Terms and Conditions
1.right of validity
This website is operated by Trittkunst GmbH. Throughout the site, the terms “we”, “us”, “our” and vendor refer to Trittkunst GmbH. We offer this website, including all information, images, text, video and services available from this site to you, the user, the buyer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.A consumer is defined as a natural person who has a business relationship with us that is neither commercial nor self-employed. The seller reserves the right to change these terms and conditions at any time. The version of these Terms and Conditions in force at the time of the order shall apply and may not be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these Terms and Conditions shall not be recognized.
2. information on this website
This website contains information about products and services. Prices and product ranges are subject to change without notice, as are technical specifications. All information on www.Tritt-Kunst.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. We make every effort to ensure that all details and information on this website are correct, complete, up to date and clear, but we can neither explicitly nor implicitly guarantee this.All offers on this website are subject to change and are not to be understood as a non-binding offer.
The seller cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
3. price details
The sales prices indicated on Tritt-Kunst.ch represent final prices. The prices are in Swiss francs (CHF).
Technical changes, errors and misprints are reserved, in particular the seller can make price changes at any time and without notice.
4.1.
The products and prices on this website are binding offers.
By placing an order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. The seller then sends an automatic order confirmation by email, which confirms that the offer of the customer has been received by the seller. Placed orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as the seller sends an order confirmation by email, in which the confirmation of the ordered products or services is confirmed.
4.2.
For the conclusion of the contract the language German and English are available.
4.3.
Order processing and contact shall be made by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is correct so that 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.
4.4.
Special conditions for the processing of goods according to the customer’s specifications.
4.4.1.
If, according to the content of the contract, Trittkunst is also obligated to process the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to Trittkunst. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.
4.4.2.
The customer shall indemnify the seller against claims of third parties which these may assert against Trittkunst in connection with an infringement of their rights through the contractual use of the customer’s content. In this regard, the customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to provide Trittkunst immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
4.4.3.
Trittkunst reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, anti-Semitic and/or violence glorifying content.
5. terms of payment and retention of title
5.1 The customer has the payment options VisaCard, Mastercard, ApplePay, Google Pay, Samsung Pay, Postfinance and TWINT at his disposal. When paying with VisaCard , Mastercard, ApplePay, Googlre Pay, Samsung Pay and Twint, the payment is processed via the Swiss payment service provider Payrexx. (PAYREXX AG, Burgstrasse 20, 3600 Thun, Switzerland).
5.2 If the customer makes payments outside Switzerland and Liechtenstein, additional costs such as transfer or exchange fees may arise which are not covered by the seller.
5.3 If the Seller provides advance performance, it shall retain title to the delivered goods until the purchase price owed has been paid in full.
6. defects and deviations
6.1. All personalized and custom painted products have slight variations. They are drawn by hand and not by machine. They will not always be 100% identical. Also, the colors shown may have slight variations. We always try to photograph the products as best as we can, however, there may be visible color differences on different devices due to differences in hardware and color settings.
6.2. All products are thoroughly inspected and documented with the utmost care upon completion to guarantee that your products are correct, complete and without visible damage before shipment. Please be careful, as in principle no refund or discount will be given by the seller for damaged products.
6.3. The shoes finished by the Seller, mostly sports shoes, are no longer intended for robust sports use after finishing. They are no longer sports shoes, but are to be compared with high quality everyday shoes. The colors and other finishes applied to the original goods may fade or even be removed during intensive use.
7. copyright
The Seller has the right to publish the Buyer’s trademark and company name as well as the ordered product and details of the order for advertising purposes and/or for press releases and to use it in its catalogs and websites.
8. shoe size and model information
The EU shoe sizes indicated in the store are authoritative. UK, US specifications may vary depending on men’s, women’s or unisex models. If you order e.g. a women’s model and we have none in stock, we will deliver a unisex model. Optionally, we also use the Next Natura model for the women’s models.
9. delivery and shipping conditions
9.1. Deliveries are sent by Swiss post to the address specified by the customer in the order. For deliveries to countries outside Switzerland and Liechtenstein, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, import duties or taxes (e.g. customs duties).
9.2. The Seller shall endeavor to comply with the stated delivery periods. However, any delivery periods stated in the order confirmation are non-binding. The Seller is entitled to make partial deliveries. If the carrier 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. For the repeated shipment, the buyer must pay the shipping costs in advance. You can also adjust the delivery on the site of the Swiss Post.
9.3 Self-collection is not possible for logistical reasons.
10.right of revocation
We manufacture your individualized and personalized products exclusively to order. For this reason, the buyer has no right of withdrawal.
11. warranty
All personalized and individually painted products are weather resistant as well as water repellent and light resistant. The refined shoes, mostly sports shoes are no longer intended for robust sports use after refinement. They are no longer sports shoes, but can be compared to high quality everyday shoes. The colors applied to the original goods can fade or even be removed during intensive use. If you don’t treat your products with care, they will wear and tear like normal products. So wear them with care! They are wearable works of art and should be treated as such.
12. liability
The seller excludes any liability, regardless of its legal basis, as well as claims for damages against the seller and against any auxiliary persons and agents. In particular, the seller is not liable for indirect damages and lack of consequential damages, lost profits or other personal injury, property damage and pure financial loss of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved. The seller uses hyperlinks only for the simplified access of the customer to other web offers. The seller can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
13. data privacy
The seller may process and use the data recorded during the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (transport companies) or other third parties.
The data protection provisions are available in detail under Privacy Policy.
14. division invalidity
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
15. coupons
You will receive a code by email within 24 h after your purchase. (PLEASE also check your spam folder.) Please keep this code safe. It can only be redeemed in combination with an order at Tritt-kunst.ch in the online store. The voucher code is valid only once. A redemption for products that exceed the voucher value is not possible. You can redeem a maximum of one voucher per order. A cash payment is not possible. The voucher is not valid in conjunction with other discounts, vouchers, promotions or offers. Claims for partial or full replacement of a voucher do not exist. In case of theft or loss of the voucher code, no refund can be made by the seller.
16.1. Order processing and contact shall be made by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is correct so that 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.
16. care instruction
We do not recommend you machine wash for the products. Please hand wash only. Please do not use sharp, corrosive or alcoholic detergents. Do not scratch or rub heavily on the painted surfaces.
17. production times
Each product is made to customer order and is not available for immediate delivery. Please allow 30-40 business days (Mon-Fri) for production. This depends on the order volume and stock.
18. alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Status: June 2021
19. Additional Provisions Terms and Conditions
The Seller expressly reserves the right to amend these Terms and Conditions at any time and to put them into effect without notice. In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
Place of jurisdiction is Gossau ZH