Terms of service
Terms and Conditions
OVERVIEW
This website is operated by Wicki Forst AG. Throughout the website, the terms “we”, “us” and “our” refer to Wicki Forst AG. Wicki Forst AG offers this website, including all information, tools and services available on it, to you, the user, on condition that you accept all the terms, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to the following terms and conditions (“Terms and Conditions”, “Terms”), including the additional terms and policies referred to here and/or available by hyperlink.
These Terms and Conditions apply to all users of the site, including browsers, vendors, customers, merchants and/or contributors of content. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms and Conditions. If you do not agree to all the terms of this agreement, you may not access the website or use any services.
Any new features or tools added to the current store are also subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, amend or replace parts of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you confirm that you are of legal age in your place of residence or that, as an adult, you have given your consent for your minor dependants to use this website.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction, including but not limited to copyright laws, when using the Service.
You must not transmit any worms, viruses or other code of a destructive nature.
A breach of or failure to comply with any of the Terms will result in the immediate termination of your services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information made available on this site. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our Returns and Refunds Policy.
We have made every effort to display the colours and images of our products in the store as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obliged, to limit sales of our products or services to any person, geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue production of any product at any time.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PRICES AND PAYMENT
All prices are in Swiss francs (CHF) and include statutory value added tax. Shipping charges and any surcharges for bulky, heavy or dangerous goods are shown separately during the ordering process before you complete your order. Details can be found in our Shipping Policy.
We accept credit cards, including American Express, Apple Pay, Google Pay, payment on invoice, advance payment and cash on collection. For new customers, we reserve the right to deliver only against advance payment.
The price displayed in the shop at the time of your order applies. Obvious pricing errors entitle us to withdraw from the contract; in this case, we will refund any amount already paid in full.
Unless otherwise agreed, invoices are payable without deduction within 30 days of the invoice date. In the event of late payment, we are entitled to charge default interest and reasonable reminder fees.
SECTION 7 – CONCLUSION OF THE CONTRACT
The display of products in the shop does not constitute a binding offer. By submitting your order, you make a binding offer. The contract is concluded when we confirm your order or dispatch the goods. The automatic acknowledgement of receipt by email does not yet constitute acceptance of the order.
SECTION 8 – DELIVERY
Our Shipping Policy applies. Stated delivery periods are estimates and are not fixed deadlines. Delays for which we are not responsible, particularly supply shortages at our suppliers, do not give rise to claims for damages. If an item is permanently unavailable, we will inform you promptly and refund any amounts already paid.
Large equipment such as wood chippers, forestry crawlers and quads is delivered by individual arrangement. Fuels and oils in drums are classified as dangerous goods and are shipped exclusively within Switzerland.
SECTION 9 – RETENTION OF TITLE
The goods delivered remain our property until payment has been made in full.
SECTION 10 – INSPECTION, NOTICE OF DEFECTS AND WARRANTY
Please inspect the goods immediately upon receipt. Please notify us of visible defects and transport damage within 7 days, and of hidden defects immediately upon their discovery. The statutory provisions of the Swiss Code of Obligations apply.
In the event of a justified notice of defects, we will repair the goods, replace them or refund the purchase price. Wear parts, damage caused by improper use or overloading, missing or improper maintenance, and interventions by third parties are excluded from the warranty. For machinery and equipment, the warranty terms of the respective manufacturer also apply.
Details of voluntary returns can be found under Returns and Refunds.
SECTION 11 – INTENDED USE
Some of our products, in particular power tools, forestry machinery, personal protective equipment and special fuels, may only be used for their intended purpose and in accordance with the manufacturer's instructions supplied and the applicable safety regulations. Personal protective equipment must be inspected before every use and withdrawn from use after a fall or damage. We are not liable for damage resulting from use other than for the intended purpose.
SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you, where appropriate, by email and/or using the billing address or telephone number provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to update your account and other information promptly, including your email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you as needed.
For further details, please see our Returns and Refunds Policy.
SECTION 13 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control and over which we have no influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers. We may also offer new services and/or features through the website in the future, including the release of new tools and resources. Such new features and/or services are also subject to these Terms and Conditions.
SECTION 14 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and shall have no liability for any third-party materials or websites, or for any other third-party materials, products or services.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions connected with third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, such as competition entries, or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise, collectively “comments”, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send us. We are and shall remain under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website in any way. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or a third party.
SECTION 16 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, cantonal or local regulations, rules, laws or ordinances; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in a way that affects the functionality or operation of the Service, any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for prohibited use under the Terms of Service.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods of time from time to time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Wicki Forst AG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in content, or any loss or damage incurred as a result of the use of the Service or any content or products posted, transmitted or otherwise made available through the Service, even if advised of their possibility.
Liability for damage caused by gross fault and for personal injury remains reserved in all cases. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those jurisdictions is limited to the maximum extent permitted by law.
SECTION 20 – INDEMNIFICATION
You agree to indemnify and hold harmless Wicki Forst AG and our parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any third-party claims or demands, including reasonable lawyers' fees, arising from your breach of these Terms of Service or the documents they refer to, or your violation of any law or a third party's rights.
SECTION 21 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such a determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 22 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions remain effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If, in our sole judgement, you fail to comply with any term or provision of these Terms and Conditions, or we suspect that you have failed to do so, we may also terminate this agreement at any time without notice. In that event, you remain liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our services or any part of them.
SECTION 23 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
These Terms and Conditions and any policies or operating rules published by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to any previous versions of the Terms and Conditions.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements under which we provide services to you are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is Malters, Canton of Lucerne, unless mandatory statutory rules on jurisdiction provide otherwise.
SECTION 25 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our discretion, to update, amend or replace any part of these Terms and Conditions by publishing updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to info@wickiforst.ch.
Wicki Forst AG
Eistrasse 10
6102 Malters
Lucerne, Switzerland
Telephone +41 41 250 30 02
Email info@wickiforst.ch
CH-ID: CH-100-3790412-3
UID: CHE-114.988.750
