General Terms and Conditions
1) Scope
All legal transactions concluded via the online shop https://topo3d.ch (hereinafter referred to as the “online shop”) are subject to the general terms and conditions (hereinafter referred to as “GTC”). This online shop is managed by Ziemann Engineering, CHE-445.039.957. Ziemann Engineering reserves the right to change these GTC at any time. The version in force at the time the order is placed shall apply. It can be viewed at https://topo3d.ch/en/content/3-terms-and-conditions-of-use.
2) Offer
The products and prices in the online shop apply as an offer. The offer is valid as long as the product can be found in the online shop and is available to order.
Only persons who have reached the legally defined adult age in the country of destination are entitled to purchase.
3) Products, prices and methods of payment.
Ziemann Engineering is free to set prices and may change them at any time. When an order is placed, the price published on the website is applicable. If prices have been published in error, Ziemann Engineering reserves the right to inform the buyer (hereinafter referred to as the “buyer” or “customer”) before dispatch in order to agree on a price correction or to cancel the order.
Prices are quoted in CHF and payment is to be made in CHF as well.
The shipping and packaging costs are calculated and shown separately from the offer price, unless free shipping is offered for the article and shipping location in question. Any COD charges, taxes or customs charges incurred by the selected logistics partner shall be borne in full by the customer.
All payment methods listed on the “checkout” page are available.
4) Information provided
Ziemann Engineering makes every effort to keep the published data in the online shop up to date and correct. However, due to production/delivery bottlenecks and sales via other channels, delivery delays may occur. Therefore, all information regarding availability and delivery time is without guarantee and may change at any time.
5) Conclusion of contract
The purchase contract is concluded when the order is sent (online) and accepted by Ziemann Engineering.
The prerequisite for a valid purchase contract is the complete and truthful completion of the order form provided on the Internet and the acceptance of these General Terms and Conditions (GTC).
Ziemann Engineering confirms receipt of the order with an automatically generated order confirmation by e-mail. This merely indicates to the customer that the order has been received and that the contract of sale has come into effect subject to the possibility of delivery and the correct price being quoted.
6) Terms of delivery and collection.
6.1) Availability and delivery
The time estimate marked on each article page is the estimated time required between receipt of payment and shipment. Products marked as “printed & in stock” will usually be be shipped within 1 week. If a product is out of stock and marked "print on demand", it will be produced after the order is placed and the time marked on the article page is to be taken as rough guidance. In this case, the lead time is longer and dependent on the current production schedule - a reliable estimate can only be provided after the order is placed. If the customer wishes a reliable delivery time estimate for a "print on demand" article, they are asked to contact us before ordering. If an item is incorrectly marked as “available”, the customer will be notified by email or telephone and a new provisional delivery or collection date will be arranged. Ziemann Engineering will endeavour to make a prompt subsequent delivery and will dispatch any backordered goods without additional shipping costs.
If an item is no longer available at all and cannot be procured or produced by Ziemann Engineering, Ziemann Engineering may withdraw from the contract, but must refund the customer in full for any payments already made for the product in question.
If Ziemann Engineering is not able to provide or ship the items within 30 calendar days of receipt of the order (exception: special orders, according to Art. 6.2), the customer has the right to withdraw from the contract. Payments already made by the buyer to Ziemann Engineering for the product in question will be refunded in full. There are no further claims against Ziemann Engineering.
If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs will be borne in full by the buyer.
Unless otherwise agreed, Ziemann Engineering sends national and international orders by Swiss Post. The terms, information and delivery times of Swiss Post apply (available at https://topo3d.ch/en/content/1-delivery).
6.2) Terms of Delivery: Special Orders
Special orders are products that are not listed in the Ziemann Engineering online shop or require a custom modification of a listed product. Special orders may require a procurement time of more than 30 calendar days. Delivery times and dates for special orders are agreed between Ziemann Engineering and the customer in writing or verbally.
6.3) Additional Terms Delivery
If the customer does not accept the goods delivered by the supplier within the agreed or stated delivery periods, Ziemann Engineering may withdraw from the contract, cancel the order and charge the customer a handling fee of 15%, but at least CHF 30. Any fees charged to third parties (payment processors) in connection with the order will not be refunded.
6.4) Additional provisions: Collection
If the customer selects the option “Collection" when placing the order, she/he will receive a confirmation with a collection invitation by e-mail as soon as the goods are ready for collection. If the customer does not collect the ordered goods in due time, they will revert to the possession of Ziemann Engineering. In exceptional cases, Ziemann Engineering may agree to an extension of the deadline.
7) Duty of inspection
The delivered or collected products are to be checked by the buyer immediately after acceptance for completeness, correctness and for delivery damage. If there is a defect, Ziemann Engineering must be notified within 7 calendar days and the product must be in its original condition in order to be taken back.
8) Warranty Conditions
Ziemann Engineering manufactures goods and may distribute items from other manufacturers. Ziemann Engineering has no influence on the durability and functionality of the products as well as the warranty of other manufacturers. Therefore, the guarantee information of the manufacturer applies, insofar as this is valid in Switzerland.
In all other respects, the Swiss statutory warranty provisions apply in accordance with Art. 197 ff. OR.
A warranty claim can only be asserted by the customer upon presentation of the purchase contract including the valid order form.
There is no warranty claim for damage caused by improper handling or for defects that are due to external influences. This could be, for example, damage caused by the elements, moisture damage, damage caused by falling or impact or damage caused by modifications.
Ziemann Engineering can provide warranty service by replacing the product as good as new.
9) Liability and Disclaimer
Ziemann Engineering is only liable for the guarantee services listed under point 8. Any further liability is excluded, in particular liability for damage that has not occurred to the products themselves. These can be indirect and consequential damages such as loss of profit, unrealised savings or damages due to delay in delivery. Furthermore, Ziemann Engineering is not liable for damages (on persons, other organisms and / or goods) caused by improper storage or handling.
10) Payment
The invoice for the goods must be paid in the currency indicated and immediately at the time of or after sending the order. The following means of payment are accepted in the online shop: Credit cards, Postfinance, TWINT and Apple/Google/Samsung pay via payment platform Zahls.ch, as well as prepayment via bank transfer. Correct receipt of payment is a prerequisite for further processing of the order. In case of collection, payment on collection may be arranged.
11) Right of withdrawal
You have the right to revoke the present contract within fourteen days without giving further reasons. Special orders and products at reduced prices are excluded from the right of withdrawal. The revocation period begins on the day on which you personally, or a person appointed by you – with the exception of the carrier of the goods – have accepted the goods.
If you wish to exercise your right of withdrawal, please inform us of this decision by starting a refund process in the online shop or sending us a declaration signed by you by e-mail to info@topo3d.ch.
The date of dispatch of your revocation notice is decisive for compliance with the revocation period.
In the event of cancellation, we will refund all payments made by you within a maximum of 14 days after receipt of the cancellation after deduction of a fee of 15 % of the total amount, but at least CHF 30. The refund will be made using the same payment method you chose when placing your order. Changes of the payment method are possible after mutual agreement. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You must bear the direct costs of returning the goods. In the event of a loss of value of the goods, you are only responsible for this loss of value if it is due to a use of the goods which exceeds the examination of the properties, condition or function of the goods.
For deliveries in the EU area, the cancellation rights in effect in the EU apply.
12) Data Protection
Ziemann Engineering only collects personal data that is necessary for the conclusion of the contract. These will not be further processed without the separate consent of the buyer.
The data will only be passed on to third parties if this is necessary for the processing of the order. This concerns the logistics partner (e.g. Post, etc.) in the case of delivery and the credit institution (e.g. Zahls.ch, etc.) in the case of payment processing.
The online shop uses cookies (website data saved on the user device) only as far as necessary for the operation of the online shop, for example for saving the items in the shopping cart and remembering logged-in users. Only first-party cookies are used, no third-party cookies are used and no third parties thus have access to the information in the cookie.
All data is transferred securely via an encrypted connection. The online shop is hosted in Switzerland and all data collected by Ziemann Engineering is stored only in Switzerland. If data transfer to third parties is necessary for the processing of the order (e.g. shipping company, payment processor) the data may be transferred outside of Switzerland.
All data collected by the online shop may be viewed in the account section of the online shop. Deletion of personal data may be requested by the person in question at any time.
13) Copyright
The content of this website is protected by copyright and it is prohibited to copy and / or re-use content such as texts (including these GTC), layout or images.
These general terms and conditions were adapted with permisson from annajuan.ch. Copyright infringements will not be tolerated and will be legally prosecuted.
14) Application of Law and Venue
The relationship between Ziemann Engineering and the client is governed exclusively by Swiss law. The place of jurisdiction is the city of Zurich, Canton of Zurich, Switzerland.
Version GTC: September 26, 2023