As of 10 December 2020

§1 Scope

1. These General Terms and Conditions apply in the version current at the time of conclusion of the contract to all business relationships between Pentrade AG and its customers.
2. These General Terms and Conditions apply exclusively to the processing of orders in the online shop. Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not be recognised, unless Pentrade AG has expressly agreed to them in writing in individual cases.

§2 Registration

1. Every order for goods requires prior registration as a customer at billiardstore.ch. Multiple registrations under different names or addresses are not permitted. Upon successful completion of the registration process, the customer is admitted to the system by Pentrade AG.
2. Pentrade AG may revoke the licence at any time and without giving reasons. In this case, Pentrade AG is entitled to immediately block and delete the username and corresponding password.

§3 Conclusion of the contract

1. The presentation of the product range of billiardstore.ch via computers or catalogues accessible via the internet does not constitute an offer to conclude a sales contract with the customer. It is non-binding.
2. By placing an order with billiardstore.ch via the internet, email, telephone, fax or other means of communication, the customer is making an offer to enter into a contract of sale with Pentrade AG. The customer will receive a system-generated order confirmation. This confirmation does not constitute acceptance of the offer, but is intended solely to inform the customer that the order has been received by Pentrade AG. Pentrade AG may notify the customer separately of any errors in the product information on the website and submit a corresponding counter-offer.
3. The contract with Pentrade AG is concluded when Pentrade AG accepts this offer by Pentrade AG dispatching the ordered product to the customer.
4. Acceptance is subject to legal admissibility and availability of the ordered goods or services. If Pentrade AG is unable to accept the customer’s offer, the customer will be informed of the unavailability instead of the order being accepted. Items that are temporarily out of stock will be reserved for the customer; the customer’s order remains valid.

§4 Collection

If, during the checkout process, the customer selects pickup of the goods, the purchase contract is concluded upon pickup of the goods by the customer from Pentrade AG.

§5 Delivery, shipping costs

1. Pentrade AG will deliver the ordered goods to the address specified by the customer in the order as soon as possible. Pentrade AG is entitled to make partial deliveries and provide partial services at any time, provided this is reasonable for the customer. If partial deliveries are carried out by Pentrade AG, Pentrade AG will bear the additional shipping costs.
2. International deliveries are made only against prepayment or payment by credit card.
3. Delivery is subject to the shipping costs specified in each individual case.
4. Postal shipments are usually dispatched on the day the order is received. Delivery within Switzerland normally takes 1–4 business days. Goods weighing over 30 kg are delivered by a freight forwarder or via our own delivery service. Delivery is made as quickly as possible. The standard delivery time is within 10 business days. For products that are not in stock, the delivery time may be 1–3 weeks, depending on the supplier’s availability. Information regarding the estimated delivery time is non-binding, particularly for custom-made items such as billiard tables. More detailed information on non-binding delivery times, particularly for international deliveries, can be obtained from customer service.
5. Unless otherwise agreed, deliveries are understood to be “carriage paid to destination” (including assembly, e.g. foosball tables) to the recipient’s front door. The packaging belongs to the recipient. If the recipient requests the packaging to be taken back for deliveries made by a haulage company, any transport and handling costs will be charged to the customer.
6. In the event of obvious shipping damage, the customer must report the damage to Pentrade AG immediately. The damage must be noted on the bill of lading or delivery note.

§6 Retention of title, withdrawal from the contract

1. Pentrade AG retains title to the goods until all payments under the purchase contract have been received. The customer must immediately notify Pentrade AG in writing of any access by third parties, in particular enforcement measures and other infringements of its property rights. The customer shall reimburse Pentrade AG for all damages and costs arising from a breach of this obligation and from any necessary measures taken to counter third-party claims.
2. If the customer breaches the contract, in particular by failing to meet payment obligations despite a reminder from Pentrade AG, Pentrade AG may, after setting a reasonable deadline, withdraw from the contract and demand the return of the goods still in their possession. The collection of the goods or their seizure by Pentrade AG shall constitute a withdrawal from the contract. The customer shall bear the shipping costs incurred in this process. Pentrade AG shall be authorised to dispose of the goods upon their return.
3. Pentrade AG reserves the right not to enter into a contract if the outcome of a credit check is negative.

§7 Due Date and Payment

1. Pentrade AG only accepts the payment methods displayed to the customer during the checkout process.
2. The purchase price and any applicable delivery costs are due upon conclusion of the contract, subject to paragraph 3.
3. Pentrade AG may require payment in advance without giving reasons. The order will be processed upon receipt of payment.
4. If the customer defaults on payment, Pentrade AG is entitled to charge a flat-rate reminder fee of CHF 5. This does not affect Pentrade AG's right to claim higher damages, in particular with regard to the enforcement of the claim by a debt collection agency or a solicitor.
5. Vouchers will only be redeemed in accordance with the terms and conditions stated on the voucher.
6. If payment is made using a voucher, any remaining credit will be credited to the customer’s account and applied to the next order.

§8 Cancellation and return of products

1. The customer is entitled to withdraw their declaration of intent to conclude the contract without giving reasons within 8 days of receipt of the goods, either in writing (letter or email) or by returning the goods to Pentrade AG. The period begins on the day the goods are received by the recipient. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice or return the goods in good time. The written notice of withdrawal must be sent to the address specified in clause 11 or by email to office@billiardstore.ch. The customer bears the burden of proof for the dispatch of the goods to be returned.

2. In the event of a valid withdrawal, both parties must return the goods or services already received. If the customer is only able to return the goods in a deteriorated condition, they must compensate Pentrade AG for the loss in value.

3. The customer shall bear the costs and risk of returning the goods, unless the goods delivered do not correspond to those ordered.

4. Pentrade AG shall exercise its right of retention until the goods have been returned in full.

5. The right of withdrawal is excluded for contracts:

• regarding the delivery of goods that have been manufactured to the customer’s specifications or ordered directly for the customer, and of which the customer was informed in advance (e.g. printed textiles, etc.)

In the event that the right of withdrawal and return is excluded, the customer shall bear the costs of resending the goods to them when returning the goods to us.

§9 Customs duties, VAT

1. When goods are imported into countries outside Switzerland, import duties may apply, which the customer is responsible for paying. These vary across different customs territories. The customer is responsible for the proper payment of the necessary customs duties and fees. Import duties are not shipping costs.
2. For deliveries within Switzerland, the price shown includes the applicable statutory VAT. For exports to other countries, the price shown is the net price excluding VAT.

§10 Warranty and Liability

1. If the goods delivered are defective at the time of transfer of risk, e.g. due to a manufacturing fault, or if an incorrect delivery has been made, Pentrade AG shall arrange for a replacement delivery. If the replacement delivery fails, the customer may request cancellation of the purchase. The right to cancel lapses if the customer does not notify Pentrade AG of the defect or incorrect delivery within 14 days of receiving the goods by email (office@billiardstore.ch), telephone or post.
2. Pentrade AG's liability for its own fault, as well as that of its employees, legal representatives and vicarious agents, is limited to cases of intent.

§11 Addresses

Provider and contractual partner for the offers on this website:

Pentrade AG
Bierigutstrasse 8
CH-3608 Thun

§12 Data Protection

1. The data required for order processing is stored in strict compliance with applicable legal provisions and is only passed on to other companies for the purpose of order processing. All personal data is treated confidentially. Pentrade AG is entitled to transfer personal data to companies affiliated with Pentrade AG for the purposes of credit checks and credit monitoring as part of a data exchange.
2. billiardstore.ch customers can view and edit their own user information at any time in the secure area of the website after logging in. If you do not wish your data to be used for internal marketing purposes, please contact office@pentrade.ch. Further information on data protection can be found in the privacy policy at billiardstore.ch.

§13 Final Provisions

1. The provisions of substantive Swiss law apply, to the exclusion of the Vienna Sales Convention.
2. If the customer is a trader, Thun shall be the exclusive place of jurisdiction for all claims arising from the business relationship. Otherwise, the place of jurisdiction shall be determined in accordance with Section 22 of the Jurisdiction Act.
3. Pentrade AG reserves the right to amend these General Terms and Conditions at any time. The currently binding version of the General Terms and Conditions can be viewed and printed at billiardstore.ch.