Binbag GmbH General terms and Conditions
1. Policy Agreement
The following general terms and conditions are applied to the ordering and receiving of the “binbags” as well as any items ordered by our clients via our online shop www.binbag.ch. With the submission of orders, all general terms and conditions will be applied. Binbag retains the right to change said terms and conditions.
All items subject to these terms and conditions are exclusive to Switzerland.
2. Exclusive application of terms and conditions
Any additional changes to provided services are still subject to the terms and conditions laid out in Paragraph 1, as stated above.
3. Termination of Contract
The offers provided by www.binbag.ch are non-binding. Said offers are, however; legally applicable upon the request of the client. The termination of any and all contract(s) between binbag and its clients will only be recognized upon request and acceptance, via e-mail. The formular, provided by binbag requesting an ordering of “Cancellation of Services” must be completed online.
4. Registration/Change of Address
All clients must register via www.binbag.ch . Registration fees are non applicable, however; all clients are required to offer their correct and accurate personal information and are hereby required to personally update any changes to any personal information. Any written and/or electronic communications between binbag and its clients are binding, providing that the client has provided any and all accurate contact information, as requested. In the cases in which the client has not provided the correct personal information, the clients must agree to allow the Post to inform binbag of accurate contact information.
All offers from binbag include fee obligated Trash bags, among offer products. The minimum contractional obligation is one year (12 months). It is the intention of binbag to delivery all and any in an accurate and timely manner upon payment. All clients are free to inform binbag, by means of its website, of the frequency and the amount of the products received using the “Client Profile” found on our website www.binbag.ch.
6. Termination of Subscription
All subscriptions can be terminated by clients, per email. Any and all cancellations must be submitted at least one months prior to the intended date of service termination and must be confirmed by binbag. Failure to do so nullifies the desired date concerning the termination of services. As a result, all services will be automatically extended by 12 months.
The processing of payment will be exercised upon the completion of the application of services. All clients will receive an “electronic bill” via email, containing the total amount owed. All clients allow binbag, upon completion of registration and receival of products, to charge the respective accounts, by means of methods of payments provided by clients. All ordered products will be sent upon completion of payment. Upon successful completion of payment, all clients will be notified per email. In cases of unsuccessful transfer of payment to binbag, clients are then notified by binbag, via email of the one,time limited payment window of 30 days. In cases of continued nonpayment, binbag reserves the right to immediate discontinue services.
All prices are set in Swiss francs including sales tax, as well as Commission fees. binbag reserves the right to change prices accordingly and when necessary. Upon confirmation of registration on the day of registrations all prices are made public. Only payments made in Swiss francs will be accepted. The prices are calculated on the basis of bin bags current price and are valid when the order is received. The total price consists of the price for the ordered item, the service fees (including shipping costs) and any deductions for credit (e.g. from coupons or vouchers).
9. Cost of Shipping and Commission
The shipping costs with regard to the ordered items are included in the total price. Any changes to the delivery frequency or quantity of service can lead to an adjustment of the total price. Any credit card fees, and other transaction commissions are included in the total price.
10. Pause in Subscription
If the subscription is set to "inactive" in the customer portal on the website, the deliveries of the corresponding articles will be stopped (until the subscription is reactivated). The subscription is automatically renewed for the duration of the suspension. Refunds are closed. The client can reactivate the subscription and the article can be delivered again from the next delivery date.
binbag attaches great importance to maintaining availability. However, delivery delays may occur, in particular due to production or delivery complications. Availability and delivery time are therefore without guarantee and are subject to change. Deliveries are made by PostPac Economy and should reach the customer within the time promised by Post. In particular, binbag is not responsible and is not liable for delivery delays caused by the post office. The articles are shipped from stock. The articles will be sent to the customer in the quantity or frequency according to their order (order form / shopping cart on the website) or the confirmation e-mail on the dates mentioned. If the customer refuses to accept the delivered item or if the items cannot be delivered for any reason and through no fault of binbag, binbag can terminate the contract and refund the customer for the items that have already been paid for or not yet purchased for a processing fee of CHF 40.00 .
12. Retention of title
Until the customer has fully paid the purchase price from the current contract period, the ownership of the articles remains with binbag.
The customer acknowledges that the public fees for chargeable rubbish bags will be redefined by the respective municipalities on January 1st of any new year. binbag reserves the right to adjust the prices for the subscriptions / other articles (in accordance with paragraph 8 above) in accordance with any adjustments to the fees (by the municipalities). The customer accepts that the prices for the subscriptions and the other items in the event of a fee increase by the municipalities, binbag endeavors, but is not obliged, to adjust the prices accordingly and to credit or pay the customer (at binbag's option) the difference for future orders.
14. Data protection / electronic communication or data transmission
The personal data collected will be treated confidentially and in good faith in accordance with data protection law. If necessary, in the context of fulfilling the contract, data can also be passed on tocommissioned service partners (e.g. logistics companies, service partners, etc.). Further information on data protection can be found in the data protection declaration. Datenschutzerklärung
binbag cannot guarantee the seamless electronic data transmission or the availability of the website at all times. binbag assumes no liability for the security of the data transmitted on the Internet. The data is generally transmitted using SSL encryption. binbag is not liable for interruptions in data transmission or interruptions in the availability of the website, technical or electronic problems during the ordering process or during the receipt and confirmation of orders.
For the articles delivered as part of the subscription including the other articles as well as for any other services, binbag excludes - to the extent permitted by law - any (legal and contractual) warranty.
Liability is based on the applicable statutory provisions. However, binbag is in no way liable for (i) slight negligence, (ii) indirect and consequential damage and consequential damage and loss of profit, (iii) unrealized savings, (iv) damage from default of delivery and (v) any actions and omissions of the auxiliary staff of binbag, be it contractual or non-contractual. In particular, binbag is not liable for items lost or damaged during delivery. The Swiss Post is responsible for deliveries from the place of dispatch to the customer. The general terms and conditions of the Swiss Post apply.
17. Right of return in the event of system
At Binbag we grant our customers the right to return the products once the delivery has been made (14 business days) in the event that: Binbag has provided trash bags from another municipality, another region or waste disposal facility. Please, before returning the products, the customer must contact Binbag and report the facts including the corresponding order number, via the following email address: email@example.com
Our team will respond to the client to correct the facts and proceed to a clarification. Afterwards, the products must be returned to the following address: binbag GmbH, Forchstrasse 234a, 8032 Zurich. Attaching the order confirmation sheet with the text: "subject to its unused status" The customer is responsible for the shipping costs in the return of the products.
18. Severability clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if part of a regulation is effective. The respective ineffective provision is to be replaced by the parties with a regulation that does not contradict the other contractual agreements.
19. Applicable law and place of jurisdiction
Swiss substantive law is applicable to this contract, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention) and excluding the provisions of international private law.
The courts in Zurich 1 are responsible for all disputes arising from or in connection with this contract.