Your Swiss partner for high-quality awards: Superior quality. Excellent service. Fair prices. For over 55 years – right on time for the winner’s podium.

Your Swiss partner for high-quality awards: Superior quality. Excellent service. Fair prices. For over 55 years – right on time for the winner's podium.

General Terms and Conditions (GTC)

of the company topmüller.ch GmbH, Hofacherrain 4, CH-5082 Kaisten

1. Scope of Application

These General Terms and Conditions (“GTC”) apply to the entire business area of topmüller.ch GmbH, Hofacherrain 4, 5082 Kaisten, (hereinafter referred to as the “Company”). The Company owns and operates the platforms www.topmueller.ch and www.awards.ch and provides paid services and sells products thereon in accordance with the current offering on both platforms. These GTC apply to the aforementioned areas as well as to the other services that the Company provides directly and indirectly to the customer and/or the other products that the Company sells.

2. Conclusion of Contract

The conclusion of the contract takes place upon the customer’s acceptance of the Company’s offer concerning the purchase of services or products. The contract is furthermore concluded when the customer makes use of the services offered by the Company or purchases or uses products of the Company.

3. Prices

Subject to alternative offers, all prices are stated in Swiss Francs (CHF). All prices are inclusive of any applicable value-added tax (VAT). The Company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website www.topmüller.ch and www.awards.ch or according to the separate price list of the Company shall apply. For the customer, the prices valid at the time of the conclusion of the contract shall apply.

4. Payment

The customer is obligated to pay the invoiced amount within 30 days from the invoice date, unless the customer has already settled the amount during the ordering process via credit card, PayPal, or other payment systems.

In order to decide whether delivery against invoice is possible, an address and creditworthiness check is conducted. For this purpose, the personal data relevant for order processing and payment handling may be transmitted to the Swiss Association Creditreform as well as to partner companies. The Creditreform privacy policy applies in this regard.

The Company reserves the right to demand advance payment at any time without stating reasons.

If the invoice is not settled within the aforementioned payment period, the customer will receive a formal reminder. If the customer does not settle the invoice within the set reminder period, the customer automatically defaults. From the time of default, the customer owes default interest at the rate of 5%. Offsetting the invoiced amount against any claim of the customer against the Company is not permitted. In the event of default of payment, the Company has the right to refuse the provision of the service or the delivery of the product.

5. Obligations of the Company

Subject to any agreement to the contrary, the Company fulfills its obligation by providing the agreed service or delivering the products.

6. Withdrawal / Right of Rescission

6.1. Services

Both parties have the right to withdraw from the contract at any time. The withdrawing party must fully reimburse the other party for the expenses already incurred. A withdrawal at an inopportune time is not permitted. The customer will be charged for any costs caused by the withdrawal.

6.2. Products

An exchange of personalized products is only possible with the consent of topmüller.ch GmbH. If you return purchased non-personalized (neutral) goods in perfect condition in their original packaging within ten days, we will refund the full purchase price. The return shipping costs shall be borne by you.

7. Retention of Title

Ownership of the products remains with the Company until full payment of the purchase price has been made. Until then, the customer may not dispose of the products, in particular neither sell, rent, nor pledge them.

8. Warranty

The Company makes every effort to ensure good availability of www.topmüller.ch as well as www.awards.ch and takes reasonable precautions to protect the platforms from interference by third parties. Any defect must be reported to the Company immediately. The Company is free to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible is the customer entitled to a price reduction or a refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer has no claim to a replacement product. The warranty starts anew for the repaired element; for the remaining elements of the product, the original warranty period continues to run.

9. Liability

Liability for any indirect damages and consequential damages is fully excluded. Liability for direct damages is limited to the total sum of the service or product purchased by the customer.

The customer is obligated to immediately report any damages to the Company. Any liability for auxiliary persons (agents/subcontractors) is fully excluded.

10. Intellectual Property Rights

All rights to the products, services, and any trademarks belong to the Company, or the Company is authorized by the owner to use them. Neither these GTC nor associated individual agreements involve the transfer of intellectual property rights, unless explicitly stated. In addition, any further use, publication, or making available of information, images, texts, or other materials that the customer receives in connection with these provisions is prohibited, unless explicitly approved by the Company. If the customer uses content, texts, or visual material in connection with the Company in which third parties hold proprietary rights, the customer must ensure that no third-party proprietary rights are infringed.

11. Data Protection / Privacy

The Company may process and use the data collected in the context of concluding the contract to fulfill the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with statutory regulations. The customer declares full agreement with the storage and contractual use of their data by the Company and is aware that the Company is obligated and entitled, upon order of courts or authorities, to disclose information about the customer to them or to third parties. If the customer has not expressly prohibited it, the Company may use the data for marketing purposes as well as pass it on to its partners for advertising purposes. The data necessary for the performance of services may also be transferred to commissioned service partners or other third parties.

Furthermore, the data protection provisions published on our platforms shall apply.

12. Amendments / Changes

These General Terms and Conditions may be amended by the Company at any time. The new version takes effect upon publication on the Company’s website. In principle, the version of the GTC in force at the time of the conclusion of the contract shall apply to customers, unless the customer has agreed to a newer version of the GTC.

13. Priority / Order of Precedence

These GTC take precedence over all earlier provisions and contracts. Only provisions from individual agreements that further specify the provisions of these GTC shall take precedence over these GTC.

14. Severability Clause

Should any provision of this contract or an annex to this contract be or become invalid, the validity of the remainder of the contract shall not be affected thereby. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual gaps.

15. Force Majeure

If timely performance by the Company, its suppliers, or engaged third parties is rendered impossible or delayed as a result of force majeure—such as unforeseeable global events, international shipping crises, plant closures (lockdowns), pandemics, natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, civil unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage—the Company shall be released from the performance of the affected obligations for the duration of the force majeure as well as a reasonable restart period following its end. In such cases, the Company expressly cannot guarantee punctual delivery. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company must fully reimburse the customer for any remuneration already paid. Any further claims, in particular claims for damages resulting from force majeure (vis major), are excluded.

16. Applicable Law / Place of Jurisdiction

These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered seat of the Company shall have jurisdiction.

17. Reference Advertising

The customer expressly agrees that the Company may use the customer’s company name and logo on the Company’s platforms (in particular www.topmüller.ch and www.awards.ch) as well as in other advertising materials as a reference for marketing and promotional purposes. This consent is granted free of charge. If the customer does not wish to be named as a reference, they may revoke this consent at any time in writing (via email or post) with effect for the future.

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