General terms and conditions of business

1. General, scope of application

a) The following general terms and conditions (hereinafter referred to as “GTC”) regulate the contractual relationship between intercycle ag (hereinafter referred to as “mycamelbak”) and all persons, natural persons and legal entities that use the internet offer of intercycle ag (hereinafter referred to as “purchaser”). Conflicting or deviating conditions of the purchaser are only binding if intercycle ag has acknowledged them in writing.

b) These General Terms and Conditions shall apply to all orders placed by Purchaser. The Buyer agrees to the following GTCs by sending digital data, data carriers or films to intercycle ag, by handing them in at our registered office in Sursee or by clicking on the corresponding labelled field “read” (I hereby accept the General Terms and Conditions) or similar in our ordering software.

c) The terms and conditions apply to the use of the website www.mycamelbak.ch as well as all sub-domains belonging to this domain.

d) intercycle ag reserves the right to change the GTC at any time. The version valid at the time of contract conclusion is always decisive.

2. Conclusion of contract

a) By clicking the order button, the buyer places a binding order for the goods contained in the shopping cart. Before finally sending the order, the buyer has the opportunity to check the correctness of his entries on an overview page and to correct them if necessary.

b) intercycle ag is entitled to accept this offer by sending an order confirmation. The order confirmation will be sent by e-mail. intercycle ag reserves the right to reject received orders within 48 hours if there is a suspicion that a print motif violates third-party rights or legal regulations.

As a rule, an order will be processed on the same or the following working day.

3. Delivery and shipping

a) The delivery takes place by sending the goods to the address provided by the buyer. The billing address and the delivery address can be different.
Shipment (1 – 50 pieces) is usually within 3 to 5 working days from receipt of the order confirmation by the buyer. For orders of 50 pieces and more, the delivery date is on request. Delivery periods and dates are only binding if they have been expressly confirmed as such in writing by intercycle ag.

b) Should it occur that a product is currently not available, the purchaser will be informed by e-mail.

c) Delivery is made by a shipping service provider to be selected by intercycle ag. The costs for packaging and transport insurance are included in the shipping costs, which are to be paid at the same time as the payment for the goods in the ordering process.

Deliveries are only made within Switzerland and Lichtenstein.

d) For technical reasons, it can happen that an order has to be split into several packages. The delivered goods must be inspected by the buyer for damage immediately after receipt. Any defects must be reported immediately in writing (by e-mail to custom@intercycle.com, or by letter), otherwise the goods are considered accepted.

4. Assortment and prices

a) The product range is constantly being adapted to technical developments.

b) The prices are shown as gross prices, i.e. including VAT and shipping costs.

5. Payment, due date, default of payment

a) Payment is made in advance at the choice of the buyer by credit card, purchase on account, Twint, Postcard or PayPal. Intercycle ag reserves the right to change the selection of payment methods depending on the order value, shipping region or other objective criteria.

The following shall apply to the individual payment methods:

PayPal:

The buyer pays the invoice amount via the online provider PayPal. He/she must be basically registered there or first register, legitimize with his/her payment data and confirm the payment order to intercycle ag.

5.1 Reservation of title

The goods remain the property of intercycle ag until full payment has been received.

6. Right of withdrawal

Intercycle ag is entitled to withdraw from the contract at any time without giving reasons. Intercycle ag is also entitled to withdraw from the contract with regard to an outstanding part of the delivery or service if false statements were made regarding the creditworthiness of the purchaser or objective reasons regarding the purchaser’s inability to pay have arisen. Prior to withdrawal, the purchaser shall be given the opportunity to make an advance payment or provide suitable security.
Without prejudice to any claims for damages, in the event of a partial withdrawal, any services already rendered shall be invoiced and paid for in accordance with the contract.

7. Warranty

a) Information, illustrations, technical data and dimensions contained on the website, in catalogues or price lists are of a purely informative nature. intercycle does not assume any liability for the correctness of this information. With regard to the type and scope of the service, only the information contained in the order confirmation is authoritative.

b) If the goods are defective upon receipt, the purchaser has the choice of whether subsequent fulfilment is to take the form of a replacement delivery or a price refund. In either case, the purchaser shall return the defective goods to intercycle ag, whereby the shipping costs shall be borne by intercycle ag.

c) Excluded from any warranty are typing errors entered by the purchaser, qualitatively insufficient images (e.g. due to insufficient resolution of digital images), self-inflicted design errors (e.g. due to non-observance of warning notices when designing photo products), as well as incorrect product selection, incorrect order quantities, or other defects caused by errors in order entry.

8. Limitation of liability

a) The liability of intercycle ag shall be governed by the statutory provisions unless otherwise provided for in these GTC. As a matter of principle, INTERCYCLE AG shall only be liable for intent and gross negligence, regardless of the legal grounds. For slight negligence, intercycle ag is only liable in the event of personal injury.
The liability limitations of these GTC also apply to the personal liability of employees and vicarious agents of intercycle ag.

b) According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. Intercycle ag is therefore not liable for the constant availability of the internet shop.

8.1 Transport damage

a) If goods with obvious transport damage are delivered, the purchaser should complain about such defects to the deliverer as soon as possible and should contact intercycle ag immediately (by e-mail to custom@intercycle.com or by telephone on +41 41 926 61 11.

b) The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the purchaser upon delivery of the goods to the delivery service provider.

9. Right of withdrawal

a) The purchaser has the right to revoke the contract with intercycle ag within fourteen days of receipt of the goods without stating reasons.

b) Should the purchaser wish to exercise his or her right of revocation, he or she must clearly inform intercycle ag in writing (by e-mail to custom@intercycle.com) within the revocation period. In this case, the contract will be rescinded, whereby the cost of returning the goods shall be borne by the purchaser. Upon receipt of the returned goods, intercycle ag will refund the payments received to the purchaser.

c) A right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the purchaser is decisive or clearly tailored to the personal needs of the purchaser.

10. Software

a) All downloaded software accessible in the online area of intercycle ag or provided by intercycle ag or marked with intercycle ag identification as well as the programs contained on the intercycle ag photo CD-ROM are property of intercycle ag or its suppliers and protected by copyright. The purchaser may only download the software on his or her computer or mobile device (e.g. tablet, mobile phone) that he or she requires for the execution of the order and may only use this software to process the order.

b) The complete or partial downloading of any content of the website not explicitly released for download is not permitted without the express permission of intercycle ag.

11. Copyrights for print designs, release from liability

a) If the purchaser transmits his own motif or otherwise influences the goods (individualisation), he assures intercycle ag that the text and motif are free of third-party rights. In this case, any copyright, personal rights or name rights violations shall be borne entirely by the purchaser. The purchaser also assures intercycle ag that the individualisation of the goods does not infringe any other rights of third parties.

b) The purchaser shall indemnify and hold intercycle ag harmless in full from and against all claims and demands asserted due to the violation of such third-party rights.

12. Technical and design deviations

Intercycle ag expressly reserves the right to deviate from the descriptions and specifications on the website, in catalogues and the price list with regard to material quality, colour, dimensions and design in the fulfilment of the contract, provided that these are reasonable for the purchaser.
Due to the new printing techniques, intercycle ag also cannot guarantee the quality of the products.

13. Data protection

a) intercycle ag shall process personal data of the purchaser for the intended purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods is used by intercycle ag for the fulfilment and processing of the contract. This data is treated confidentially by intercycle ag and not passed on to third parties not involved in the ordering, delivery or payment process. The purchaser has the right to request information free of charge about the personal data stored by intercycle ag about him/her. In addition, he/she has the right to correct incorrect data, block and delete his/her personal data, provided that there is no legal obligation to store such data.

b) Consent to these terms and conditions includes consent to the processing of the purchaser’s personal data.

c) The website www.mycamelbak.ch uses Google Analytics, a web analysis service of Google Inc. (hereinafter “Google”). Google Analytics uses so-called “cookies”, text files which are stored on the buyer’s computer and which enable an analysis of the use of the website by the buyer. The information generated by the cookie about the buyer’s use of the website is usually transferred to a Google server in the USA and stored there. However, in the event of activation of IP anonymisation on this website, the IP address of the buyer will be shortened by Google within member states of the European Union or other signatory states of the European Economic Area.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the buyer, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by the buyer’s browser within the scope of Google Analytics is not combined with other Google data.

The purchaser may prevent the storage of cookies by adjusting the settings of his browser software accordingly; however, intercycle ag points out to the purchaser that in this case, the purchaser may not be able to use all functions of this website to their full extent. Furthermore, the purchaser can prevent the collection of data generated by the cookie and related to his or her use of the website (including the purchaser’s IP address) to Google and the processing of this data by Google, in which the purchaser downloads and installs the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de. (further information on this can be found at http://tools.google.com/dlpage/gaoptout?hl=de or https://goolge.li/intl./de/policies)

14. Original text

The general terms and conditions are written in German language. In the event that translations are made of them in another language, the German version shall be authoritative in the event of contradictions. 6

14.1. Place of performance, choice of law, place of jurisdiction,

a) The place of performance for all services is the registered office of intercycle ag in Sursee, Switzerland.

b) All disputes arising from this legal relationship are subject to Swiss law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his or her personal residence is not withdrawn. The validity of UN sales law is excluded.

c) For all disputes arising from this contract, the place of jurisdiction shall generally be the registered office of intercycle ag in Sursee, Switzerland. However, Intercycle ag reserves the right to sue the purchaser at his or her place of residence or registered office court of choice. In the case of consumers, this jurisdiction clause shall only apply insofar as mandatory provisions of the law of the state in which the consumer has his or her personal residence do not stipulate a different jurisdiction.

d) Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put one party to the contract at such unreasonable disadvantage that it can no longer be expected to adhere to the contract.

These General Terms and Conditions shall enter into force on 28 June 2020.