Terms and Conditions
On this page you will find our terms and conditions of Tauchshoponline.ch (LA Partner GmbH).
Consultation and support: support@tauchshoponline.ch or phone: 041 420 66 06
Application and Validity
tauchshoponline.ch and tauchshopluzern.ch offer their customers, hereinafter referred to as “customers”, a wide range of products and services. These General Terms and Conditions, hereinafter referred to as GTC, govern the rights and obligations of tauchshopluzern.ch and tauchshoponline.ch towards their customers.
Only the following terms and conditions shall apply unless different terms have been agreed with the customer in writing. Any ancillary agreements, amendments or additions to these GTC must be made in writing in order to be valid.
Should individual provisions or parts thereof be or become ineffective, invalid or unenforceable, the validity and effectiveness of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of any invalid provision.
Orders
Orders can be placed online via tauchshoponline.ch or directly at tauchshopluzern.ch. Please always provide your telephone number and e-mail address when placing an order so that we can contact you quickly if we have any questions.Orders and service or orders for pickup
If ordered goods or service and repair jobs are not collected within 30 days of the first collection notice, we reserve the right to charge reasonable storage fees.
If the goods or items are not collected within 3 months of the first collection notice despite repeated requests for collection, we are entitled to set the customer one final reasonable collection deadline. If this deadline expires without collection, we reserve the right to store the items at the customer’s expense, realise their value or, if realisation is not possible or economically reasonable, dispose of them.
Any proceeds from realisation shall be offset against outstanding claims, in particular repair, service, storage, shipping and realisation costs. Any remaining surplus shall be due to the customer.
Storage costs incurred up to the date of collection must be paid no later than upon handover of the goods or item.
Prices
Due to fluctuations in exchange rates, changes in manufacturer and supplier prices and unforeseen economic developments, price adjustments may become necessary. Price changes remain reserved until the purchase contract has been concluded. We endeavour to offer our customers attractive and up-to-date prices at all times.
The prices stated in the online shop apply at the time the order is placed. The purchase contract is only concluded upon our express acceptance of the order or upon dispatch of the goods. In the event of obvious pricing, typographical or system errors, we are entitled to reject the order or correct it before conclusion of the contract. The customer will be informed accordingly and may decide whether to place a new order under the corrected conditions.
Prices in the tauchshoponline.ch online shop may differ from prices in the tauchshopluzern.ch retail store. If this is the case, there is no entitlement to reimbursement of the difference.
The prices stated include the statutory Swiss value added tax (VAT). Swiss VAT does not apply to shipments of goods abroad.
Delivery and payment terms
We ship against advance payment or invoice and accept bank or postal transfer, Twint, PayPal, Visa, Mastercard and American Express. Shipping costs are charged in addition to the item price. If you select the “collection” option, you can save the shipping costs, but this does not exempt you from advance payment.Order and payment by invoice
Payment by invoice is only available in Switzerland. Please note that we only offer delivery against invoice to existing customers who already have an approved invoice account.
A surcharge of 5% of the total order value applies to payment by invoice. Following a possible credit check, the goods are shipped against invoice with a payment term of 10 days.
If the payment deadline is not met, we reserve the right to make future deliveries against advance payment only.
Packaging and shipping costs / transfer of risk
Shipping costs within Switzerland
Within Switzerland, shipping costs are charged at a flat rate of CHF 12.– for parcels up to 10 kg. Orders with a value of CHF 500.– or more are shipped free of charge.
Lead weights, diving cylinders, compressors and all items weighing more than 10 kg are excluded. In such cases, shipping costs are calculated according to the actual weight.
If the parcel exceeds 60 × 60 × 100 cm and weighs more than 10 kg, we will charge the actual postage and any bulky-goods surcharge in advance.
Shipping to the European Union
We do not offer deliveries to member states of the European Union (EU).
Shipping costs within Europe (non-EU countries)
Shipping costs are charged at a flat rate of CHF 44.– for parcels up to 2 kg, provided that the total of length, width and height does not exceed 90 cm and no single dimension exceeds 60 cm.
Lead weights, diving cylinders and compressors are excluded. In such cases, shipping costs are calculated according to the actual weight.
If the parcel weighs more than 2 kg or exceeds the dimensions stated above, we will charge the actual postage and any bulky-goods surcharge in advance.
Shipping costs worldwide (excluding EU countries)
For deliveries to countries outside Switzerland and Europe, shipping costs are charged at a flat rate of CHF 60.– for parcels up to 2 kg, provided that the total of length, width and height does not exceed 90 cm and no single dimension exceeds 60 cm.
Lead weights, diving cylinders and compressors are excluded. In such cases, shipping costs are calculated according to the actual weight.
If the parcel weighs more than 2 kg or exceeds the dimensions stated above, we will charge the actual postage and any bulky-goods surcharge in advance.
Important
Shipping prices may change at any time. As our ordering system cannot automatically determine whether an international order falls within the package dimensions and weight limits stated above, we reserve the right to request payment of any difference resulting from higher actual shipping costs before dispatch.Handling fees / customs duties / foreign VAT
When a shipment is delivered abroad, the foreign postal administration may charge the recipient handling and customs fees as well as the applicable statutory VAT in the destination country.
We have no influence over these charges. They must be paid by the recipient.
Transfer of risk
The risk of accidental loss or accidental damage to the goods passes to the customer as soon as the shipment has been handed over to the carrier for transport.
Any claims relating to damage, loss, delay or non-delivery during transport should, where possible, be reported to us and to the carrier without delay.
Delivery conditions
Delivery is always subject to the availability and deliverability of the products from the manufacturer.
The dimensions stated on tauchshoponline.ch and tauchshopluzern.ch are approximate. We reserve the right to make minor customary or technically unavoidable deviations in quality, shape or colour, provided that these do not materially affect the function or appearance of the product.
Product images may differ from the original product.
The goods remain the property of Tauchshoponline.ch or Tauchshopluzern.ch in Lucerne, Switzerland, until payment has been made in full.
Delivery times
No stock levels are shown on our website. We generally deliver within 3–8 working days, excluding Saturdays and Sundays.
Delivery times may be longer if an item has to be reordered from the supplier or if the supplier is unable to deliver immediately.
Delivery delays
If an item is not immediately available, we will make every effort to deliver the goods as soon as possible. However, there is no entitlement to immediate delivery.
If a delivery is delayed beyond a delivery date expressly confirmed in writing by tauchshoponline.ch or tauchshopluzern.ch, the customer may, after setting an additional written deadline of at least three weeks, place tauchshoponline.ch or tauchshopluzern.ch in default. If a reasonable additional period then expires without performance, the customer may withdraw from the order concerned. Any further claims by the customer arising from the delay are excluded to the extent permitted by law.
In the event of delivery delays caused by circumstances beyond the control of tauchshoponline.ch or tauchshopluzern.ch, such as strikes, material shortages, transport interruptions, production stoppages at the manufacturer, transport problems or similar events, tauchshoponline.ch or tauchshopluzern.ch is entitled to cancel the order.
Any changes or cancellations requested by the customer require a written agreement with tauchshoponline.ch or tauchshopluzern.ch. Costs already incurred may be charged to the customer.
If the customer orders several items at the same time and one or more items are unavailable, delivery will generally be held until all items are ready for dispatch. Tauchshoponline.ch or tauchshopluzern.ch nevertheless reserves the right to make partial deliveries and charge the corresponding postage.
Acceptance and inspection
The customer is obliged to inspect the products and services supplied by tauchshoponline.ch or tauchshopluzern.ch immediately upon delivery or collection for completeness and correctness.
Obvious transport damage, shortages or incorrect deliveries should, where possible, be reported to us in writing within 5 days of receipt.
Hidden defects must be reported immediately after they are discovered. Mandatory statutory warranty rights remain reserved.
Exchange and return policy
We grant a voluntary exchange and return right within 7 days of receipt of the goods.
If an item does not meet your expectations, it may be returned within this period provided that it is unused, in its original packaging, complete and in perfect condition, together with a copy of the invoice.
Returns are accepted exclusively in exchange for another item or in the form of a voucher corresponding to the creditable value of the returned item. Cash payouts or refunds of the purchase price to the original payment method are excluded.
The following are excluded from the exchange and return policy: vouchers, swimwear for hygiene reasons, dive computers, dive watches, regulators, buoyancy compensators, diving cylinders, compressors, dive lights, rechargeable batteries, batteries, underwater photography equipment, optical lenses, swimming goggles as well as sale, promotional, clearance and liquidation items.
Special-order products ordered specifically for the customer or marked “on order” or “not a stock item” are excluded from exchange and return.
Obvious publication errors, such as incorrect images, incorrect prices or errors in product descriptions, do not create any entitlement to a refund of the purchase price. Mandatory statutory rights of the customer, in particular in the case of defective or incorrectly delivered goods, remain unaffected.
Returns
Before returning an item for exchange or return, the customer must contact us in advance so that the further procedure can be agreed.
Insufficiently franked shipments will not be accepted. For returns not agreed in advance, we reserve the right to deduct any resulting costs from the voucher or exchange value.
The return shipment is made at the customer’s cost and risk.
Returned items are, unless a direct exchange has been agreed, credited exclusively in the form of a voucher corresponding to the creditable value of the item.
No cash payout or refund via credit card, Twint, PayPal, bank transfer or any other payment method will be made.
If a returned item is incomplete, shows signs of use or is no longer in its original condition, we reserve the right to apply an appropriate reduction in value or refuse the return.
Any processing or refurbishment costs may be deducted from the voucher value.
Please retain the proof of posting or return receipt. In the event of loss of the shipment by the carrier, this receipt will be required for investigations or liability claims.
In the event of an exchange, the customer bears both the cost of returning the original item and the cost of sending the replacement item. Shipping costs for the replacement goods will be invoiced before dispatch.
Statutory warranty rights in the case of defective or incorrectly delivered goods remain unaffected by these voluntary exchange and return conditions.
Order cancellations
Orders may be cancelled free of charge within 48 hours of receipt and before dispatch, provided that the order has not yet been processed, specially ordered or shipped.
Any documented costs already incurred may be charged in the event of a later cancellation.
Refusal or non-collection of a shipment
If our shipment is refused or not collected from the post office, the following costs will be charged to the customer: our shipping costs, return shipping charges and any applicable handling fees.Guarantee and warranty
The statutory warranty provisions apply to new products. Warranty claims generally become time-barred two years after delivery of the goods, unless otherwise provided by law.
Individual products may also be covered by voluntary guarantees from the manufacturer or supplier. The scope, duration and conditions of such a manufacturer’s guarantee are governed by the respective guarantee terms of the manufacturer or supplier.
For batteries and rechargeable batteries, voluntary manufacturer guarantees may be shorter due to their nature as wear items. The customer’s statutory warranty rights in the event of a proven defect remain unaffected. Normal loss of battery capacity due to age or use does not constitute a defect.
Excluded from guarantee and warranty are, in particular, damage resulting from improper use, incorrect handling, external influences, failure to observe operating or care instructions, as well as normal wear and tear.
If a defect is claimed, we reserve the right to inspect the item first or have it inspected by the manufacturer or supplier.
In the case of justified warranty claims, we reserve the right, at our discretion, to repair the defective item or replace it with an equivalent item.
A reduction in price, rescission of the contract and further claims are excluded to the extent permitted by law. Mandatory statutory claims remain reserved.
If the inspection shows that no guarantee or warranty case exists, in particular in the event of improper use, normal wear and tear or damage caused by the customer, the costs incurred for inspection, processing, shipping and other expenses may be charged to the customer.
Please retain the invoice or receipt as proof of purchase.
Shipping costs in connection with guarantee or warranty cases are handled in accordance with the statutory provisions and the applicable guarantee conditions.
Liability
The use of products intended for scuba diving as well as products intended for specialised water sports requires the necessary knowledge, training and, where applicable, appropriate certifications.
To the extent permitted by law, no liability is accepted for damage resulting from inadequate training or specialist knowledge, improper use or handling, failure to observe manufacturer instructions or failure to comply with prescribed maintenance or service intervals.
Tauchshoponline.ch and Tauchshopluzern.ch are liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence.
To the extent permitted by law, liability for slight negligence as well as for indirect or consequential damages, including production downtime, loss of use, loss of data, loss of orders and loss of profit, is excluded.
Mandatory statutory liability provisions remain reserved.
Returns must in all cases be sent to:
Tauchshopluzern.ch, Zürichstrasse 66, 6004 Lucerne.
Late payment
In the event of late payment, we reserve the right to issue a reminder to the customer and, if payment is still not made, to transfer the outstanding claim to a debt collection service provider.
Any legally permissible reminder fees, default interest and debt collection costs may be charged to the customer.
We reserve the right to amend these GTC at any time.
Errors, price changes and printing errors are reserved.
Swiss law applies. Mandatory statutory provisions of the country in which a consumer has their habitual residence, as well as mandatory statutory places of jurisdiction, remain unaffected. To the extent permitted by law, the place of jurisdiction is Lucerne, Switzerland.
Tauchshoponline.ch / Tauchshopluzern.ch 2007 - 2024
LA Partner GmbH, Rosenbergweg 8, 6004 Luzern