General Terms and Conditions GTC
1 Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between MYCHEM GmbH (hereinafter referred to as "MYCHEM", "us" or "we") and customers (hereinafter referred to as "customer", "buyer" or "you") for products (hereinafter referred to as "products" or "goods") purchased via our website (hereinafter referred to as "online store" or "website").
The online store is operated by:
MYCHEM GmbH
Winterthurerstrasse 71
8006 Zurich
CHE-269.453.016
+41 62 962 80 57
team@mychem.ch
Individual agreements concluded with the customer shall take precedence over these GTC. Conflicting terms and conditions of the customer shall not be recognized.
MYCHEM reserves the right to amend these GTC at any time. All amendments shall become effective upon publication of the new GTC on the website. When purchasing a product, the relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.
In any case, the customer undertakes to read the corresponding safety instructions on the packaging before using items marked with hazard symbols.
2. Conclusion of a purchase contract
The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online store. MYCHEM expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on MYCHEM.
The customer can place a binding order for the products selected by him via our online store. The customer can place the products he selects in the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the 'order with obligation to pay' button on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation is sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the details of your order and our General Terms and Conditions, which you accepted during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of the online order and your documentation.
After you have placed a binding order, MYCHEM is free to either accept the order at its own discretion or to reject or change it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be issued to you as a voucher in a separate e-mail when the order is canceled. Reasons for rejecting an order may be, for example, if a product is no longer available, if we are unable to obtain authorization for the customer's payment or if there is reason to believe that the customer is acting in breach of these GTC, individual contracts, fraudulent or other criminal activities or for any other important reason.
Acceptance of the order creates a binding purchase contract with the customer. This acceptance takes place when the ordered products are dispatched.
3. Availability and reservation of performance for products that cannot be delivered
All information regarding the availability, shipping and delivery of a product is preliminary and approximate. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.
Our products are available while our stocks last. If MYCHEM discovers when processing your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the non-deliverable products is not concluded because the ordered products cannot be delivered.
We further reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.
4. Prices and shipping costs
Our products and prices are those stated on the website. All prices are stated in CHF (Swiss francs) and include the statutory value added tax (VAT) of 8.1%.
MYCHEM reserves the right to change prices at any time. The products will be charged based on the prices offered at the time of placing the binding order.
5. Payment terms/credit check
Orders are generally due for payment immediately.
The customer has the option of paying using the payment methods displayed on the website or in the ordering process. These may change from time to time. We also reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (for example, to hedge our credit risk, only those that correspond to the respective creditworthiness).
By choosing the payment method, the customer authorizes the payment either by entering credit card details or access data from a payment service provider. The customer authorizes MYCHEM to accept or collect payments in the appropriate manner. If there are chargebacks, MYCHEM is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, MYCHEM is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method (Visa; Mastercard; Post Finance; PayPal), we reserve the right to check the validity of the card, to control the collection availability parameters and address details and to authorize the payment card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If payment is declined, your order will not be placed.
If you prefer to pay in advance within 5 days, you can transfer the amount to our bank account within 5 days. As soon as we confirm receipt of your payment, we will release your order. In urgent cases, you can send us the transfer receipt by email.
Please note that your order constitutes a legal purchase and is subject to the Code of Obligations. If we have not received payment within two weeks of your order, we reserve the right to cancel your order without contacting you in order to release the products again.
When paying by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by email. Payment on account is made via Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch. Payment must be made using the payment slip within the payment period specified on the invoice to the account specified on the invoice of our external partner, Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch [Link to https://www.klarna.com/ch/agb/], to be paid. The purchase on account payment method is not available for all offers and requires, among other things, a successful credit check by Klarna Bank AB, German Branch. If the customer is permitted to purchase on account for certain offers after checking the creditworthiness, the payment will be processed in cooperation with Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch, which follows At the conclusion of the purchase contract, the retailer takes over the invoice requirement. Even when purchasing on account via Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch, we remain responsible for general customer inquiries (e.g. about goods, delivery times, shipping, returns, complaints, cancellation notices and - mailings or credit notes).
If you do not meet your payment obligation, you will be in default at the end of the payment deadline set for you without further reminder and will have to pay default interest of 8%. Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch, is entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as other fees, in particular the costs of any debt collection procedures place. If it becomes necessary to initiate debt enforcement, we will charge an additional processing fee of at least CHF 150.
In addition, Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch may refuse to process the payment terms of purchase contracts in the future, including with regard to other dealers. The General Terms and Conditions [link to https://www.klarna.com/ch/agb/] of Klarna Bank AB (publ.), acting through its branch in Germany, Klarna Bank AB, German Branch, apply.
6. Delivery conditions
MYCHEM's delivery conditions are described in detail during the ordering process.
Delivery is generally carried out via the Swiss Post AG delivery service.
There is no minimum order value when ordering. If the value of the goods is less than CHF 17.00, MYCHEM reserves the right to charge a small quantity surcharge of CHF 6.46.
The cost of packaging is included in the order.
If the products are marked as out of stock when ordering, MYCHEM will endeavor to produce the products and release them for sale as quickly as possible. MYCHEM makes every effort to adhere to the stated delivery times. However, MYCHEM is not responsible for delivery delays, regardless of their causes. We will inform you immediately about any delivery delays that occur. Once the package has been handed over to the post office, MYCHEM is no longer responsible and is not liable.
If the impediment to service lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, particularly claims for damages, are excluded.
Return after correct delivery of goods, but incorrect address, undeliverable, etc.
If delivery of the product fails due to the customer's fault (e.g. wrong name, wrong delivery address), we will contact the customer. If the customer wants to withdraw from the purchase contract, return after correct delivery of goods, but incorrect address, undeliverable, etc.
If the customer sends the package back for his own reasons or if a package is returned by the post office because the package did not reach the customer (incorrect address, customer does not accept the package, etc.): The return takes place after receipt of the originally packaged and undamaged goods -Calculation:
Credit for the cost of goods (only undamaged goods)
- Costs of payment providers: 5% (Klarna, PayPal etc.)
- Handling costs: 10% of the value of the goods, at least CHF 15.-
- Postage costs for returning the item to us
- possible repair and disposal costs for the damaged goods
The remaining amount will be paid as a voucher.
Redelivery of the returned package due to previous incorrect addressing, undeliverability, etc.
Handling costs: 10% of the value of the goods
+ Return postage costs
+ Postage costs for the new shipment
Payable in advance according to our calculation.
Unauthorized order
There are items in the shop that can only be delivered to businesses (e.g. chemicals group 1). These are clearly declared as such.
People who will still order such items will be contacted.
If it turns out that the order was unjustified, a corresponding voucher will be issued. Expenses and costs for this special treatment can be deducted in advance.
Under no circumstances will money be returned, especially since we already had to pay payment costs.
For unauthorized orders: There are items in our online shop that may only be delivered to traders (e.g. group 1 chemicals). These items are clearly declared as such. Anyone who still orders such items will be contacted.
If it turns out that the order was placed incorrectly, a corresponding voucher will be issued. The effort and costs for this special treatment can be deducted in advance. In no case will any money be refunded, especially since we have already incurred costs for the payment.
7. Retention of title
MYCHEM remains the owner of the delivered products until they have been paid for in full.
8. Right of withdrawal and return
There is no right of return or cancellation on the part of customers.
If the wrong goods are ordered, MYCHEM can grant a voluntary right of withdrawal in return for a voucher, provided that the ordered goods have not yet been packed and shipped (order amount less 5% fees from the payment service provider).
Incorrect deliveries must be reported to MYCHEM in writing by the customer within 3 working days. MYCHEM will only take back the goods if the goods are returned undamaged and in the original packaging. In this case, the ordered goods will be delivered to the customer free of charge and the return postage for the incorrectly delivered goods will be reimbursed.
9. Notification of defects/warranty
MYCHEM guarantees that the goods correspond to the guaranteed properties and have no defects that affect their value or suitability for the intended use.
After receiving the products, the customer must immediately check them for accuracy, completeness and any damage. Errors or damage must be reported to MYCHEM within 3 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us.
The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period refers to the best-before date of the products. Products that were damaged through the buyer's own fault are excluded from the warranty.
The customer's warranty claims are limited to replacement delivery or elimination of defects/repair to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. MYCHEM decides at its own discretion about replacement delivery or repair. If subsequent delivery or repair fails, the customer is entitled to withdraw from the contract if there are significant defects.
To report a complaint or have service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
MYCHEM GmbH
Winterthurerstrasse 71, 8006 Zurich
+41 60 962 80 57
team@mychem.ch
The defective product must be returned to MYCHEM's address above with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. In order to process a complaint quickly, you must pre-register a return by email. Please have your return confirmed and keep this confirmation as in the event of a lost package your warranty claim cannot be processed.
10. Liability
If MYCHEM violates its own obligations under these General Terms and Conditions and the contractual relationships based on them, MYCHEM is liable for damages caused and proven by it through unlawful intent or gross negligence. Liability for minor and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort or for any other reason, is expressly excluded. Examples of indirect damage include lost profits, financial losses, reputational damage or loss of data due to temporary impairments or interruptions in the availability of MYCHEM's services. Furthermore, MYCHEM assumes no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service.
The above exclusions and limitations of MYCHEM's liability do not apply in the event of culpable injury to life, body and health caused directly by MYCHEM or in the case of mandatory legal regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, the total liability under these Terms and Conditions, regardless of the reason and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.
Event beyond our control
If an event occurs that is beyond our influence and control (so-called force majeure), we assume no liability or responsibility for non-fulfillment or late performance of any obligations arising from these General Terms and Conditions and the contractual relationship based on them. An event beyond our control occurs, for example, in the following cases:
In the event of strikes, lockdowns or other industrial acts by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, Shipping, air, motor routes or other means of public or private transport.
If an event outside our control occurs that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.
11. Data Protection
MYCHEM collects and processes personal data only within the framework of legal provisions, in particular in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration, which forms an integral part of these General Terms and Conditions.
12. Copyright
The information and content published on the website is protected by copyright and is the property of MYCHEM or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. MYCHEM and the corresponding rights holder expressly reserve all rights in this regard.
13. Severability clause
If any provision of these Terms and Conditions is or becomes unlawful, invalid or unenforceable for any reason, this will not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision is deemed to be replaced by an effective provision that takes the economic purpose of the provision and the will of the parties into account as far as possible at the time the contract is concluded. The same applies to any gaps in these terms and conditions.
14. Applicable Law and Place of Jurisdiction
Substantive Swiss law applies exclusively to these General Terms and Conditions, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the headquarters of MYCHEM or the customer's place of residence. For legal entities, the place of jurisdiction is exclusively the registered office of MYCHEM.
Zurich, October 2023
