1. Registration
1.1. To place an order request, it is necessary that the applicant registers with the required data and information. The applicant is required to provide truthful information and bears all consequences arising from false information. User accounts that have been created using false information will be deleted immediately.
1.2. Registration can be made on the website of EUROGOODS (www.eurogoods.ch). The user receives a log-in ID with a username and password, which he must keep secret and protect against third access from third parties.
2. Request for an order
2.1. As a registered user, the applicant may on the website of EUROGOODS enter a desired order for the procurement of goods in EU countries.
2.2. Applicants have to fill in the mandatory fields, truthfully and completely, otherwise the processing of the desired order is not possible.
2.3. The order request will then be checked by EUROGOODS. Upon positive test result the applicant will receive a confirmation indicating all prices and cost to be paid for this order to EUROGOODS.
2.4. EUROGOODS reserves the right to refuse the order request or in case of an error, recalculate customs or other costs and to subsequently charge these to the customer. The applicant hereto declares his explicit consent.
3. Payment
3.1. The applicant must pay the amount stated in EUROGOODS’ confirmation in full, using one of the payment methods offered. The contract is concluded with receipt of the full invoice amount into in the account of EUROGOODS. EUROGOODS will then order the goods desired by the customer via its Germany-based partner company with the supplier chosen by the customer and shall ensure that the goods will be forwarded to the purchaser without delay, once they have been delivered by the supplier to the warehouse of EUROGOODS German partner company.
3.2. EUROGOODS will at no time accept an obligation for the delivery of the goods or a guarantee of certain conditions or characteristics of the product. This falls to the exclusive responsibility of the pre-suppliers (online store) selected by the customers. Liability claims regarding damage from non-delivery or defects of the product etc. cannot be claimed against EUROGOODS. EUROGOODS is solely responsible as an intermediary for the proper import of the goods to Switzerland.
3.3. A refund of foreign VAT to the customer is excluded, as it is claimed by EUROGOODS to cover the import costs.
3.4. If the supplier selected by the customer refuses to deliver the desired goods, regardless for which reasons, EUROGOODS is committed to refund the payment made by the customer. All kinds of additions claims against EUROGOODS are excluded.
4. Order changes, cancellations
4.1. The application transfers to a firm order, once the order request has been submitted by the applicant to EURGOODS. At this time modifications or cancellations of orders are no more possible.
4.2. Any requests to change or cancel an order must be submitted to EUROGOODS in writing, e.g. by email. If a cancellation of the contract is accepted by the pre-supplier, EUROGOODS will retain 15% of the prepaid transaction price as expense allowance. If any additional charges are claimed by pre-suppliers, EUROGOODS will also retain such amount from the prepaid amount. Any remaining balance will be refunded to the customer.
5. Price changes / temporary promotions
5.1. Special offers by an online shop related to the customer, e. g. a discount for new customers etc., cannot be claimed by the applicant, as he does not figure as the buyer.
5.2. EUROGOODS accepts no responsibility for the timely receipt of orders by the pre-supplier in case of temporary promotions. The processing of applications will usually be made in the order of their receipt by EUROGOODS, and the ordering with pre-suppliers in the order of receipt of the payments, respectively immediately or as soon as possible, but without guarantee for a specific execution date or a specific time or time limit.
5.3. In case the price of ordered goods changed between applicant’s request and the submission of the confirmation by EUROGOODS, EUROGOODS will state the current pricing in the confirmation to applicant. If the price changed after sending the confirmation, EURGOODS shall notify applicant without delay once EUROGOODS has received knowledge about that change. The applicant can then decide whether he maintains the order with immediate payment of the price increase to EUROGOODS or whether he wants to cancel it free of charge. Until applicant’s decision and until receipt of the payment of the corresponding price difference, the order remains pending. Goods will be ordered only after receipt of the full purchase price in EUROGOODS account.
6. Return of shipments due to absence or refusal
6.1. EUROGOODS will inform the customer as soon and as far as possible about the planned delivery. This is also considered by the information of consignment’s tracking number, by which the customer can find out the estimated delivery of the dispatched consignment.
6.2. The delivery and possibly multiple delivery attempts take place in accordance with the conditions of the postal service provider. Failure of parcel delivery due to absence of the customer or denial of acceptance by the customer leading to a return of the parcel to sender, will be at customer’s responsibility. All incurred costs for the return and additional cost for re-sending the parcel to his address will be for customer’s account.
6.3. In such cases EUROGOODS is entitled to claim all additional cost for the return and the re-expedition of the consignment, plus an expense allowance of EUR 15, - per parcel from the customer. Upon receipt of this payment, the parcel will be sent again. In case the goods shall be returned to the pre-supplier - provided this is accepted by the pre-supplier - any costs incurred, including an expense allowance of 15% of invoice value will be deducted from the prepaid purchase price, the remaining amount will be refunded to the customer.
6.4 If the customer fails to agree on the further treatment of his consignment that was returned to EUROGOODS, so that the parcel cannot be resend to the customer nor returned to the supplier, EUROGOODS will hold the consignment for a period of max. 60 days in their storage. After this period EUROGOODS is entitled to return the goods to the supplier or to arrange private sale of the goods.
7. Damages and defects at delivery
7.1. The customer is obliged to check the consignment immediately upon delivery by the parcel service for obvious damages and for completeness and correctness of the delivery. Complaints about obvious damage to the package must be expressed immediately and confirmed in writing with the delivery man. Hidden damages and other defects in the delivery must be notified by the customer to EUROGOODS within 48 hours after receipt of the package in writing.
8. Replacement
8.1. If the customer wishes goods replacement or returning of the goods to suppliers because being dissatisfied for any reasons with the goods, he can do that on his own expense. EUROGOODS will assist customers upon request with the provision of information or documents.
8.2. Refund of import tax and duty can only be applied for at the Swiss Customs Administration. Refund will be granted by the authority against a fee of 5% from the amount refunded however, a minimum of 30 Francs and a maximum of 500 Francs will be charged. Any refund must be applied for by the customer, please refer to the website of the Swiss Customs Administration under http://www.ezv.admin.ch/zollinfo_privat/04363/04376/04379/index.html?lan... and the publication 18.86. A request for a refund is not recommended for purchases of goods under the value of CHF 375 at 8% VAT or 1,200 francs at 2.5% VAT since the refund would only cover the minimum fee of 30 Francs charged by Swiss Customs Administration.
8.3. The refund of foreign VAT is expressly excluded.
8.4. In case that the pre-supplier would refund the net purchase price or parts of it to EUROGOODS, the refund will be forwarded to the customer.
8.5. The order to replace or exchange goods will cause costs like a new order, which have to be borne by the customer.
9. Delay in Delivery and non-fulfilment of contract due to force majeure
9.1. If the order or its delivery is delayed due to unforeseeable circumstances or force majeure and the delivery is considerably impeded, endangered or impaired, EUROGOODS cannot be held responsible for any damages or consequential damages or losses. An extraordinary right of termination is granted to customer only provided that this is granted by the pre-supplier (internet shop).
9.2. If the contract is terminated by the customer due to force majeure, any applicable additional costs or cancellation fees are to be borne by the customer.
10. Warranty
10.1. EUROGOODS accepts no warranty as to the quality, characteristics or other conditions of the goods, the sole responsibility for this rests with the manufacturer or pre-supplier.
10.2. EUROGOODS assumes no guarantee for a certain timing with respect to the ordering process or the delivery of the goods, as these factors are no within the control of EUROGOODS.
11. Limitation of Liability
11.1. EUROGOODS shall be solely responsible for the correct goods declaration at customs, which is based on the information provided by the customer or pre-supplier, as well as the payment of import duties and taxes. EUROGOODS assumes no responsibility for the accuracy of the information about the goods nor for damage or additional claims arising from third party’s incorrect or incomplete statements or declarations.
11.2. Erroneous statements by mistake will be corrected by EUROGOODS without delay and EUROGOODS reserves the right to charge any difference amount to the customer.
11.3. EUROGOODS is entitled to open consignments at any time for control purposes, e. g. to check the contents for completeness, integrity and correct declaration, to replace the packaging for safe shipment, add documents, merging goods for combined delivery etc.
12. Exclusion of claims
Claims against EUROGOODS can be raised under no circumstances with reference to the absence of warranted properties of the goods or titles to guarantee or warranty by the manufacturer or supplier. All claims concerning the goods must be addressed directly against manufacturers or suppliers.
13. General Provisions - Severability
The invalidity of any part of these provisions shall not affect the validity of the remaining provisions.
14. Place of Jurisdiction
Jurisdiction is agreed at the seat of the platform operator at the court of Überlingen / Germany