supply us with your credit card details at the same time. After proving your legitimacy as the rightful cardholder, we will request your credit card company to initiate the payment transaction immediately after your order. The credit card company will automatically execute the payment transaction and will charge your card.

 

PayPal
After placing the order you will be redirected to the website of the online provider PayPal. To pay the amount due via PayPal, you must be registered on their site or register first, confirm your identity by entering your login details and provide us with confirmation of the payment order. You will be provided with further information during the order transaction. PayPal will then automatically execute the payment transaction.

 

Prepayment
If selecting prepayment as the method of payment, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of the payment. In the event of late payment, Round Rivers is entitled to charge interest on arrears at a rate of 5% of the invoice amount. Round Rivers reserves the right to send the customer a reminder in advance and to charge a reminder fee.

 

  1. Right to cancel

Irrespective of the customer's warranty rights, Round Rivers voluntarily grants the customer a right of return. The customer can exercise this right without giving reasons. If the customer returns purchased products within 14 days after receipt in perfect, unused condition and in the original packaging, Round Rivers will refund the full purchase amount. The costs for the return are at the expense of the customer.

 

  1. Retention of title

The goods shall remain our property until paid for in full. For customers based in Switzerland, we are entitled to make a corresponding entry in the Swiss Registry of the Retention of Title.

 

  1. Transportation damages

If goods are delivered with obvious damages, please point out these defects immediately to the delivery agent, and contact us without delay. Failure to make a complaint or to contact us does not have any effect on your statutory rights or their enforcement, or on the warranty rights in particular. However, it will help us assert our own claims against the carrier and/or transport insurance.

 

  1. Warranty and guarantees

We are obliged to sell goods which are in accordance with the contract. Statutory warranty rights of the country in which you have your habitual abode shall apply.

The following rule applies to customers residing in Switzerland and Liechtenstein:

You are obliged to check the delivered products as soon as feasible in the usual course of business and to communicate identified defects immediately to our customer service department at hello@roundrivers.com. If you fail to do so, the products are deemed approved. Approval is, in any case, deemed to have been given unless you submit a notice of defects to customer service within 14 days after delivery via-email.

Defects which were not detected during a proper inspection in accordance with the above paragraph must be notified to our customer service immediately upon their discovery by sending an e-mail otherwise the ordered products shall also be deemed approved in respect of their defects.

A photograph of the defective product together with the order number and a detailed description of the defect should be sent to our customer service. Round Rivers will check the documents and then let you know how to proceed. The defective product must be returned only after this confirmation from Round Rivers. We shall assume the transport costs incurred for any return.
We provide warranty by eliminating the defects. This is done at our discretion through supplementary performance, that is, elimination of the defect (rectification) or delivery of non-defective goods (replacement). Products returned by customers will once again become our property.

If supplementary performance fails, you are entitled to rescind the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded. This exclusion of liability also applies to all claims competing with the warranty rights, be it those arising from contract (Article 97 et seqq. OR), offence (Article 41 et seqq. OR) or avoidance of contract for mistake (Article 23 et seqq. OR.).

We do not provide guarantees in the legal sense. 

 

  1. Liability

We shall always assume unlimited liability for claims due to damage that was caused by us, our legal representatives or agents

  • in case of injury to life, limb or health
  • in case of wilful or grossly negligent breach of contract
  • in case of warranty assurances, where agreed
  • to the extent the scope of application of the Product Liability Act applies.

Apart from these cases, our civil liability is limited to the direct damage foreseeable upon conclusion of the contract.

The following rule applies to customers residing in Switzerland and Liechtenstein:

In derogation of this, all liability is waived except for the aforementioned mandatory liability cases (injury to life, limb or health, etc.).
The liability of auxiliary persons is waived in full.

 

  1. Assignment

We reserve the right to assign or pledge our due purchase price claims vis-à-vis you accrued in connection with deliveries of goods including any due instalments, default interest and dunning fees to third parties.

 

  1. Final provisions

Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.

Swiss law applies exclusively. The application of the conflict of laws rules and the UN Sales Convention is excluded. Mandatory consumer law of the respective customer remains reserved.

For disputes arising from or in connection with these GTC, the court in Zurich with jurisdiction over the subject matter shall have jurisdiction. The mandatory legal places of jurisdiction remain reserved.

 

Las update: May 2020