General Terms and Conditions
All orders are essentially binding. If there is a delay in delivery, the customer will be informed as quickly as possible per email. If a book is temporarily unavailable, the customer’s order will be placed on hold. The customer has the right to cancel an order that is on hold at any time.
We reserve the right to undertake price changes.
4. Delivery Costs
Deliveries are normally made by post or by courier or picking up by the customer at one of our offices (Antwerp – Belgium and Zürich – Switzerland)
Delivery times and prices are subject to change and cannot be guaranteed. According to the destination and weight of the item(s) being delivered, additional customs charges may be incurred.
5. Terms of Payment
Any Schmelzer Gliding Books invoice is to be paid in full with no deductions made within 20 working days from receipt of the said invoice.
6. Transfer of Goods / Preparation for Downloading
Items ordered with the option “by postal delivery” will be delivered to the postal shipping address supplied by the customer placing the order. Items ordered using the option “to be collected at a by the customer” will be ready to being picked up in Antwerp (Belgium) and in Zürich (Switzerland). If delivery costs apply, the customer’s attention will be drawn to this fact on the order page of www.bertschmelzer.com. For deliveries outside of Switzerland and Liechtenstein, the customer placing the order is responsible for any additional tax or customs charges incurred. Schmelzer Gliding Books (the vendor) will carry out delivery within the quoted delivery time on its website providing that the item being ordered is supplied to the vendor by the distributor or publisher within the anticipated time frame. The vendor reserves the right to make partial deliveries without any additional cost to the customer.
7. Returns / Refunds
In general no returns and/or refunds are possible.
If the delivered goods are damaged at the time of transferral, e.g. incomplete or defective downloads because of a manufacturing error, or delivery of an incorrect item, Schmelzer Gliding Books will have discretion over the item to be replaced, or it will annul the sale and refund the cost of the item to the customer.
In the event of a production error or incorrect delivery, Schmelzer Gliding Books will exchange the item in question for one in perfect condition. For an item to be exchanged, the customer must supply his customer number, invoice number and his reason for the return of the item. The customer must lodge a written warranty claim to Schmelzer Gliding Books within 7 calendar days from the date of receipt of the item in question.
The customer is responsible for the return and return costs of any item.
Data Security and Data Protection
While Schmelzer Gliding Books employs only the most up-to-date data security technology, it assumes no liability for data transmitted over the Internet.
Schmelzer Gliding Books reserves the right to not carry out a customer order if the product in question is not available. The customer will be notified immediately and, if appropriate, the purchasing price will be reimbursed.
12. Governing Law / Place of Jurisdiction
The contractual relationship between the customer and Schmelzer Gliding Books is subject to Swiss law only. Application of the UN sales of goods law (The Convention of the United Nations from 11th April 1980 on Contracts for the International Sale of Goods) is ruled out.
For any dispute in the contractual relationship between the customer and Schmelzer Gliding Books, the place of jurisdiction is the main office of Schmelzer Gliding Books (Zürich, Switzerland). If the customer is the consumer, i.e. uses the goods and services of Schmelzer Gliding Books for his private individual use, the place of jurisdiction will be according to Art.32 of the Swiss Civil Law Code.
13. Changes and Additions
Schmelzer Gliding Booksreserves the right to make changes to its General Terms and Conditions at any time. The applicable version is published on Schmelzer Gliding Books – www.bertschmelzer.com, and it is legally binding from the moment of its publication.
Collection of customer data is mutually beneficial to both Schmelzer Gliding Books and to the customer.
Data that is collected for business purposes is stored in strict accordance with the existing provisions of law and is passed on to other firms only for the purpose of carrying out orders of purchase. All personal data is handled with the strictest confidence. Schmelzer Gliding Books is nevertheless entitled to transmit said data to a third party in order to check a customer’s credit standing and solvency. In this instance, the third party is obliged to observe the existing provisions of law for data security.
After registering their data with Schmelzer Gliding Books, customers may read and edit their own user information at any time on www.bertschmelzer.com in the field “my account”.
The customer’s personal data is in safe hands. All data supplied to Schmelzer Gliding Books is used only to assist in the convenient and safe handling of orders placed by the customer. To place an order, the customer must declare his name, his email and delivery address. Credit card numbers and expiry dates are only required if the customer chooses to pay with a credit card. Once this data has been registered with Schmelzer Gliding Books, it is passed on to Schmelzer Gliding Books credit card partner, PayPal, where it is coded and stored. At no time are the personnel at Schmelzer Gliding Books able to view a customer’s complete credit card data. If you want to register for a newsletter, Schmelzer Gliding Books requires the customer’s Christian and surname, as well as a current email address. The option to cancel a newsletter subscription is available at any time: just activate the link “if you no longer wish to receive newsletters from www.bertschmelzer.com click here”.
For competitions and other special offers, Schmelzer Gliding Books requires the customer’s full name, postal and email address for notification purposes.
To access all Schmelzer Gliding Books services, the customer must open an account. Once done, the customer can enjoy the benefits of the following services:
Schmelzer Gliding Books’ Security Service
The security of the customer’s data on the Internet is of paramount importance to Schmelzer Gliding Books. The customer’s data is protected with a modern security system and all personal data is stored with a security service platform. All systems that store the customer’s personal data require a password that is known only to the customer.
The customer is strongly advised never to reveal his password to a third party. Schmelzer Gliding Books will never ask a customer for his password. It, and the customer’s email address, is required solely for the purpose of logging in to Schmelzer Gliding Books’ web shop. Sensitive data transfers (credit card numbers, names and addresses) are coded with VeriSign SSL-Certificate Secure Site EV (coding with up to 256 Bit). If the customer does not have the latest browser version, his data will be encoded with the 128bit version before being sent. Further information on this point can be got on the Internet page of the customer’s browser server. Schmelzer Gliding Books’ server is protected against attack with firewall programmes. All staff at Schmelzer Gliding Books require special permission to access any sensitive data.
To simplify the process of making a purchase on www.bertschmelzer.com, Schmelzer Gliding Books uses so-called cookies.
Cookies are text data that record visits to websites on a computer. Cookies do not store sensitive customer-related data. Cookies cannot transmit a virus; they cannot spy on a data processor or secretly send emails. Any web server is able to read only those cookies it has itself installed. The customer can place an order even if he has set his browser to not accept cookies. In this case, Schmelzer Gliding Books uses a cookie for only a so-called session ID. These cookies expire either after 24 hours, or once the browser is shut down.
Services of a Third Party
Information gathered by cookies installed by Google Analytics on the customer’s use of www.bertschmelzer.com (including the customer’s IP-address) is transferred to a server used by Google in the USA, where it is then stored. Google can access this information to evaluate the customer’s use of www.bertschmelzer.com, to assemble reports on how www.bertschmelzer.com is being used and to generate other services that are related to the use of the website and Internet. Google may pass this information on to a third party providing it is in accordance with the existing provisions of law or in the event of this third party being contracted by Google to handle this data. Google will never connect the customer’s IP-address with other data collected by Google. The customer can prevent the installation of cookies by selecting this option in his browser’s software. Schmelzer Gliding Books points out, however, that if the customer were to do so, it is possible that he will not be able to take full advantage of all options available on the website www.bertschmelzer.com. By using this website, the customer agrees with Google’s use of his data, and to the above-mentioned services using his data for the above-mentioned purpose(s).
www.bertschmelzer.com uses social plug-ins of the social network facebook.com. Plug-ins are clearly indicated. If the customer opens a page on www.bertschmelzer.com that contains such a plug-in, the customer’s browser connects directly to Facebook’s server. The content of the plug-in is transmitted directly to the customer’s browser which then connects to the website.
If the customer is logged in to Facebook, Facebook can correlate his visit to his Facebook account. When the customer interacts with a plug-in, e.g. by clicking on a “like” button, this information is transmitted directly from the customer’s browser to Facebook, where it is stored.
Facebook’s data security page provides further information on the aim and extent of its collection of data, along with customer rights in this respect and what can be done to protect one’s private sphere.
Schmelzer Gliding Books, Zürich, November 2013