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General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

As at: 28 July 2026

Section 1 Provider

These GTC are used by:
Spatz Custom Gear Solutions
Oberwilerweg 32
CH-4852 Rothrist, Switzerland
UID: CHE-442.561.192
Commercial register: Canton of Aargau

Hereinafter referred to as the “Provider”.

Section 2 Scope of application

These GTC apply to all legal transactions between the Provider and

  • consumers - natural persons who conclude contracts for private purposes;
  • business customers - natural or legal persons acting in the exercise of a commercial or professional activity (for example dealers, shooting ranges, security companies, authorities).

The version of these GTC in force at the time the contract or offer is made is controlling. Conflicting or differing terms and conditions of a business customer are not recognised unless the Provider expressly agrees to their application in writing in an individual case.

Section 3 Contract conclusion in the online shop and storage of the contract text

These GTC apply to orders that customers place through the Provider's online shop website www.custom-gear.ch. The contract is concluded with the Provider (Section 1).

The presentation and description of the goods on the website does not constitute a binding contractual offer, but an invitation to make an order (invitation to treat).

By submitting the order by clicking the “Jetzt kaufen” (“Buy now”) button at the end of the ordering process, the customer makes a binding offer to conclude a purchase contract. The contract is concluded only upon the Provider sending an order confirmation by e-mail.

The contract text is stored; the customer receives an e-mail with the order data.

Section 4 Offers and quotations

Where the Provider issues an individual written offer (quotation), the following applies:

  • Binding effect and validity period. The offer is binding until the expiry of the validity period stated on it (Art. 3 CO). If no validity period is stated, it is 14 days from the date of the offer. After expiry, the Provider is no longer bound by the offer.
  • Acceptance. The contract is concluded when the customer accepts the offer within the validity period in writing, including by e-mail, or by signature, and the acceptance reaches the Provider within that period (Art. 3 CO). An acceptance that arrives late is deemed a new offer by the customer.
  • Precedence. The points individually regulated in the offer, in particular services, quantities, prices and deadlines, take precedence over these GTC in the event of conflict. Otherwise these GTC apply.
  • Prices. Prices in offers are stated in Swiss Francs (CHF), currently without VAT (see Section 5), plus shipping and any ancillary costs, unless stated otherwise.
  • Error reservation. Obvious writing, printing or calculation errors in offers do not bind the Provider (Art. 24 CO).

Section 5 Prices and payment

Prices are stated in Swiss Francs (CHF). The Provider is currently not subject to VAT; prices are therefore stated without value added tax (VAT).

Shipping costs are not included in the displayed price and may be charged additionally.

Payment options: TWINT, bank transfer. With consumers, payment is generally required in advance. With business customers, payment is due in accordance with the offer or invoice within the stated payment period. In the event of late payment, the Provider is entitled to demand default interest of 5% (Art. 104 CO).

Section 6 Delivery and delivery restrictions

Delivery takes place, unless the product description or the offer provides otherwise, within 2-6 weeks. For custom-made products, the period stated in the offer applies. Partial deliveries are permitted.

Section 7 Passing of risk

Consumers: The risk of accidental deterioration or accidental loss of the goods passes to the consumer upon handover of the goods to the consumer.

Business customers: In the case of a sale by dispatch, the risk passes upon handover of the goods to the transport service provider.

Section 8 Retention of title

Until full receipt of the purchase price, the Provider retains title to the goods.

Section 9 Return right and withdrawal

Under Swiss law, there is no statutory right of withdrawal or return for purchases made in the online shop or on the basis of an offer (Art. 40a et seq. CO covers only doorstep and similar transactions, not distance selling).

The Provider grants no voluntary return right. In particular, products manufactured by the Provider itself or individually made to order, for example weapon holsters, magazine holders and TQ mounts, are excluded from exchange and return.

Statutory rights for defects (Section 10) remain unaffected.

Section 10 Warranty and defects

The statutory provisions on liability for defects (Art. 197 et seq. CO) apply.

  • Duty to inspect and give notice (Art. 201 CO). The customer must inspect the goods upon receipt and notify obvious defects without delay, and hidden defects without delay after discovery, in writing. If notice is not given, the goods are deemed approved.
  • Remedy. In the case of a justified defect, the Provider shall, at its option, remedy the defect or supply a replacement. If this fails, the customer has the statutory rights of price reduction or rescission.
  • Limitation. For consumers, the limitation period for defects is 2 years from handover (Art. 210 CO) and is not shortened. For business customers, the limitation period is shortened to 12 months from handover, to the extent permitted by law.
  • Custom fit. For individually fitted products, minor deviations in fit or retention do not constitute a defect; in this case the Provider offers a remedy.

Section 11 Liability

  • The Provider is liable without limitation for intent and gross negligence (Art. 100 CO) as well as for damage caused by injury to life, body or health.
  • For slight negligence, the Provider is liable only in the event of breach of material contractual obligations, limited to the contract-typical, foreseeable damage. Liability for indirect and consequential damage is excluded to the extent permitted by law.
  • Product safety of weapon accessories. The customer is solely responsible for the lawful handling of weapons and compliance with applicable weapons legislation. The customer must check the fit and retention of the product before carrying it with a live firearm. The Provider is not liable for damage resulting from improper use, unauthorised modification of the product or failure to comply with statutory provisions.
  • Mandatory liability under the Swiss Product Liability Act (PrHG) remains reserved.

Section 12 Data protection

The Provider is the controller within the meaning of the revised Swiss Federal Act on Data Protection (revDSG) (Section 1).

The Provider processes the personal data required for contract performance, including name, delivery and billing address, e-mail, telephone if provided, payment details and login data, exclusively for the purpose of contract performance, order processing, delivery and payment. Data is disclosed only to the commissioned transport service provider and the hosting provider; the website is hosted on servers in Switzerland. Any further disclosure occurs only with consent or where legally required.

Data subjects have the right to information (Art. 25 revDSG), rectification, erasure and objection. Requests should be addressed to the Provider (Section 1). Personal data is retained only for as long as the purpose of processing or statutory retention obligations require.

Section 13 Applicable law and jurisdiction

Swiss law applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention / CISG).

Consumers: The mandatory place of jurisdiction at the consumer's domicile (Art. 32 CPC) remains reserved.

Business customers: The exclusive place of jurisdiction is the Provider's registered office (4852 Rothrist, Canton of Aargau), to the extent permitted by law.

Section 14 Final provisions

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

As at: 28 July 2026

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