1 Applicability, dates

1. The business relationship between RAUSCH AG KREUZLINGEN, Bärenstrasse 12, 8280 Kreuzlingen, SWITZERLAND (hereinafter referred to as ‘RAUSCH’) and the purchaser of goods via the online sales platform at www.rausch.ch shall be governed exclusively via the following general terms and conditions (hereinafter referred to as ‘T&Cs’) in the version valid at the point at which the order is placed. Information about data protection can be found in our privacy policy.
2. Goods within the definition of these T&Cs comprise all products and services that may be acquired in the course of an online order in the RAUSCH online shop.
3. If working days are specified as dates, this includes all weekdays with the exception of Saturdays, Sundays and statutory holidays.

2 Conclusion of contract

1. The offers of goods in the RAUSCH online shop do not constitute binding offers to enter into a contract for purchase.
2. Orders may only be made by adults of full legal capacity who have a residential address in Switzerland or the Principality of Liechtenstein.
3. Goods shall only be sold in standard household quantities.
4. Submitting your order by clicking the ‘Place Order’ button, you make a binding offer to purchase the selected goods. You can review and amend the information contained in your order before submitting it. You can only submit your order if you have accepted these T&Cs beforehand by clicking the ‘Accept T&Cs’ button. RAUSCH will email you an automatically generated confirmation of receipt that sets out your order once more. This automatic confirmation of receipt merely confirms that your order has been received by RAUSCH and does not yet constitute an acceptance of your order.
5. RAUSCH reserves the right to review your information, its validity and your creditworthiness in respect of the order value and to refuse the acceptance of orders by email, depending on the outcome of the credit check.
6. The contract with RAUSCH shall only come into being if RAUSCH sends you a declaration of acceptance within a reasonable period, or separately confirms the dispatch of the goods by email and ships the ordered goods to you.
7. If the goods you have ordered cannot be delivered, for example, because the goods in question are not in stock, RAUSCH shall not provide a declaration of acceptance. No contract shall come about in this case. We shall notify you accordingly by email or telephone without undue delay and reimburse any consideration paid, similarly without undue delay.
8. The contract shall be concluded exclusively in German.
9. Your order data will be stored by us within the scope of the applicable statutory provisions.

3 Prices

Orders in our online shop shall be based on the prices specified in the offer at the point at which the order was placed. The specified prices are final prices, i.e. they include the statutory VAT as varied from time to time and other price components. All price information on the internet is subject to change. We reserve the right to alter prices without prior notification and without specifying reasons.

4 Terms and methods of payment

1. We offer the following methods of payment: TWINT, PostFinance card, credit card, payment on account, and PayPal. We reserve the right not to offer specific methods of payment on each order and to refer to other methods of payment.
2. MF Group / POWERPAY offers “payment on account” in its capacity as an independent payment provider. This simply allows you to pay for your online purchase by invoice. If you do not pay by the specified date, you will receive a retroactive invoice the following month with an overview of the order. Upon conclusion of the purchase contract, POWERPAY will take over the invoice receivable and handle the payment processing. If you make a purchase on account, you accept the General Terms and Conditions of POWERPAY in addition to our own General Terms and Conditions.

4.1 IdealBilling+

Credit assessment and scoring:
Rausch AG Kreuzlingen reserves the right to obtain creditworthiness information about the customer in order to protect its own interests within the framework of the purchase transaction and may forward customer data to third parties for this purpose.

For this purpose, the personal data required for a creditworthiness check (first and last name as well as address data) will be transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, carries out a corresponding assessment of the creditworthiness based on mathematical-statistical procedures. The information obtained on the statistical probability of a payment default is included in the decision on the establishment, implementation or termination of the contractual relationship.

The creditworthiness check is carried out in compliance with the relevant provisions of data protection law and with special consideration for your interests worthy of protection. Please note that only CRIF AG can provide information on the data used to calculate your creditworthiness profile.

Purchase on account / reminder fees:
The invoice is payable within 15 days. The invoice is paid on time if the amount owed is in the recipient's account by the end of the last day of the payment period.

If the payment deadline is not met and no fixed expiry date has been agreed, the customer shall be put in default of payment by means of a reminder In case of late payment, the defaulting customer will be charged reminder fees over (first reminder CHF 20.00, second reminder CHF 25.00). If the debt is not settled even after a second/third reminder has been sent, Rausch AG Kreuzlingen reserves the right to assign the debt to a third party or to instruct a debt collection agency, at the customer's expense.

Payment by instalments:
For payment by instalments you can choose between two or three instalments. For payment by instalments, a fixed fee of CHF 24.00 incl. VAT will be charged in addition to the basket value. For the processing of the instalment agreement we assign the claim. The instalments are to be paid as follows:
1st instalment is due within 10 days of the invoice date
2nd instalment is due within 40 days from date of invoice
3rd instalment is due within 70 days from the date of invoice.

In the event of default on an instalment payment, the total amount is due for payment immediately.

Example with three instalments, with a basket value of 1'500.00.-:
1st instalment 508.00.- (500.00.- cart + 8.00.- fee share) is due within 10 days of the invoice date.
2nd instalment 508.00.- (500.00.- goods keeper + 8.00.- fee share) is due within 40 days from date of invoice
3rd instalment 508.00.- (500.00.- goods keeper + 8.00.- fee share) is due within 70 days of the invoice date.
 
Legal action/collection costs in the event of late payment:
The amount of the legal costs/collection costs is calculated on the basis of the outstanding debt:
Amount of claim in CHF Legal prosecution/collection costs in CHF
0 – 150 max. 80.00
151 – 600 max. 175.00
601 - 1000 max. 230.00
1000.01 – 10‘000 max. 860.00
from 10'000.01 9% of the outstanding debt

Disclosure of personal data:
Your personal data will be passed on to the transport company commissioned with the delivery or the corresponding financial service provider within the framework of the contract processing, insofar as this is necessary for the delivery or payment of the goods.
 
Prepayment
The "purchase on account" option requires a successful credit check. If this is negative, the order will only be processed against prepayment.

5 Shipping

RAUSCH ships the goods offered on the internet exclusively to Switzerland and the Principality of Liechtenstein. Goods are shipped at the recipient’s risk.

6 Shipping costs, minimum order value

1. The shipping costs for standard shipping are CHF 7.90.
2. Shipping is free for order values of CHF 80.00 and above.

7 Delivery deadlines

Unless otherwise specified in the order confirmation, goods will be shipped approximately three days after receipt of payment is confirmed. If the purchaser does not receive a delivery within 10 days, they may grant a grace period of 20 days in writing. The purchaser is entitled to rescind the contract on expiry of the grace period. The rescission shall only be valid if it is declared via a letter sent by registered post. Any claims by the purchaser due to late delivery or assertion of the right of rescission are expressly excluded.

8 Retention of title

RAUSCH shall retain title to the supplied products until full payment has been made.

9 Promotional vouchers

Promotional vouchers are vouchers that are not available to purchase. We issue promotional vouchers in the course of advertising campaigns, competitions, sponsoring or in order to test our products with a specific validity period.

10 Complaints

1. Incorrect deliveries, quantity deviations and obvious defects must be reported to RAUSCH without undue delay and no later than two working days following receipt of the goods. Any complaints due to latent defects may be lodged in writing by no later than one year of receipt of the goods. Returns will only be accepted if you have contacted us to arrange this, and must include all accessories and a copy of the invoice enclosed. The purchaser is responsible for ensuring proper transport. The purchaser is also liable for the shipping costs. RAUSCH shall decide at its discretion whether a defective delivery will be rectified or replaced in full or in part. All additional warranty rights are expressly excluded. RAUSCH shall not be liable in particular for indirect or direct damage.
2. We place great emphasis on customer satisfaction. You can contact us at any time via our contact form. We shall endeavour to review your concern as quickly as possible and shall contact you once we have received the documents or your comment or complaint. In case of complaints, you can help us by describing the problem or defect as precisely as possible and if necessary by sending us a copy of the order documents, or even by supplying the order number, customer number, etc.
3. In the case of service queries, please contact our customer service team using the following details:

RAUSCH AG Kreuzlingen
Bärenstrasse 12
8280 Kreuzlingen
Tel.: +41 71 678 12 12
Fax: +41 71 678 12 06
Email: info@rausch.ch

11 Liability for technical issues

To the extent permissible by law, RAUSCH excludes any liability that may arise from temporary or permanent technical issues and/or disruptions to operations concerning its website, email communication or other technical systems. In particular, all liability for disruptions to transmission, data loss, security flaws, etc. is excluded. RAUSCH shall not be liable for gross negligence and/or wilful misconduct in cases of improper conduct and disregard of the risks by the customer or third parties, improper operational demands and/or unsuitable operating materials used by the customer or third parties, force majeure, environmental effects, interventions by the purchaser or disruptions by third parties, infection with harmful programs such as viruses, worms, etc.

12 Confidentiality of the data

RAUSCH collects and processes data using automatic data processing systems in compliance with Swiss data protection legislation. Your data will be used exclusively for the smooth handling of your request and to improve our range of products and our services. RAUSCH will treat your data in confidence and not pass it to third parties unless the operational circumstances render it expedient to permit third-party processing of the data in Switzerland or abroad, whereby any such third parties shall be subjected to a contractual obligation to observe the confidentiality of the data.

13 Governing law, jurisdiction

These terms and conditions and the transactions performed via the website of RAUSCH are subject exclusively to substantive Swiss law excluding the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (UN Sales Convention/CISG). To the extent permissible by law, Kreuzlingen, Switzerland shall be the exclusive place of jurisdiction for both parties. The purchaser may not transfer any rights and obligations under this Agreement to third parties. In case of doubt, the German-language version of the terms and conditions shall be authoritative and shall take precedence over any versions in other languages.

14 Final provisions

These terms and conditions supersede all previous arrangements and terms and conditions of business between the parties.

8280 Kreuzlingen, September 2023