Terms and Conditions of Sales and Delivery

General Terms and Conditions of Sales and Delivery
of GTO Clothing for Customers

§ 1 General Information

Your contractual partner for all orders within the scope of this online offer is GTO Clothing, represented by: Katja Müller and Daniel Müller, of Regensdorferstr. 18, 8049 Zürich, Switzerland, hereafter referred to as “GTO Clothing”.

All deliveries from GTO Clothing to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between GTO Clothing and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if GTO Clothing has agreed to them in writing.

§ 2 Responsibility for Online Offer

GTO Clothing is responsible for the articles and motifs offered in the “GTO Clothing shop” as well as the overall design of the shop.

§ 3 Conclusion of the Contract

(1) The “offers” contained on the website represent a non-binding invitation for the customer to place an order with GTO Clothing.

(2) (2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: English (German version follows)
Then GTO Clothing sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibilit. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by GTO Clothing.

The contract only materialises when GTO Clothing dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Delivery Confirmation”). The details of the order can also be viewed online in the user profile under https://www.gtoclothing.com/my-account.

(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to GTO Clothing. This proviso shall not apply in the event of short-term disruption to deliveries or if GTO Clothing can be held responsible for non-delivery, in particular if GTO Clothing fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.

§ 4 Delivery / Shipment

(1) In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by GTO Clothing in writing.

(2) Delivery is available Worldwide: More information can be found at https://www.gtoclothing.com/delivery.

(3) Delivery shall be conducted by a shipment service provider chosen by GTO Clothing. The customer has to pay standard delivery costs which may depend on order value, and where it is shipped to. Current delivery prices can be viewed at https://www.gtoclothing.com/delivery.

(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), GTO Clothing shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.

§ 5 Prices

(1) All stated prices are net prices. The delivery address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.

(2) The customer has to pay delivery and handling, which may depend on order value and the delivery location. Current delivery prices can be viewed at https://www.gtoclothing.com/delivery.

(3) Purchase price, along with delivery and handling charges are immediately payable, without deduction.

§ 6 Payment

(1) The customer chooses the method of payment, which may credit card or PayPal. GTO Clothing reserves the right of restricting the number of payment methods that a customer can choose from on the basis of factual criteria, as for example the order value.

(2) In case of the method of payment chosen by the customer not being practicable, where GTO Clothing has met its contractual obligations, then the customer shall reimburse any additional costs incurred by GTO Clothing or a third party which carried out the transaction.

(3) GTO Clothing is entitled to make use of the services of trustworthy third parties for the handling of the payment:

a) If it comes to a default of payment of the customer, GTO Clothing is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.

b) In the case of intervention of third parties in the handling of payments, then payment in relation to GTO Clothing only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

§ 7 Conditional Sale

(1) Up to the payment of any monies owed to GTO Clothing the goods remain the property of GTO Clothing. If the customer is a merchant according to the SOGC (heading commercial register), GTO Clothing remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.

(2) The customer is obliged to handle the product with care up to the transfer of ownership.

§ 8 Guarantee

(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by GTO Clothing for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.

(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.

(3) In the case of return shipments due to defects GTO Clothing will also pay for the cost of postage.

(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, GTO Clothing shall not be liable for the continuous and uninterrupted availability of the online offer.

(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to SOGC (heading commercial register).

(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.

§ 9 Limitation of Liability

(1) Apart from that, liability on the part of GTO Clothing follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. GTO Clothing only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, GTO Clothing also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) GTO Clothing´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of GTO Clothing according to the German Product Liability Act remains unaffected by the abovementioned provisions.

(2) As far as liability of GTO Clothing is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of GTO Clothing.

§ 10 Information about the right of withdrawal for consumer

Right of withdrawal

As GTO Clothing manufactures every single product according to your order, you cannot withdraw from the contract (order) or exchange items to another size (§ 312 d Abs. 4 Nr. 1 BGB). However, we are very fair and If you are not satisfied with the quality of your product, simply contact our helpful Service Ninja’s.

If the ordered item contains defects (e.g. because of a printing error), then we will obviously take the product back, reimburse your money or send a error-free shirt.

Despite our strict controls, product defects and print mistakes sometimes do occur. All defective products will be exchanged or refunded immediately and without question. In this case, GTO Clothing will refund all postage costs. Please make sure to correctly stamp all returning packages. We will reimburse all postage expenses ex post. Please do not return anything before contacting our Customer Service at [email protected], explaining the defect and stating the order number. GTO Clothing will tailor an individual exchange process. Our Customer Service will let you know about this procedure.

§ 11 Technical and Design Deviations

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

§ 12 Data Protection

GTO Clothing uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by GTO Clothing for fulfillment and handling of the contract. This data is treated confidentially by GTO Clothing and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which GTO Clothing has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

§ 13 Place of Jurisdiction – Place of Fulfillment – Choice of Law

(1) Place of fulfillment for all services is the place of business of GTO Clothing in Zürich-Switzerland.

(2) As far as the customer is a merchant according to the SOGC (heading commercial register), a legal entity under public law or special fund under public law, then Zürich-Switzerland is the place of general jurisdiction. In such case, GTO Clothing is also entitled to sue the customer according to the opinion of GTO Clothing at their resident court. The same applies if the customer does not have their place of general jurisdiction in Switzerland, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.

(3) According to these general terms and conditions the agreement is exclusively subject to the law of Switzerland. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer and is generally not resident in Switzerland, the mandatory regulations of this country remain unaffected.

(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.

Version 3/2017