1. General Provisions

These General Terms and Conditions (GTC) apply to all deliveries and services provided by Mietervereinigung Mall of Switzerland, owner of Mall of Switzerland, Center Management (hereinafter referred to as “the Provider”) and its suppliers, and to the associated legal relationship with customers (“Customer”). By clicking the corresponding checkbox, the Customer declares to accept and comply with these GTC.

 

2. Shop System

The Provider strives to offer the Customer a smooth and professional service in accordance with the state of the art. Nevertheless, the Provider cannot guarantee error-free and uninterrupted provision of services. It cannot exclude misuse. Liability for damages in connection with the shop system is excluded to the extent permitted by law; in particular, liability for slight negligence and for any consequential damages is excluded.

The Customer indemnifies the Provider and its contractual partners from damages arising from unauthorized or improper use of the website or services within the Customer’s area of responsibility. In case of suspected unauthorized or improper use, the Provider is in any case entitled to suspend or discontinue the provision of services.

 

3. Tickets

Tickets are checked electronically at the entrance to the event. There is no claim for performance and/or compensation against the Provider, even if the redeemer was not the rightful owner of the ticket.

Further conditions and contractual provisions may apply at the event (e.g., house rules of the venue, ID checks, age restrictions, and other conditions of the organizer).

Any misuse is prohibited, in particular the copying, alteration, or imitation of tickets. Instructions from event staff must be followed. Non-compliance will result in forfeiture of participation rights; claims for damages remain reserved.

The Customer has no right of withdrawal regarding the concluded purchase of tickets. Tickets can neither be exchanged nor returned. The same applies if the date of the event and/or the venue must be changed for any reason, or in case of delays and program changes. In these cases, the ticket entitles the event visitor to attend the event on the substitute date and, if applicable, at the substitute venue. If an event is canceled for any reason, the ticket concerned must be returned within 30 days of cancellation to the point of sale where it was purchased.

If the event is not held or not fully held due to force majeure, there is no claim for a refund of the fee paid or compensation for expenses or damages incurred as a result.

Tickets are generally valid for the respective event (see date and validity period on the ticket). After this period, the Provider is no longer obliged to accept them. Lost tickets will not be replaced. Should the Provider have to close or cease operations for any reason, tickets will expire without compensation.

 

4. Delivery

Tickets are sent by email after the contract has been concluded and fulfilled by the Customer (i.e., receipt of payment or debit via the electronic payment method such as credit card, PayPal, Postfinance, etc.) to the email address provided by the Customer. The Provider cannot be held responsible for incorrect or delayed delivery of tickets. Benefit and risk pass to the Customer at the time of dispatch from the Provider’s registered office. The Customer is obliged to check the tickets immediately upon receipt. The Customer must report any discrepancies between the delivered tickets and the ordered tickets, and any other complaints, in writing within three working days. If the Customer fails to do so, the delivered tickets and all associated services shall be deemed approved and warranty rights forfeited.

 

5. Payment

Payment methods can be selected according to the offer. The contract for the purchase is only concluded upon receipt of the full invoice amount (advance payment) or debit via the electronic payment method (credit card, PayPal, Postfinance, etc.). When paying with an electronic payment method, the amount is immediately debited from the Customer. Invoices from the Provider are due immediately and payable without any deduction. When using electronic payment methods, the Customer accepts the terms and conditions of the payment service provider by making the payment. It is at the sole discretion of the Provider to allow payment methods and types of payment and to determine the amount of any fees.

 

6. Customer Data

The Customer agrees that the Provider and its suppliers may gain knowledge of personal data and process data for these purposes in connection with the provision and maintenance of the website and the provision of services. Further information can be found in the Privacy Policy.

 

7. Information

The Provider endeavors to ensure that the information provided on the website is complete, current, and correct. However, the Provider cannot guarantee the accuracy, completeness, and timeliness of the information on the website or for transmission errors and disclaims all liability for damages or inconvenience. The Customer acknowledges that the Provider, in particular, cannot guarantee the content of linked third-party websites and disclaims all liability for them.

 

8. Final Provisions

The Provider is only liable for direct damages caused intentionally or by gross negligence. Liability for slight negligence, indirect damages, and consequential damages is fully excluded.

The Customer waives the right to offset claims against the Provider.

The Provider reserves the right to amend these GTC at any time. Changes will be made accessible on the website and will come into effect upon their publication. For contracts, the current GTC applied by the Provider shall be valid.

Should individual or several provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions of these GTC shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the provision to be replaced. The same applies mutatis mutandis in the event that these GTC should contain a loophole.

Swiss law shall apply exclusively, to the exclusion of conflict of law provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). For private customers, the statutory places of jurisdiction apply. For customers acting commercially, the exclusive place of jurisdiction is the Provider’s registered office.