General Terms and Conditions
General Terms and Conditions (GTC) of Engadin St. Moritz Mountains AG (hereinafter: Engadin St. Moritz Mountains AG), the legal operator of an e-guma® voucher management system from Idea Creation GmbH
1. general
All deliveries and services of Engadin St. Moritz Mountains AG and the associated online orders as well as other online services are subject to these General Terms and Conditions (GTC). Deviating and/or supplementary agreements require the express consent of the management of Engadin St. Moritz Mountains AG and the written form; this also applies to any waiver of the written form requirement.
2. vouchers
In the case of online vouchers, it should be noted that these are sent to the customer by Engadin St. Moritz Mountains AG with a forgery-proof code. As the customer can print out the voucher themselves, several prints are possible, but only one print is relevant in terms of value and can be redeemed. The first voucher redeemed with an e-guma® voucher management system with the corresponding code is regarded as the original and must be debited by Engadin St. Moritz Mountains AG immediately after redemption. Should further copies with the same code appear, this constitutes misuse which will result in criminal prosecution. There is no entitlement to fulfilment and/or delivery, or to compensation from Engadin St. Moritz Mountains AG, if someone attempts to redeem several vouchers with the same code, even if the first redeemer is not the legally valid holder of the voucher. In fact, a criminal investigation (forgery of documents) may be initiated immediately against the issuer with intent to defraud.
As a voucher can be passed on or given as a gift, Engadin St. Moritz Mountains AG is not obliged or able to check the ownership rights of the redeemer. When the voucher is redeemed, it is only checked whether the corresponding e-guma® voucher number has actually been authorised by the system and whether the corresponding voucher has actually been paid for.
The e-guma® vouchers are generally valid for 3 years (see date and validity period on voucher). After this period has expired, Engadin St. Moritz Mountains AG is no longer obliged to accept them. Lost vouchers will not be replaced. Vouchers can also not be returned for cash value. If the value of the voucher is more than the service consumed, Engadin St. Moritz Mountains AG is prepared to credit the remaining balance of the voucher in full for further visits or consumption. In such a case, there is no entitlement to a residual payment of the outstanding voucher amount. Engadin St. Moritz Mountains AG is not obliged to accept unpaid vouchers as a means of payment. For operational reasons, the services listed in the voucher can only be provided or guaranteed by the company if a corresponding and timely reservation has been made. This applies in particular to vouchers in connection with overnight stays and vouchers for groups. The service described in the voucher may vary slightly depending on the circumstances, but must not represent a relevant reduction in value for the guest. Should Engadin St. Moritz Mountains AG have to close or give up for any reason, the e-guma® vouchers will expire without compensation. This is also the case if the business demonstrably changes ownership. In such a case, Engadin St. Moritz Mountains AG cannot be held liable as the original issuer of the vouchers.
3. products
All products offered by Engadin St. Moritz Mountains AG are provided to the best of our knowledge and belief. The product images in the online shop may differ from the actual products in individual cases (e.g. in terms of colour, shape, size, material and design), but this does not constitute a defect. The technical data and descriptions provided for each product are authoritative. Engadin St. Moritz Mountains AG reserves the right to withdraw products from the range or replace them with new products at any time.
4. delivery
Products are generally dispatched twice a week.
Engadin St. Moritz Mountains AG will endeavour to meet agreed or specified delivery times punctually. If these are exceeded by more than six weeks, the customer has the right to set a grace period with the indication that he will refuse to accept the object of purchase after the deadline has expired. This grace period must be at least one month. If an agreement on a new delivery date is then not reached, the customer may withdraw from the contract or the agreement by written declaration after expiry of the grace period. Compensation for damages due to delay or impossibility of delivery cannot be claimed. This also applies to claims for damages due to loss of profit or other indirect damage. Further claims of the buyer - in particular for delivery - as well as for any risks and side effects caused by the product are excluded. The risk shall pass to the customer as soon as the goods have been handed over to the carrier and have left the warehouse or the company. This also applies if Engadin St. Moritz Mountains AG has assumed the transport costs. Complaints due to transport damage must be made by the customer to the transport company within the deadlines provided for this purpose. In the case of customer shipments, the customer shall bear all risks, in particular the transport risk, until the goods arrive at Engadin St. Moritz Mountains AG.
If the ordered goods are not available for reasons for which Engadin St. Moritz Mountains AG is not responsible (e.g. because a supplier does not fulfil its contractual obligations), the customer will be informed immediately. In such a case, Engadin St. Moritz Mountains AG is entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately. Further claims by the customer are excluded.
5. payment
You can choose between payment by invoice or credit card. When paying by credit card, the amount will be charged immediately to the selected credit card.
Invoices from Engadin St. Moritz Mountains AG are due immediately and payable without any deductions. From the 30th day after the invoice date, the company is entitled to charge default interest of 5%, unless Engadin St. Moritz Mountains AG can prove that Engadin St. Moritz Mountains AG charges higher default interest or the purchaser can prove that Engadin St. Moritz Mountains AG is charged less. Cheques are only accepted on account of payment. Any charges shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. The customer may only assert a right of retention if it is based on the same contractual relationship.
6. defects
Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing immediately, but at the latest within one week of receipt of the goods or vouchers, and must be accompanied by informative photos. In the event of justified complaints, Engadin St. Moritz Mountains AG shall correct the faulty delivery free of charge and otherwise, subject to exclusion, shall at its discretion exchange the products or vouchers, take them back or grant the purchaser a price reduction. If, in the event of an exchange, the replacement delivery is also defective, the buyer shall be entitled to cancellation or reduction of the purchase price.
7. customer data
Engadin St. Moritz Mountains AG is authorised to collect, store and process the customer's personal data required in the context of the business relationship, taking into account the corresponding duty of care in handling sensitive customer data.
8. Final provisions
The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision. The place of fulfilment and jurisdiction for contracts, including these General Terms and Conditions (GTC), is St. Moritz, Switzerland.
1. general
All deliveries and services of Engadin St. Moritz Mountains AG and the associated online orders as well as other online services are subject to these General Terms and Conditions (GTC). Deviating and/or supplementary agreements require the express consent of the management of Engadin St. Moritz Mountains AG and the written form; this also applies to any waiver of the written form requirement.
2. vouchers
In the case of online vouchers, it should be noted that these are sent to the customer by Engadin St. Moritz Mountains AG with a forgery-proof code. As the customer can print out the voucher themselves, several prints are possible, but only one print is relevant in terms of value and can be redeemed. The first voucher redeemed with an e-guma® voucher management system with the corresponding code is regarded as the original and must be debited by Engadin St. Moritz Mountains AG immediately after redemption. Should further copies with the same code appear, this constitutes misuse which will result in criminal prosecution. There is no entitlement to fulfilment and/or delivery, or to compensation from Engadin St. Moritz Mountains AG, if someone attempts to redeem several vouchers with the same code, even if the first redeemer is not the legally valid holder of the voucher. In fact, a criminal investigation (forgery of documents) may be initiated immediately against the issuer with intent to defraud.
As a voucher can be passed on or given as a gift, Engadin St. Moritz Mountains AG is not obliged or able to check the ownership rights of the redeemer. When the voucher is redeemed, it is only checked whether the corresponding e-guma® voucher number has actually been authorised by the system and whether the corresponding voucher has actually been paid for.
The e-guma® vouchers are generally valid for 3 years (see date and validity period on voucher). After this period has expired, Engadin St. Moritz Mountains AG is no longer obliged to accept them. Lost vouchers will not be replaced. Vouchers can also not be returned for cash value. If the value of the voucher is more than the service consumed, Engadin St. Moritz Mountains AG is prepared to credit the remaining balance of the voucher in full for further visits or consumption. In such a case, there is no entitlement to a residual payment of the outstanding voucher amount. Engadin St. Moritz Mountains AG is not obliged to accept unpaid vouchers as a means of payment. For operational reasons, the services listed in the voucher can only be provided or guaranteed by the company if a corresponding and timely reservation has been made. This applies in particular to vouchers in connection with overnight stays and vouchers for groups. The service described in the voucher may vary slightly depending on the circumstances, but must not represent a relevant reduction in value for the guest. Should Engadin St. Moritz Mountains AG have to close or give up for any reason, the e-guma® vouchers will expire without compensation. This is also the case if the business demonstrably changes ownership. In such a case, Engadin St. Moritz Mountains AG cannot be held liable as the original issuer of the vouchers.
3. products
All products offered by Engadin St. Moritz Mountains AG are provided to the best of our knowledge and belief. The product images in the online shop may differ from the actual products in individual cases (e.g. in terms of colour, shape, size, material and design), but this does not constitute a defect. The technical data and descriptions provided for each product are authoritative. Engadin St. Moritz Mountains AG reserves the right to withdraw products from the range or replace them with new products at any time.
4. delivery
Products are generally dispatched twice a week.
Engadin St. Moritz Mountains AG will endeavour to meet agreed or specified delivery times punctually. If these are exceeded by more than six weeks, the customer has the right to set a grace period with the indication that he will refuse to accept the object of purchase after the deadline has expired. This grace period must be at least one month. If an agreement on a new delivery date is then not reached, the customer may withdraw from the contract or the agreement by written declaration after expiry of the grace period. Compensation for damages due to delay or impossibility of delivery cannot be claimed. This also applies to claims for damages due to loss of profit or other indirect damage. Further claims of the buyer - in particular for delivery - as well as for any risks and side effects caused by the product are excluded. The risk shall pass to the customer as soon as the goods have been handed over to the carrier and have left the warehouse or the company. This also applies if Engadin St. Moritz Mountains AG has assumed the transport costs. Complaints due to transport damage must be made by the customer to the transport company within the deadlines provided for this purpose. In the case of customer shipments, the customer shall bear all risks, in particular the transport risk, until the goods arrive at Engadin St. Moritz Mountains AG.
If the ordered goods are not available for reasons for which Engadin St. Moritz Mountains AG is not responsible (e.g. because a supplier does not fulfil its contractual obligations), the customer will be informed immediately. In such a case, Engadin St. Moritz Mountains AG is entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately. Further claims by the customer are excluded.
5. payment
You can choose between payment by invoice or credit card. When paying by credit card, the amount will be charged immediately to the selected credit card.
Invoices from Engadin St. Moritz Mountains AG are due immediately and payable without any deductions. From the 30th day after the invoice date, the company is entitled to charge default interest of 5%, unless Engadin St. Moritz Mountains AG can prove that Engadin St. Moritz Mountains AG charges higher default interest or the purchaser can prove that Engadin St. Moritz Mountains AG is charged less. Cheques are only accepted on account of payment. Any charges shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. The customer may only assert a right of retention if it is based on the same contractual relationship.
6. defects
Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing immediately, but at the latest within one week of receipt of the goods or vouchers, and must be accompanied by informative photos. In the event of justified complaints, Engadin St. Moritz Mountains AG shall correct the faulty delivery free of charge and otherwise, subject to exclusion, shall at its discretion exchange the products or vouchers, take them back or grant the purchaser a price reduction. If, in the event of an exchange, the replacement delivery is also defective, the buyer shall be entitled to cancellation or reduction of the purchase price.
7. customer data
Engadin St. Moritz Mountains AG is authorised to collect, store and process the customer's personal data required in the context of the business relationship, taking into account the corresponding duty of care in handling sensitive customer data.
8. Final provisions
The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision. The place of fulfilment and jurisdiction for contracts, including these General Terms and Conditions (GTC), is St. Moritz, Switzerland.