General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) apply to all products and services offered by Mission 21 on its website. By using our products and services, you accept the following conditions without changes and in full:
1. SCOPE OF APPLICATION
1.1 The subject of these GTC is the use of products and services which Mission 21 makes available to customers (referred to below as the "Customer" or the "Customers") on its website.
1.2 When requesting individual services and products, the Customer may be asked to repeat his or her agreement with the GTC by repeating the activation of an input field for this purpose on the pages where the relevant services and products are offered.
2. SERVICES OF MISSION 21
2.1 Mission 21 makes products and services available both free of charge and in return for payment. The range currently offered is described on Mission 21's website.
2.2 The relevant conditions published on the website apply to all products and services. The Customer selects the services to be provided by Mission 21 from the range of services offered at the time when the request is made.
3. ORDERING VIA THE ONLINE SHOP
3.1 Mission 21 operates an Online Shop on its website for products that are free of charge and those for which payment is required. The products illustrated and described in the Online Shop are not deemed to be binding offers.
3.2 Customers who wish to order products make their selection in the Online Shop. The selection made is shown in the shopping cart. The Customer finalises the purchase order for the indicated products by sending the order form. Mission 21 confirms receipt of the purchase order to the Customer by emailing an automatically generated order confirmation.
3.3 The purchase order is the Customer's binding offer to purchase the products shown in the shopping cart. Handover of products for shipping or handover thereof to the Customer in Mission 21's office constitutes acceptance of the offer by Mission 21.
3.4 It should be noted that as a general rule, goods are only dispatched inside Switzerland.
4.1 Deliveries will be made within Switzerland or to countries abroad and as a general rule, B-Post (second class post) will be used.
4.2 By selecting the relevant option in the Online Shop, the Customer can collect the products he/she has ordered in person from Mission 21's office in Basel.
4.3 In respect of products for which payment is due, Mission 21 continues to be the owner of delivered products until payment is received. Mission 21 is explicitly entitled to make an entry as appropriate in the Swiss Registry of Retention of Title.
5. PRICES AND SHIPPING COSTS
5.1 The latest price information from Mission 21 is applicable. As a general rule, prices are deemed to be due in Swiss francs, plus actual shipping costs (carriage and packaging).
5.2 No shipping costs are incurred if products are collected from Mission 21's office in Basel or for deliveries of free products to an address in Switzerland. For deliveries outside of Switzerland, the actual shipping costs (carriage and packaging) are payable for free and chargeable products.
6. TERMS OF PAYMENT
6.1 As a general rule, Mission 21 raises invoices for payments in respect of its services. Invoices must be paid within 30 days of receipt.
7. RIGHT OF RETURN
7.1 The Customer has the right to return the products to Mission 21 at his/her own cost, within 14 days of the date of the delivery note or invoice. As a general rule, products are taken back only if they are returned in perfect condition and are complete, with the original labelling and original packaging.
7.2 Within 10 days of receipt of the returned products, Mission 21 will confirm their receipt to the Customer and will cancel the invoice. If the Customer has already paid the amount, Mission 21 will refund it. If the Customer so wishes, the amount can also be converted into a donation to Mission 21.
8.1 Mission 21 performs its services with diligence and professionalism.
8.2 Mission 21 always endeavours to illustrate products and services as well as possible and to provide Customers with sufficient information. However, Mission 21 cannot guarantee, and does not warrant, that the illustrations and descriptions of products, the prices indicated, and other information that can be called up via the website, are correct, complete and up-to-date.
8.3 The Customer is obliged to inspect products sent by Mission 21 immediately on receipt. If a product is faulty, and provided that the fault was not caused by incorrect behaviour on the part of the Customer, the Customer has the right to return the product within 14 days from the date of the delivery note, as per clause 7.
8.4 Mission 21 provides a warranty in respect of concealed faults which are demonstrably caused by faulty materials or production errors, for the following periods: in respect of items produced by Mission 21 itself, for 3 months since the date of the delivery note and, for externally produced items, for the entire warranty period granted by the manufacturer. The decision as to whether a warranty case is present is taken by Mission 21 for items which it produces itself, and by the respective manufacturer for externally produced items.
9.1 Mission 21 shall only be liable for unlawful intention and gross negligence. Liability is explicitly excluded for minor negligence, indirect damage or loss, and consequential damage or loss.
9.2 Furthermore, any and all liability is excluded for damage or loss arising from force majeure. Force majeure is deemed to include, in particular, sovereign directives and coercive measures, unforeseeable system outages, interruptions to communications networks, insurrection and other reasons rendering it temporarily impossible for Mission 21 to perform its services, specifically including influenza outbreaks.
10. DATA PROTECTION
10.1 Mission 21 takes care to ensure data protection and data security within its sphere of influence. Mission 21 treats all personal data with care. Mission 21 implements appropriate organisational and technical measures for protection against unauthorised processing of data, and it uses such data solely for the purpose of providing its services for the Customer.
10.2 Except in connection with official or court orders, Mission 21 does not pass data on to third parties. Mission 21 only retains data to the obligatory extent and for the obligatory periods stipulated by law.
11. FINAL PROVISIONS
11.1 Should one or more provisions of these GTC be void, the validity of the remaining provisions shall not be affected thereby. The void provision shall be replaced by a provision which most closely approximates to the economic purpose of the provision declared as void.
11.2 Mission 21 reserves the right to amend these GTC at any time. Amendments will be made available on Mission 21's website and will enter into effect 30 days after they are posted.
11.3 These GTC and any disputes arising from or in connection with the contractual relationship between Mission 21 and the Customer shall be subject exclusively to material Swiss law. The sole place of jurisdiction shall be the ordinary courts of Basel. Alternatively, Mission 21 is entitled to take legal action against the Customer at the latter's domicile.
Basel, December 2010, Version 1.0