General Terms and Conditions of Business (GTB)

1. Scope of application

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter “customer”).

A consumer is defined as a natural person who maintains business relations with OBSTBERG AG that cannot be attributed to his or her commercial or independent professional activity. Orders in quantities not customary in the household may be rejected without justification.

OBSTBERG AG reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order is authoritative and cannot be unilaterally changed for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.

The operator of this website is (legal notice).

2. Information on this website

OBSTBERG AG contains information on products and services. Prices and product range as well as technical changes are subject to change without notice. All information on (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 non-binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. OBSTBERG AG makes every effort to ensure that all details and information on this website are correct, complete, up to date and clearly laid out, but OBSTBERG AG can give no guarantee of this, either expressly or implicitly.

All offers on this website are subject to change and are not to be understood as a binding offer.

OBSTBERG AG cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times is without guarantee and may change at any time and without notice.

3. Prices

The sales prices stated on OBSTBERG AG represent final prices and include, unless otherwise stated, the statutory value added tax and any other statutory levies such as advance recycling fees (VRG) or copyright levies for electronic equipment. Prices are quoted net in Swiss francs (CHF).

Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.

OBSTBERG AG reserves the right to make technical changes, errors and misprints; in particular, OBSTBERG AG may make price changes at any time and without prior notice. Consultancy and support services are not included in the sales prices.

4. Conclusion of contract

The products and prices on this website are non-binding offers.

By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. OBSTBERG AG then sends an automatic order confirmation by email, which confirms that the customer’s offer has been received by OBSTBERG AG. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as OBSTBERG AG sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.

Orders will only be shipped after receipt of payment in full (exception: delivery against invoice) and provided that the goods are available. If it transpires that the ordered goods cannot be delivered or cannot be delivered in full, OBSTBERG AG is entitled not to accept the order or to execute it only in part. In such a case OBSTBERG AG will inform the customer by email. If the customer’s payment has already been received by OBSTBERG AG, the payment will be refunded to the customer. If no payment has yet been made, the customer will be released from the obligation to pay.

5. payment options and retention of title

The payment options indicated in the order process are available to the customer.

OBSTBERG AG reserves the right to exclude customers from individual payment options without stating reasons or to insist on advance payment.

In the event of late payment by the customer, OBSTBERG AG may charge interest on arrears of 5% per year as well as a reminder fee of a maximum of CHF 20 per reminder.

The products delivered to the customer remain the property of GMUH AG until payment has been made in full.

6. Delivery, obligation to inspect, notification of defects and return of goods

Deliveries are sent by post or courier service to the address specified by the customer in the order.

OBSTBERG AG endeavours to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. OBSTBERG AG is entitled to make partial deliveries. In this case the customer will only be charged the shipping costs once.

The dispatch of the invoice, insofar as delivery against invoice is offered, is effected at the discretion of OBSTBERG AG by email or by post.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, OBSTBERG AG may terminate the contract after notifying the customer by email and granting a reasonable period of grace, as well as charging the customer for the costs of the inconvenience.

The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify OBSTBERG AG immediately of any defects for which OBSTBERG AG provides a warranty in writing by letter or email to the address in the imprint.

Returns to OBSTBERG AG are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address specified by OBSTBERG AG in the imprint.

If the inspection by OBSTBERG AG reveals that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, OBSTBERG AG may charge the customer for the expenses, the return shipment or the possible disposal.

7. Right of withdrawal

The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by email or letter (address according to imprint) to OBSTBERG AG within the deadline. The revocation does not require any justification.

The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address specified by OBSTBERG AG in the imprint. Returns to OBSTBERG AG are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided OBSTBERG AG has already received the goods back or the customer can provide proof of dispatch.

OBSTBERG AG reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

No right of cancellation is granted in the following cases:

  • If the contract has an element of chance, namely because the price is subject to fluctuations over which the supplier has no control;
  • If the contract concerns a movable item which, due to its nature, is not suitable for return or may spoil quickly;
  • If the subject matter of the contract is a movable item that is manufactured according to the customer’s specifications or is clearly tailored to personal needs;
  • If the subject matter of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be performed in full immediately by both contracting parties;
  • Where the contract concerns a service and the contract is to be performed in full by the supplier, with the customer’s prior express consent, before the end of the withdrawal period.
  • In the areas of accommodation, transport, delivery of food and drink and leisure activities, if the supplier undertakes at the time of conclusion of the contract to provide the services at a specified time or within a specified period.

8. Warranty

OBSTBERG AG shall endeavour to deliver goods of flawless quality. In the event of defects notified in due time, OBSTBERG AG warrants that the goods purchased by the customer are free of defects and functional during the statutory warranty period of generally two years from the date of delivery. It is at the discretion of OBSTBERG AG to provide the warranty by means of free repair, replacement of equal value or by reimbursement of the purchase price. Further warranty rights are excluded.

Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects attributable to external circumstances are not covered by the warranty. The warranty for consumable and wear parts (e.g. batteries, accumulators, etc.) is also excluded.

OBSTBERG AG cannot give any assurances or guarantees that the data is up-to-date, complete and correct, or that the website, its functions, integrated hyperlinks and other content will be available at all times or without interruption. In particular, no representation or warranty is given that the use of the website will not infringe the rights of third parties not owned by OBSTBERG AG.

9. Liability

OBSTBERG AG excludes all liability, irrespective of its legal basis, as well as claims for damages against OBSTBERG AG and against any auxiliary persons and vicarious agents. OBSTBERG AG is in particular not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further-reaching mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.

OBSTBERG AG uses hyperlinks merely to facilitate the customer’s access to other web offers. OBSTBERG AG can neither know the contents of these web offers in detail nor assume liability or other responsibility for the contents of these web pages.

10. Data Protection

OBSTBERG AG may process and use the data recorded in the course of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners (logistics partners) or other third parties.

The data protection regulations are available in detail under the following link: (Privacy Policy)

11. Partial invalidity

Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

12. Further Provisions

OBSTBERG AG expressly reserves the right to amend these GTC at any time and to bring them into force without notice.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Bern or the domicile of the consumer.

13. Contact

If you have any questions about these terms and conditions, please contact: (Legal notice)

(Version 21 December 2020)