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 the company
Idea Creation GmbH
1. general
All deliveries and services of Engadin St. Moritz Mountains AG and the associated online associated online orders and other online services are subject to these 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 must be made in writing; this also applies to any waiver of the written form requirement.
2. vouchers
In the case of online vouchers, please note that these are issued by Engadin St. Moritz Mountains AG with a forgery-proof code to the customer. to the customer. As the customer can print out the voucher themselves, several prints are possible are possible, but only one print is relevant in terms of value and can be redeemed. The first one with redeemed with an e-guma® voucher management system with the corresponding code is regarded as the original and must be redeemed immediately after be debited by Engadin St. Moritz Mountains AG immediately after redemption. Should further copies with the same code appear, this constitutes misuse which misuse which will result in criminal prosecution. There is no claim to fulfilment and/or delivery, or to compensation for damages on the part of Engadin St. Moritz Mountains AG if someone attempts to redeem several vouchers with the same vouchers with the same code, even if the first redeemer is not the legal legally valid holder of the voucher. On the contrary, the fraudulent intent, a criminal investigation can immediately be initiated against the issuer (forgery of documents) can be initiated immediately.
As a voucher can be passed on or given away as a gift, there is no obligation or possibility on the part of Engadin St. Moritz Mountains AG to check the right of ownership of the redeemer. When the voucher is redeemed, it is only only checks whether the corresponding e-guma® voucher number has actually been authorised by the system authorised by the system and whether the corresponding voucher has actually been paid for.
e-guma® vouchers are generally valid for 3 years (see date and validity period on the voucher). validity period on the voucher). After this period has expired, Engadin St. Moritz Mountains AG is no longer obliged to accept them. Lost vouchers vouchers will not be replaced. Vouchers can also not be returned for a cash payment. be returned. If the value of the voucher is more than the consumed consumed, Engadin St. Moritz Mountains AG is prepared to reimburse the remaining voucher balance voucher balance in full for further visits or consumption. consumption. In such a case, there is no entitlement to a payment of the outstanding voucher amount. Engadin St. Moritz Mountains AG is not obliged to accept unpaid vouchers as a means of payment. accept unpaid vouchers as a means of payment. For operational reasons, the services listed in the services listed in the voucher can only be provided or guaranteed by 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 vouchers in connection with overnight stays and vouchers for groups. vouchers for groups. The service described in the voucher may vary slightly depending may vary slightly depending on the circumstances, but must not represent a relevant constitute a relevant reduction in value. Should Engadin St. Moritz Mountains AG for any reason Engadin St. Moritz Mountains AG has to close or give up for any reason, the e-guma® vouchers expire without compensation. This is also the case if the business demonstrably changes ownership. In such a case Engadin St. Moritz Mountains AG as the original issuer of the vouchers. 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 the best of our knowledge and belief. The product images in the online shop may deviate from the actual products in individual cases (e.g. in terms of colour, shape, size, material and design), but this does not does not constitute a defect. The technical data and descriptions descriptions provided for each product. Engadin St. Moritz Mountains AG reserves the right to withdraw products from the range at any time or replace them with new products at any time.
4. delivery
The dispatch of the products usually takes place twice a week. St. Moritz Mountains AG will, as far as possible, adhere to agreed or specified delivery times on time. If these are exceeded by more than six weeks by more than six weeks, the customer has the right to set a grace period with the 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 agreement on a new delivery date is not reached, the customer may, after expiry of the grace period, the customer may withdraw from the contract or the conclusion of the contract. Compensation for damages due to delay or impossibility of deliveries cannot be claimed. This also applies to claims for damages due to loss of profit or other indirect damage. 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. side effects caused by the product are excluded. The risk is transferred to the customer as soon as the goods have been handed over to the carrier and have left the warehouse or has left 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 the transport company within the deadlines provided for this purpose. In the case of shipments by the customer risk, in particular the transport risk, until the goods arrive at Engadin St. Moritz arrival of the goods at Engadin St. Moritz Mountains AG.
Should the ordered goods not be available for reasons for which Engadin St. Moritz Mountains AG is not responsible for (e.g. because a supplier does not fulfil its contractual contractual obligations), the customer will be informed immediately. informed immediately. In such a case, Engadin St. Moritz Mountains AG shall be shall be 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 payment by credit card, the amount will be charged immediately to the selected credit card. credit card will be charged immediately. Invoices from Engadin St. Moritz Mountains AG are due immediately and payable without any deduction. From the 30th day after the invoice date date, the company is entitled to charge interest on arrears at a rate of 5%, unless unless Engadin St. Moritz Mountains AG charges higher default interest or the purchaser Engadin St. Moritz Mountains AG proves a lower charge. 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. legally established claims. The customer may only assert a right of retention customer may only assert a right of retention if it is based on the same contractual relationship.
6. defects
Complaints about the scope of delivery, material defects, incorrect deliveries and deviations in quantity, insofar as these can be determined by reasonable immediately, but at the latest within one week after receipt of the goods receipt of the goods or the vouchers, in writing and enclosing informative photos. in writing and enclosing informative photos. In the event of justified complaints Engadin St. Moritz Mountains AG will correct the faulty delivery free of charge and, otherwise otherwise, subject to exclusion, at its discretion, exchange the products or vouchers vouchers, take them back or grant the buyer a price reduction. to the buyer. If, in the event of an exchange, the replacement delivery is also defective, the buyer shall be entitled to cancellation or reduction.
7. customer data
Engadin St. Moritz Mountains AG is authorised to process the customer's personal data of the customer required for the business relationship to collect, store and process the customer's personal data required for the due diligence when handling sensitive customer data.
8. final provisions
The invalidity of individual points of these General Terms and Conditions (GTC) shall not affect the validity of the remaining provisions. The The invalid provision shall be replaced by a new provision whose economic economic effect of the invalid provision as closely as possible. The place of fulfilment and place of 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 associated online orders and other online services are subject to these 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 must be made in writing; this also applies to any waiver of the written form requirement.
2. vouchers
In the case of online vouchers, please note that these are issued by Engadin St. Moritz Mountains AG with a forgery-proof code to the customer. to the customer. As the customer can print out the voucher themselves, several prints are possible are possible, but only one print is relevant in terms of value and can be redeemed. The first one with redeemed with an e-guma® voucher management system with the corresponding code is regarded as the original and must be redeemed immediately after be debited by Engadin St. Moritz Mountains AG immediately after redemption. Should further copies with the same code appear, this constitutes misuse which misuse which will result in criminal prosecution. There is no claim to fulfilment and/or delivery, or to compensation for damages on the part of Engadin St. Moritz Mountains AG if someone attempts to redeem several vouchers with the same vouchers with the same code, even if the first redeemer is not the legal legally valid holder of the voucher. On the contrary, the fraudulent intent, a criminal investigation can immediately be initiated against the issuer (forgery of documents) can be initiated immediately.
As a voucher can be passed on or given away as a gift, there is no obligation or possibility on the part of Engadin St. Moritz Mountains AG to check the right of ownership of the redeemer. When the voucher is redeemed, it is only only checks whether the corresponding e-guma® voucher number has actually been authorised by the system authorised by the system and whether the corresponding voucher has actually been paid for.
e-guma® vouchers are generally valid for 3 years (see date and validity period on the voucher). validity period on the voucher). After this period has expired, Engadin St. Moritz Mountains AG is no longer obliged to accept them. Lost vouchers vouchers will not be replaced. Vouchers can also not be returned for a cash payment. be returned. If the value of the voucher is more than the consumed consumed, Engadin St. Moritz Mountains AG is prepared to reimburse the remaining voucher balance voucher balance in full for further visits or consumption. consumption. In such a case, there is no entitlement to a payment of the outstanding voucher amount. Engadin St. Moritz Mountains AG is not obliged to accept unpaid vouchers as a means of payment. accept unpaid vouchers as a means of payment. For operational reasons, the services listed in the services listed in the voucher can only be provided or guaranteed by 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 vouchers in connection with overnight stays and vouchers for groups. vouchers for groups. The service described in the voucher may vary slightly depending may vary slightly depending on the circumstances, but must not represent a relevant constitute a relevant reduction in value. Should Engadin St. Moritz Mountains AG for any reason Engadin St. Moritz Mountains AG has to close or give up for any reason, the e-guma® vouchers expire without compensation. This is also the case if the business demonstrably changes ownership. In such a case Engadin St. Moritz Mountains AG as the original issuer of the vouchers. 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 the best of our knowledge and belief. The product images in the online shop may deviate from the actual products in individual cases (e.g. in terms of colour, shape, size, material and design), but this does not does not constitute a defect. The technical data and descriptions descriptions provided for each product. Engadin St. Moritz Mountains AG reserves the right to withdraw products from the range at any time or replace them with new products at any time.
4. delivery
The dispatch of the products usually takes place twice a week. St. Moritz Mountains AG will, as far as possible, adhere to agreed or specified delivery times on time. If these are exceeded by more than six weeks by more than six weeks, the customer has the right to set a grace period with the 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 agreement on a new delivery date is not reached, the customer may, after expiry of the grace period, the customer may withdraw from the contract or the conclusion of the contract. Compensation for damages due to delay or impossibility of deliveries cannot be claimed. This also applies to claims for damages due to loss of profit or other indirect damage. 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. side effects caused by the product are excluded. The risk is transferred to the customer as soon as the goods have been handed over to the carrier and have left the warehouse or has left 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 the transport company within the deadlines provided for this purpose. In the case of shipments by the customer risk, in particular the transport risk, until the goods arrive at Engadin St. Moritz arrival of the goods at Engadin St. Moritz Mountains AG.
Should the ordered goods not be available for reasons for which Engadin St. Moritz Mountains AG is not responsible for (e.g. because a supplier does not fulfil its contractual contractual obligations), the customer will be informed immediately. informed immediately. In such a case, Engadin St. Moritz Mountains AG shall be shall be 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 payment by credit card, the amount will be charged immediately to the selected credit card. credit card will be charged immediately. Invoices from Engadin St. Moritz Mountains AG are due immediately and payable without any deduction. From the 30th day after the invoice date date, the company is entitled to charge interest on arrears at a rate of 5%, unless unless Engadin St. Moritz Mountains AG charges higher default interest or the purchaser Engadin St. Moritz Mountains AG proves a lower charge. 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. legally established claims. The customer may only assert a right of retention customer may only assert a right of retention if it is based on the same contractual relationship.
6. defects
Complaints about the scope of delivery, material defects, incorrect deliveries and deviations in quantity, insofar as these can be determined by reasonable immediately, but at the latest within one week after receipt of the goods receipt of the goods or the vouchers, in writing and enclosing informative photos. in writing and enclosing informative photos. In the event of justified complaints Engadin St. Moritz Mountains AG will correct the faulty delivery free of charge and, otherwise otherwise, subject to exclusion, at its discretion, exchange the products or vouchers vouchers, take them back or grant the buyer a price reduction. to the buyer. If, in the event of an exchange, the replacement delivery is also defective, the buyer shall be entitled to cancellation or reduction.
7. customer data
Engadin St. Moritz Mountains AG is authorised to process the customer's personal data of the customer required for the business relationship to collect, store and process the customer's personal data required for the due diligence when handling sensitive customer data.
8. final provisions
The invalidity of individual points of these General Terms and Conditions (GTC) shall not affect the validity of the remaining provisions. The The invalid provision shall be replaced by a new provision whose economic economic effect of the invalid provision as closely as possible. The place of fulfilment and place of jurisdiction for contracts, including these General Terms and Conditions (GTC), is St. Moritz, Switzerland.