Terms and Conditions

General Terms and Conditions of Peng Market GmbH

 

1 Scope

1.1 The present General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Peng Market GmbH (hereinafter "Peng Market") and the customer via the online shop or other sales channels.

1.2 Peng Market GmbH, Löwengraben 4, 6004 Lucerne, Switzerland, is registered in the commercial register and operates the online shop under the website: www.pengmarket.ch

1.3 Deviating conditions of the customer are not recognised unless Peng Market GmbH expressly agrees to their validity in writing.

 

2 Conclusion of contract

2.1 The presentation of goods in the online shop does not constitute a legally binding offer but an invitation to order. Errors are reserved.

2.2 By clicking the "Buy" or "Complete Order" button, the customer places a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. The contract is concluded as soon as Peng Market GmbH accepts the order by a separate e-mail or by delivery of the goods.

 

3 Prices and payment terms

3.1 The stated prices are in Swiss Francs (CHF) and include the statutory value-added tax.

3.2 Peng Market GmbH accepts the following payment methods: credit cards, Twint, cash, and in exceptional cases also PayPal or invoices. Online, Peng Market GmbH only accepts credit cards and Twint and in exceptional cases also PayPal or invoice.

3.3 Unless otherwise agreed, payments are due immediately and without deduction. In case of default of payment, Peng Market GmbH is entitled to charge default interest and dunning fees.

 

4 Delivery and shipping conditions

4.1 Orders are usually dispatched within two working days. In exceptional cases, however, dispatch may take up to 9 working days.

4.2 Shipping is standard by Economy via Swiss Post. Shipping costs, if any, will be calculated at checkout. Peng Market GmbH generally covers shipping costs unless otherwise specified.

4.3 Peng Market GmbH reserves the right to withdraw from the contract in the event of unavailability of the ordered goods. In this case, the customer will be informed immediately and any consideration already received will be refunded immediately.

 

5 Retention of title

5.1 The delivered goods remain the property of Peng Market GmbH until full payment.

 

6 Warranty and liability for defects

6.1 To the extent permitted by law, Peng Market GmbH completely excludes the warranty for the goods sold. This means that the customer cannot assert any claims due to defects that were present at the time of handover of the goods or that occurred later.

6.2 Notwithstanding the foregoing exclusion of warranty, Peng Market GmbH shall nevertheless be liable for defects based on intent or gross negligence.

6.3 The limitations and exclusions of liability set out in Section 6 also apply to claims based on defects.

 

7 Returns and right of withdrawal

7.1 Returns and exchanges are generally excluded unless expressly required by law.

7.2 Peng Market GmbH does not grant consumers a right of withdrawal within the framework of Swiss legal provisions. By ordering the goods, the customer agrees to waive a right of withdrawal after the conclusion of the contract.

 

8 Copyright and terms of use

8.1 The use of the website and online shop of Peng Market GmbH (hereinafter "website") is subject to the following terms of use:

8.2 Access and use: Access to and use of the website is permitted for personal use and for informational purposes. The user undertakes not to use the website for unlawful purposes or actions that violate these terms of use.

8.3 Copyright and intellectual property: All content on the website, including texts, images, logos, graphics, videos and other material, is protected by copyright and is the intellectual property of Peng Market GmbH or its respective rights holders. The reproduction, distribution, publication or use of this content is prohibited without the express written consent of Peng Market GmbH or the respective rights holder.

8.4 Limitation of liability: Peng Market GmbH endeavours to keep the website up to date and error-free, but assumes no liability for the accuracy, completeness and timeliness of the information on the website. The use of the website is at the user's own risk.

8.5 External links: The website may contain links to external third-party websites. Peng Market GmbH is not responsible for the content and data protection practices of these external websites and assumes no liability for damages arising from access to or use of such websites.

8.6 Changes to the terms of use: Peng Market GmbH reserves the right to change these terms of use at any time. The changed terms of use apply from their publication on the website. By continuing to use the website, the user agrees to the changed terms of use.

8.7 Violations of the terms of use: In the event of violations of these terms of use, Peng Market GmbH reserves the right to block access to the website in whole or in part, to initiate legal proceedings and to assert claims for damages.

 

9 Applicable law and place of jurisdiction

9.1 The law of the Swiss Confederation shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.2 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship between Peng Market GmbH and the customer is Lucerne, Switzerland.

 

10 Dispute resolution

10.1 In the event of disagreements, disputes or claims arising out of or in connection with these General Terms and Conditions, the parties shall first attempt in good faith to reach an amicable solution.

10.2 Should no amicable solution be found, the parties are obliged to consider an alternative dispute resolution procedure, such as mediation or conciliation, before initiating legal steps. The parties may agree on an independent mediator or conciliator to help find an amicable solution.

10.3 Participation in such an alternative dispute resolution procedure is not mandatory, however, and each party reserves the right to initiate legal action at any time to protect its rights and interests.

10.4 The provisions of this Section 10 do not affect the right of a party to seek an injunction or other interim remedies from a competent court if necessary to prevent irreparable harm.

 

11 Contract language

11.1 The contract language is German. All communication and documentation in connection with these General Terms and Conditions, including offers, orders, order confirmations and other legal documents, must primarily be in German. However, Peng Market GmbH may, at its sole discretion, make information, products and parts of the website available in English.

11.2 Should these General Terms and Conditions or parts thereof be translated into another language, including English, the German text shall always prevail and be binding in the event of discrepancies, questions of interpretation or contradictions between the translation and the German original text.

 

12 Final provisions

12.1 Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

12.2 Peng Market GmbH reserves the right to change these GTC at any time. The amended GTC apply from their publication in the online shop of Peng Market GmbH.

 

Lucerne, March 24, 2023