Conditions

1. Scope

These General Terms and Conditions (hereinafter 'GTC') apply to all contracts concluded by the sunny sage GmbH, CHE-486.766.977, (hereinafter 'the sage') with persons or companies residing or domiciled in Switzerland or the Principality of Liechtenstein (hereinafter 'Customer') regarding products (hereinafter 'Products') offered in the sage's web shop (hereinafter 'Web Shop').
By placing an order in the sage webshop, the customer accepts these terms and conditions.
The General Terms and Conditions apply in the version valid at the time of contract conclusion. The sage reserves the right to change these General Terms and Conditions at any time.

2. User account / customer information

The customer places orders via a user account or as a guest in the sage online shop. All information provided by the customer in the user account and as a guest must be complete and true. Each customer may only open one user account.

3. Conclusion of contract and delivery

The contract between the sage and the customer is only concluded upon an express order confirmation or shipping confirmation from the sage and is subject to the availability of the ordered products. Until the express order confirmation or shipping confirmation from the sage, the buyer remains bound to the order.
The sage's offering is primarily aimed at end consumers, which is why the sage reserves the right not to fulfil or reject orders, particularly if the sage considers that the quantities of products ordered are not customary for end consumers.
For the products ordered by the buyer, the prices in Swiss francs valid on the order date, as stated in the online shop, apply, excluding shipping costs, provided the total order value does not exceed CHF 100.00. Shipping costs are shown separately during the ordering process and in the order confirmation. Shipping costs for bulky goods are shown separately.
the sage delivers exclusively to addresses within Switzerland or the Principality of Liechtenstein. The shipping method and packaging are determined by the sage. Partial deliveries are permitted; any resulting additional shipping costs are borne by the sage.
Delivery dates and/or deadlines specified or communicated by the sage are non-binding. If the delay exceeds twenty days or if delivery is impossible for more than twenty days, the customer and the sage are entitled to withdraw from the contract without compensation.

4. Terms of payment

Payment for all orders must be made in Swiss francs, either by credit card, instant bank transfer, Apple Pay, Google Pay, Twint, PayPal, or purchase on account (POWERPAY). Purchase on account with partial payment option (POWERPAY)

As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase on account." With this single invoice, you can easily pay for your online purchase by invoice. If you fail to pay within the specified timeframe, you will receive a monthly invoice with an order summary in the following month.

Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice amount and handles the corresponding payment terms. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our terms and conditions (powerpay.ch/de/agb).

5. Testing, warranty and liability

The customer must immediately check the received shipments or products for accuracy, completeness, and freedom from defects. Any deviations from the order and any defects must be reported to the sage in writing via email within 12 days of shipment.
the sage only warrants that the ordered products are free from defects in materials and/or workmanship at the time of delivery to the customer.
Returns are at the customer's expense. The customer agrees to contact us via hello@the-sage.ch before returning the goods and no later than 12 days after shipment.
If the original packaging is damaged or incomplete, we reserve the right to charge a processing fee of up to 10% of the purchase price.
Returns must be received within 14 days of the shipment date. For late returns, we charge a processing fee of 1% of the purchase price, with a minimum of CHF 2.

Wear and tear as well as the consequences of improper or careless use, lack of maintenance and attempts at repair by the customer or third parties do not constitute defects.
The Sage may, at its sole discretion, fulfill its warranty obligation through repair, replacement (with an identical or similar product), reduction of the purchase price, or refund of the purchase price. Other services, including compensation for damages, are excluded in the event of a defect.
By purchasing the products, the customer undertakes to use them solely for their intended purpose.

Any further liability of the sage in connection with products or services of the sage and its vicarious agents is excluded to the extent permitted by law.

6. Data security and data protection

Data is transmitted via the internet. The internet is an open network accessible to everyone and is therefore generally not considered a secure environment. All payment transactions are processed using the security standard ("https://") applicable at the time of the transaction. The sage disclaims any liability for the security of data during its transmission via the internet.
Personal data is processed in accordance with and in compliance with applicable data protection regulations for the purpose of contract execution and maintaining customer relations (including marketing measures).
The customer's personal data will only be transferred to third parties outside of the sage, exclusively to the service partners involved in the contract execution, such as the logistics company commissioned with the delivery. In such cases, the scope of the data transmitted is limited to the minimum necessary for contract execution. Customer data will not be transferred to third parties beyond this scope. The customer consents to the collection, processing, and use of his or her personal data in accordance with the aforementioned information.
Furthermore, the conditions for using the webshop website, which can be found under the Privacy Policy section, also apply to buyers.

7. Applicable law and place of jurisdiction

The contractual relationship, including these Terms and Conditions, is governed exclusively by Swiss law, excluding the conflict of law provisions of Swiss private international law, in particular excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention). The place of jurisdiction is Romanshorn, Canton Thurgau, Switzerland. The sage reserves the right to sue the customer at their general place of jurisdiction.

March 2024
the sage - the sunny sage GmbH