1. INTRODUCTION

1.1 These General Terms and Conditions (hereinafter “GTC”) apply when you as a consumer (the “Customer”) place an order via www.thewhitepanter.ch and related sites (the “Website”) and/or make a purchase at The white panther retail store. The agreement is between you and The white panther GmbH, ("the white panther"/"we"). Detailed contact information and other information about The white panther can be found on the website. The general conditions only apply to customers who are consumers. As part of the ordering process, you accept the General Terms and Conditions in the version valid at the time the order was placed and/or at the time of purchase. All verbal and telephone agreements must be confirmed in writing in order to be binding. The written form requirement is also met if a declaration is contained in an e-mail.

1.2 Our range of goods in the online store is primarily aimed at consumers with their habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as "customers") and in the EU (with the exception of alcoholic beverages and spirits). Exceptions can be checked and approved separately.

 

1.3 The customer must be at least 18 years old to place orders via the website. The white panther does not accept credit purchases for anyone under the age of 18. The white panther reserves the right to refuse a customer's order (e.g. if the customer has provided incorrect personal information and/or can be shown to have failed to pay any debts).

1.4 The white panther shall not be liable in the event that products are sold out, for image or typographical errors on the website, e.g. B. Errors in the product description or in the technical specifications, for incorrect prices and price adjustments (e.g. changed prices from suppliers, currency changes) or for incorrect information as to whether a product is in stock. The white panther is entitled to correct such errors and to change or update the information at any time. Since the white panther   also runs a shop, it can  consequently, in exceptional cases it can happen that ordered items have already been sold. The confirmation at the end of the ordering process is therefore only an order confirmation.

1.5 It is our aim that our products are shown as realistically as possible. However, there may be differences in both color and brightness, depending on which screen you are using to visit our website.

1.6 The Website and all of its content are owned by the white panther or the white panther's licensors. The information is protected by intellectual property laws. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be used without the prior written consent of the white panther.

 

2. AGREEMENTS AND ORDERS

2.1 In order to place an order through the website, the customer must accept the general conditions. By accepting the general conditions, the customer undertakes to fully comply with the general conditions and agrees to the information on personal and activityrelated data andcookiesaccording to der the white panther privacy policy zu.

2.2 When making a purchase in store, payment implicitly accepts the general conditions of the white panther and the customer undertakes to fully comply with them.

 

2.3 When ordering via the website, only then a The contract of sale is concluded when the customer has received confirmation by e-mail that the items ordered have been shipped. The contract is only concluded for those items that are expressly listed in our shipping confirmation. This also results in the scope of services. If ordered items are no longer available, the white panther is not obliged to deliver. Any items that have already been paid for are no longer available.fully refunded.

2.4 If a product ordered by the customer is incorrectly priced on the website, the white panther will inform the customer accordingly and await the acceptance of the changed price by the customer before the white panther dispatches the goods.

 

3. CUSTOMER INFORMATION 

3.1 If the customer provides the white pantherpersonal data available for the fulfillment of business activities of all kinds, Eg when entering data in the store, when creating a personal user account and/or when placing an order, the customer provides some personal data. The customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Die Data protection of the white panther, which is an integral part of these general terms and conditions, contains information on the processing of personal and activity data by the white panther.

3.2 The Customer shall ensure that no one other than the Customer uses the Customer's login details. Customer shall not disclose its username or password to anyone and shall ensure that documentation containing username and password information is retained in such a way that unauthorized persons do not have access to such information. The customer will inform the white panther immediately if there is a suspicion that unauthorized persons have gained access to the customer's password. Customer is responsible for all purchases made using Customer's login information if Customer has not provided such notice.

3.3 If the white panther suspects that the customer is misusing his user account or login information or otherwise violating the general terms and conditions, the white panther is entitled to block the customer's access to his user account. The white panther is also entitled to assign the customer new login data.

 

4. PRICES, FEES AND PAYMENT

4.1 The prices shown on the website apply to orders placed on the website. All prices are in CHF and include VAT. The prices do not include payment and shipping fees, these are stated separately.

4.2 The customer can pay for his purchase in the manner indicated on the website. You can find more information about our various payment options and discounts under Customer Service. Please note that the website also sets out limitations on the payment methods available.

4.3 The white panther is entitled to accept payment from the customer upon receipt of the order.

4.4 If available at the time, the white panther may obtain a third party credit report in the event of payment on account or any other form of advance payment. In this case you will be informed accordingly.

4.5 The white panther reserves the right not to always offer all payment methods or alternatively to change the payment method if the payment method selected by the customer does not work.

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4.5. Retention of title: We reserve title to the delivered goods in any case until the respective invoice amount for a delivery has been paid in full (final and unconditional credit of the total purchase price). 

 

5. SPECIAL OFFERS

 

The white panther may occasionally offer special offers on the website which may have better terms than those set out in these general terms and conditions, e.g. B. with regard to payment or the extended right of withdrawal. Such terms shall apply for the duration of the special offer and to the specific products specified by the white panther in connection with such offer. The white panther reserves the right to withdraw such special offers at any time. In the event of expiry or withdrawal of a special offer, these general conditions apply without modification. Offers for specific products on the website are only valid for a limited period of time and until such products are sold out.

When purchasing products before and after the expiry of time-limited promotions, the customer does not have the right to claim a discount afterwards.

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6. SALE OF ALCOHOLIC BEVERAGES

6.1. We generally do not sell alcohol to anyone under the age of 18. In the online store, the buyer confirms by sending his order that he is at least 18 years old, so that this regulation and the legal regulations can be observed.

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6.2 Alcoholic beverages are only sold and delivered within Switzerland. 

 

6.3. When ordering, every customer must enter their date of birth as a mandatory field in the check-out process under the heading "Billing and delivery address", ie provide the corresponding proof of age.

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7. GIFT CERTIFICATE

 

The gift vouchers available from the white panther are valid for two years from the date of issue. Once the validity period has expired, the voucher can no longer be used as a means of payment and can no longer be reactivated. The remaining value can no longer be repaid. Your gift voucher is a valuable document that must be kept safe. It cannot be paid out in cash. Lost or stolen vouchers will not be replaced.

 

8. DELIVERY AND SHIPPING

8.1 Delivery is made to the delivery address and contact person provided by the buyer. 

 

8.2 The delivery takes place under the condition of timely and proper delivery by our suppliers. Products that are in stock are usually delivered within the number of working days indicated on the website. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters or if the manufacturer or sub-suppliers are unable to deliver, there will be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturers or third parties.

 

8.3. If not all ordered goods are in stock, we are entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either partially or in total for reasons for which the white panther is not responsible, the customer is entitled to withdraw from the contract.

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8.4. Our performance is an obligation to send and is fulfilled when the goods are handed over to the transport person. After dispatch, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. We are not responsible for the fault of the transport company used.

8.5 In the event of delays in delivery, the white panther will inform you accordingly and continue to monitor the order. If no other express agreements have been made and a delivery is delayed by more than 30 working days and this is not attributable to you as a customer, you are entitled to withdraw from the purchase contract.

8.6 If a Parcel is to be collected from a specific delivery location, the Customer must do so within the timeframe specified on the relevant notice. Packages are normally to be picked up in person by presenting a valid ID and the order number. The customer will receive a delivery note specifying when and where the package must be picked up or received. This notification can be made by e-mail, regular mail and, if the customer has provided a mobile phone number, also by telephone or SMS. If the shipment is not collected from the delivery point within the deadline, it will be returned to us. Due to the processing effort involved and the double freight costs, we charge a fee of CHF 40 for unpicked orders.

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9. INSPECTION & NOTICE, LIABILITY FOR DEFECTS AND RIGHT OF RETURN

 

9.1 You are obliged to check the delivered products as soon as it is possible in the normal course of business and report any defects immediately to our customer serviceteam@thewhitepanther.ch . If you fail to do so, the products will be deemed approved. In any case, approval is deemed to have been given if the customer has not submitted a complaint to customer service by email within 8 days of delivery.

 

9.2 Defects that were not recognizable during a proper check in accordance with the previous paragraph must be reported to our customer service immediately after discovery by email to team@thewhitepanther.ch otherwise the products ordered shall also be deemed to have been approved with regard to these defects. Product properties of  are not considered defects.Articles that are explicitly marked as "old", "used" or marked "vintage" or "antique" or "single piece" in the online store.

 

9.3 The defective product must be returned with a copy of the invoice or original receipt and a detailed description of the defect, or it can be handed in at the store. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The resulting transport costs are primarily borne by the customer. These will be refunded to the customer if the white panther acknowledges the defect.

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9.4 We provide warranty by remedying defects. At our discretion, this is done either through supplementary performance, namely elimination of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

 

9.5 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right of the customer to reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR) etc.

 

9.6. Normal wear and tear and the consequences of improper handling or damage by the buyer or third parties as well as defects that can be attributed to external circumstances are not covered by the guarantee:

In particular, worn, soiled or damaged items are excluded from the warranty. Incorrect storage or incorrect assessment of drinking maturity (ie premature/delayed consumption) do not count as guarantee cases.

 

9.7 The customer does not receive any guarantees in the legal sense from the white panther. Of course, manufacturer guarantees remain unaffected. The white panther assumes no liability for the descriptions of third parties, especially customers in the context of the online store, resp. Customer ratings published on our social media presence.

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9.8. The customer has the right to return the delivered or purchased   goods within 14 calendar days (from the date of delivery or receipt confirmation). The return period is met if the goods are handed over to the post office or another shipping company for return on the last day or handed over to the shop. Reduced goods cannot be returned.

 

9.9. The goods must be in their original packaging, complete with all accessories and accompanied by the completed delivery note/return slip and any guarantee certificate. Sealed and shrink-wrapped products can only be returned if they are unopened. Any seal must not be broken. Hygiene articles and foodstuffs are excluded from the right of return.

 

9.10 In order to exercise your right of return, you must send us (the white panther, Schlossbergstrasse 36, 8220 Wädenswil, e-mail: team@thewhitepanther.ch) a clear statement (e.g. a letter sent by post or e-mail) , of your decision to return the goods.

 

9.11 The customer bears the costs of returning the goods. Shipping and gift wrapping costs are non-refundable. Promotional and discount vouchers are also non-refundable. If the goods are not returned in proper condition, we will charge you for the loss in value. 

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9.12 If the goods are properly returned, we will refund the customer the total price paid by credit after checking the goods. A refund is usually made on the means of payment used for the purchase, whereby the white panther reserves the right to refund the refund in cash. 
 

10. WARRANTY AND GUARANTEES; COMPLAINTS

 

10.1 Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions.

10.2 The statute of limitations for warranty claims is one year for used items - deviating from the statutory provisions. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

10.3 The white panther reserves the right to reject any complaint if the product is found to be non-defective in accordance with applicable consumer protection legislation.
 

11. LEFT

 

The white panther may provide links to other websites over which the white panther has no control and companies over which the white panther has no control may provide links to the website. While the white panther tries to ensure that the white panther only provides links to websites that have similar privacy and security practices as set forth in the white panther's Privacy Policy, the white panther is not responsible for the protection or confidentiality of personal information provided by the customer on other websites. The customer should be careful and read the regulations regarding personal data that actually apply to the respective website.

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12. LIABILITY

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12.1 Unlimited liability: We are liable for intent and gross negligence. We are liable for slight negligence in accordance with the Product Liability Act and for damage resulting from injury to life, limb or health.

12.2 Limitation of liability: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). This limitation of liability also applies to our vicarious agents.

12.3 The white panther is not liable for delays caused by circumstances beyond the white panther's control, e.g. B. general labor disputes, acts of war, fire, lightning, terrorist attacks, changes in government regulations, technical problems, defects in electricity/telephone/computer communications or other communications and defects or delays in the service of sub-suppliers due to the aforementioned circumstances. Such circumstances lead to the release from damages and other claims of the customer. If such situations should arise, the white panther will inform the customer accordingly, both at the beginning and at the end of the period of the current situation. If the situation has lasted for more than two months, both the customer and the white panther are entitled to cancel the purchase with immediate effect.

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12.4 The white panther and its assistants and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular not for consequential damage, loss of profit or other financial losses of the buyer.

 

13. MODIFICATIONS TO TERMS & SEVERABILITY

 

13.1 The white panther reserves the right to change these general conditions at any time. Changes to these general conditions will be posted on the website. Changes become valid upon acceptance of the general conditions by the customer. Otherwise, they will become valid 30 days after the white panther has informed the customer of the changes, whereby the white panther undertakes to inform the customer of the 30-day period at the same time as the information about the changes.
 

13.2 Should one or more provisionsof these General Terms and Conditions should be ineffective or incomplete or should fulfillment become impossible, this shall not affect the effectiveness of the other provisions. The contracting parties undertake to replace the ineffective provision with a permissible, effective provision that comes as close as possible to the original intention and the economic purpose pursued.

 

13.3. All changes or additions to these terms and conditions must be in a form that allows for text verification, such as fax and e-mail. This also applies to a change in the written form requirement. As soon as the customer uses the seller's services after the change, he implicitly agrees to the new terms and conditions.

 

12.3. Different contractual conditions of the customer, namely those which the customer declares to be applicable together with the acceptance of the contract, do not become part of the contract. They are only valid if and to the extent that they have been expressly accepted in writing by the seller.

 

14. GOVERNING LAW & JURISDICTION

 

14.1 Contracts between us and you are subject exclusively to Swiss law and the conflict of laws provisions of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the headquarters of the white panther GmbH.

These conditions were created by the white panther GmbH on 12/18/2018 and last revised on 02/01/2021