Terms & Conditions
Terms & Conditions
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. liability for defects
7. special conditions: Sale of "Funko POP!" figures
8. applicable law, place of jurisdiction
1. Scope of application
1.1 These terms and conditions of "Stalder Media". (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from Stalder Media. By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Stalder Media then sends an automatic "order confirmation" by email, which confirms that the customer's offer has been received by Stalder Media. Orders placed are binding for the customer.
The contract is concluded as soon as Stalder Media sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders will only be delivered once payment has been received in full and the goods are available. If it transpires after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, Stalder Media shall be entitled to withdraw from the entire contract or from part of the contract. If the customer's payment has already been received by Stalder Media, the payment will be refunded to the customer. If no payment has yet been made, the customer shall be released from the obligation to pay. Stalder Media is not obliged to make a replacement delivery in the event of the contract being terminated.
Order processing and contact shall take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. right of withdrawal
Consumers are generally entitled to a right of withdrawal. In the event of revocation, the customer must contact the seller by e-mail office@staldermedia.ch immediately, at the latest 48 hours after placing the order.
4. Prices and terms of payment
4.1 The prices quoted by the seller include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Various payment options are available to the customer, which are specified in the seller's online store.
4.3 You can choose to pay by credit card (Mastercard, Visa), Twint, Postcard or invoice.
4.4 If the payment method invoice is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative. In the case of purchase on account, items will only be delivered or ordered from the supplier once payment has been received in our account.
The customer agrees that Stalder Media may grant third parties involved in the credit check of the customer and in the collection of the purchase price (in particular the credit agency CRIF AG, Zurich, or a company affiliated with it) access at any time to his personal data arising from the business relationship, including all payment experiences from the order process. The customer is entitled to revoke the above consent in writing at any time. The data transmitted by the customer in the context of an inquiry about a data subject is stored in the CRIF database for the operation of the credit agency and to ensure the accuracy of the data
5. Delivery and shipping conditions
5.1 The delivery of goods is carried out regularly by mail order and to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person authorized to receive the goods upon handover.
5.4 Self-collection is not possible for logistical reasons.
6. Liability for defects
6.1 Warranty claims against the seller are generally excluded. In the event of damaged goods, please contact us by email at office@staldermedia.ch. We will endeavor to find a suitable solution for both parties.
The warranty guidelines published by the manufacturer apply. In order to minimize the inconvenience, we recommend that you contact the manufacturer directly. If an incorrect delivery is found, this must be claimed in writing immediately after receipt of the delivery. Defective goods may only be returned with the agreement of Stalder Media. Reimbursement of shipping costs is also excluded for defective or damaged goods. In the event of incorrect delivery, the postage will be refunded in consultation with Stalder Media. Returns will only be accepted in unopened original packaging without damage. The return shipment must be sufficiently stamped.
7. special conditions: Sale of "Funko POP!" figures
7.1 The packaging of the POPs is fragile. It cannot be guaranteed that the packaging of the product you receive is completely undamaged. If the box is too badly damaged on departure, it will of course bear at least the words "damaged packaging" in the title.
7.2 We would also like to point out that these figures are produced on an assembly line and are not hand-painted. We do our best to identify the major visible defects before shipping through the "window box" so that we can warn you and if we find a REALLY unsightly defect, we will ask you if you are satisfied with the condition.
7.3 No refund or compensation will be given in the event that the box containing the figurine or the image of the figurine does not meet 100% of your aesthetic requirements.
7.4 The photos illustrating the POP figurines are not contractual. In the case of exclusive or rare figures, the photo shown is the one offered to us by the manufacturer. It often happens that the "Special Edition" sticker looks different from the original photo. Other differences may unfortunately occur, for which we cannot be held responsible.
7.5 "Glow in the Dark" figures do not retain the effect indefinitely. The first "phosphorescent" effects of the 80s ~ 90s were achieved thanks to phosphorus (weakly radioactive), which has since been completely banned from production.
In the meantime, the "glow" effects are no longer radioactive and can therefore no longer guarantee the "glow" effect for older figures.
8. Applicable law, place of jurisdiction
If the customer acts as a consumer within the meaning of section 1.1, Swiss law shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
8.1 If the customer acts as an entrepreneur within the meaning of clause 1.2, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.