General Terms and Conditions (GTC)
Scope of application
These General Terms and Conditions (hereinafter “GTC”) of primal instinct corporation (hereinafter “primal instinct”) apply to all services and products offered by the company (hereinafter the “products”). A customer is deemed to be any natural person or corporate entity maintaining a business relationship with primal instinct.
By submitting an order the customer accepts these GTC in their entirety and without limitation. Any contrary conditions of the customer which deviate from these GTC shall not be recognised.
The prevailing and binding version of the GTC shall be published on the internet at www.primal.ch. A written copy can be obtained from primal instinct. In the event of a different interpretation of the translated version and the original German version, the latter shall be legally binding.
Conclusion of contract
The submission of an order by the customer shall be deemed to constitute the conclusion of a contract, irrespective of the method of payment selected. The automatically generated confirmation of order by e-mail does not constitute an undertaking that the products can be supplied by primal instinct, but is only intended to inform the customer that the order has been received by primal instinct. If an order cannot be executed, the sales contract shall be annulled and the customer shall be immediately notified accordingly. In the event of payment being made by credit card or PostFinance Card, the invoice amount due shall not be debited from the customer's card until the order is shipped.
Product information and warranty
primal instinct provides its customers with information about the products offered, which is as comprehensive as possible. The product information is, in part, obtained directly from the manufacturers and/or suppliers. The information is shown clearly by primal instinct in its online shop. All product information and warranty details are subject to change. In particular, no liability can be assumed for the correctness, completeness and up-to-date nature of the information provided.
primal instinct obtains all the products offered directly from the manufacturers or the respective Swiss general importers with a Swiss warranty. To obtain warranty service, the customer must act in accordance with the instructions published on www.primal.ch under “Warranty & Service”.
The prices quoted at the time of the order shall apply (errors excepted). All prices are quoted in Swiss francs (CHF) and include value-added tax and advance recycling fees. All prices are subject to change and apply while stocks last.
At the customer's request, invoices can also be issued in euros for advance payment, in which case the daily exchange rate shall apply. If payment is made with a credit card which does not issue statements in CHF, the conversion rate charged by the credit card company shall apply.
The customer shall either pay by credit card (MasterCard or VISA), by PostFinance Card or by payment in advance. In the event of payment being made in advance, the customer shall be sent a personal e-mail with an invoice as soon as possible. Of course, all of the products can also be tried out directly in primal instinct's showroom in Bettlach and can be paid for in cash. It should be noted, however, that primal instinct does not stock all products. If necessary, these may have to be re-ordered first.
Shipping and packaging costs
primal instinct charges a flat-rate shipping fee of CHF 6.00 for orders of less than CHF 100.00. In principle, primal instinct delivers products free of shipping costs in Switzerland and the Principality of Liechtenstein for orders of a value of CHF 100.00 or more.
The flat-rate shipping fee for deliveries abroad is CHF 40.00 (Economy) or CHF 50.00 (Priority), regardless of the value of the order and up to a weight of 5 kg at maximum.
Terms of delivery
Products which are in stock at primal instinct are dispatched following receipt of payment. Orders received by 4:00 p.m. are usually dispatched on the same working day.
The transport time for items in stock is normally 1-2 working days for Switzerland in the case of standard shipping, and 5-10 working days for other countries. If delivery is delayed, primal instinct shall inform the customer immediately of this via e-mail.
primal instinct endeavours to ensure that the availability information is as up-to-date as possible. Production and/or supply shortages or incorrect inventory information may result in delays in delivery. All information provided regarding delivery times and delivery dates is therefore not binding and is supplied without liability and is subject to change at any time without notice.
The delivery area currently extends to Switzerland, the Principality of Liechtenstein and the EU. Customers must contact primal instinct in advance for deliveries to other countries.
Customs and import fees
For shipments abroad, the customer shall assume any additional customs and/or import fees incurred. primal instinct does not have any control over these fees and cannot therefore predict how much they will be. Customs regulations vary from country to country, and customs may open and inspect shipments. The customer is responsible for finding out about customs regulations and complying with the respective national regulations.
Exchange, return and non-acceptance
It is not in principle possible to exchange and return products. Exchanges or returns are only possible in exceptional cases and by arrangement with primal instinct. Complaints regarding wrongly delivered products or incomplete products are to be made in writing within 10 days of the shipping date.
Orders placed with primal instinct are binding and the customer is obliged to accept delivery. In the event of a customer refusing to accept a consignment, primal instinct shall be entitled to charge 20% of the order value for the inconvenience, however at least CHF 50.00.
primal instinct shall do everything in its power to ensure that the information on this website is up-to-date, correct and complete, however it cannot guarantee this. Liability for indirect or consequential damages resulting from the use of the purchased products, due to misperformance or breakdown is excluded.
primal instinct selects the published courses and seminars carefully. The responsibility for the courses and organisational responsibility rests directly with the respective course instructors and/or his/her companies. primal instinct does not accept any liability for the contents, execution and organisation of the courses.
Jurisdiction and applicable law
In the event of disputes arising from this contract, these shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even if the orders are received from abroad or delivered abroad. The jurisdiction is Solothurn.
Status as at: 01.06.2013