Terms of service

§ 1 Scope, Definitions of Terms

(1) redtreat GmbH, Industriestrasse 10, 5036 Oberentfelden, Switzerland (hereinafter: “we” or “redtreat”) operates an online shop for goods via the website https://redtreat.ch. The following General Terms and Conditions apply to all transactions between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at https://redtreat.ch
(2) Our product descriptions on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions apply: The customer makes a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selecting the desired items,
2. Adding the products by clicking the relevant button (e.g. ‘Add to basket’, ‘Add to shopping bag’ or similar),
3. Checking the details in the shopping basket,
4. Accessing the order summary by clicking the relevant button (e.g. “Proceed to checkout”, “Proceed to payment”, “View order summary” or similar),
5. Entering/checking your address and contact details, selecting a payment method, confirming the Terms and Conditions and the Cancellation Policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirming a negative quality agreement,
7. Completion of the order by clicking the “Buy Now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us at the email address provided within three working days.

(4) If a contract is concluded, it is entered into with redtreat GmbH, Industriestrasse 10, 5036 Oberentfelden, Switzerland.
(5) Before placing the order, the contract details can be printed using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order details, the General Terms and Conditions and the cancellation policy, takes place via email after you have placed the order, partly automatically. We do not store the text of the contract after it has been concluded.
(6) Input errors can be corrected using the standard keyboard, mouse and browser functions (e.g. the browser’s ‘Back’ button). They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by spam filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) In our online shop, the subject matter of the contract is:

1. The sale of goods. You can find the specific goods on offer on our product pages.

(2) The essential characteristics of the goods are set out in the product description. Where the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly stated in the product description (negative quality agreement). Insofar as the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Prices, delivery charges and delivery

(1) The prices and delivery charges stated in the respective offers are total prices and include all price components, including any applicable taxes.
(2) The respective purchase price must be paid before the product is delivered (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a corresponding button in the online shop or in the relevant offer. Unless otherwise stated for the individual payment methods, payment is due immediately.
(3) In addition to the prices stated, shipping costs may apply for the delivery of products, unless the relevant item is marked as free of shipping costs. The delivery charges will be clearly stated again in the offers, where applicable in the shopping basket system and on the order summary.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: 3–5 working days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is available to the following countries: Switzerland.
(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial delivery if you validly exercise your right of withdrawal. Where you validly exercise your right of withdrawal, the provisions set out in our cancellation policy shall apply to the costs of returning the goods.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention in so far as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

§ 7 Language of the contract

The contract is available exclusively in German.

§ 8 Liability

(1) Subject to the exceptions set out below, our liability for breaches of contractual obligations and for tortious acts is limited to cases of intent or gross negligence.
(2) We shall be liable without limitation in cases of slight negligence where there is injury to life, limb or health, or where an essential contractual obligation has been breached. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfilment is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which you may regularly rely. This includes, in particular, our duty to act and to fulfil the contractually owed service, as described in § 3.

§ 9 Warranty and Guarantee

(1) The statutory provisions of the Swiss Code of Obligations regarding warranty for defects (Art. 197 et seq. CO) shall apply. (2) The statutory warranty period for delivered goods is 24 months for both consumers and entrepreneurs, starting from the date of delivery. (3) In addition, redtreat GmbH provides a voluntary manufacturer's guarantee of 3 years (36 months) from the date of delivery for selected products (specifically SolisPanels). Details regarding the scope of this guarantee can be found in the respective product data sheets. (4) The customer is obliged to inspect the delivered goods for completeness and defects immediately upon receipt. Any complaints must be submitted in writing (via email or mail) to redtreat GmbH within 7 business days of discovery. If notification is delayed, the goods shall be deemed approved, provided the defects were not identifiable during a standard inspection (hidden defects). (5) In the event of a defect, the customer is entitled to a repair, a replacement, or a price reduction, at the discretion of redtreat GmbH. Rescission of the contract (Wandelung) is only possible if repair or replacement has been unsuccessful or is deemed unreasonable. (6) The warranty and guarantee do not cover defects caused by improper handling, normal wear and tear, or external factors (e.g., accidental drops, moisture).

§ 10 Final Provisions/Dispute Resolution

(1) Switzerland law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourable treatment).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) Where the customer is a trader, a legal person governed by public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier shall be the supplier’s registered office.