General Terms and Conditions (GTC) of Stayhigh GmbH, CH-6260 Reiden for the website www.stayhighswiss.ch
1 General
Stayhigh GmbH, head office: Oberdorfstrasse 2, 6260 Reiden CH, takes on the role of seller in the terms and conditions. The customer / visitor of the website that of the buyer. The general terms and conditions are based on Swiss law and apply within Switzerland, provided that the parties expressly or tacitly accept the terms and conditions. Changes are only effective if they are confirmed in writing by the seller. These terms and conditions apply indefinitely. The provisions of the Swiss Code of Obligations and other Swiss laws and ordinances apply to all points not specified in the GTC. Should a provision of this contract be or become ineffective, or if a point is missing in the contract, this shall not affect the legal validity of the remaining provisions. Instead of the ineffective provisions or the undefined point, Swiss law according to the Code of Obligations then applies. The general terms and conditions apply to all orders, visits and subscriptions made on the stayhighswiss.ch website, as well as to all other deliveries, services and reservations made by Stayhigh GmbH.
2. Offer and Item
From a legal point of view, the online shop with all products is only a non-binding online catalog and does not constitute a binding application.
2.1.1. offer
Not all articles are always available. If an article is not available, the seller orders it from the supplier and then sends it to the buyer. Should the seller not be able to deliver an article or several articles, he has the possibility to exchange the article (s) with replacement articles (see point 2.2.2.). The seller can also withdraw from the contract if he cannot deliver by reimbursing the buyer for the price paid (for payments with cash, prepaid and credit card, see point 4). In the case of purchase on account, the seller can withdraw from the contract at any time by informing the buyer via the email address given in the order. Claims for damages due to late delivery or non-delivery are excluded. With the first order of a buyer on account (see point 4.2), the seller is entitled to request an advance payment and can also request this for further orders.
2.1.2. Conclusion of the contract
The buyer only submits a binding order for the products in the shopping cart by clicking the "Order" button during the ordering process. To confirm that the seller has received the order, he sends the buyer an automated email. The seller can accept the contract by delivering the goods to the buyer within ten days. In the case of "advance payment" (manual payment), the buyer also concludes a reservation contract with the seller.
2.2.1. items
Small optical deviations from the images of the goods are possible.
2.2.2 Replacement items
Articles will only be exchanged if the seller is unable to deliver a specific product within a reasonable period of time. The seller is entitled to deliver an equivalent product of the same type and the same or a higher price at the price of the ordered product instead of the ordered product.
3. Shipping and delivery
The seller sends all incoming orders with A Mail or Priority Mail (parcel).
3.1 Shipping and minimum order value
The minimum order value is CHF 20.00. The seller sends orders with an order value of CHF 20.00 or more throughout Switzerland free of charge (partial deliveries possible, certain orders are sent without a tracking number). For orders under CHF 20.00, the seller will charge the buyer in Switzerland CHF 3.95 including VAT, a flat-rate minimum order quantity surcharge, in addition to the goods ordered. If a package is not picked up, the buyer still has to bear the costs of the order (items ordered + shipping costs). For a second shipment, flat-rate shipping costs of CHF 10.00 will be charged by the seller to the buyer. For all other additional shipments, flat-rate shipping costs of CHF 10.00 will be charged by the seller to the buyer. In the case of shipments abroad, the resulting costs for the seller are passed on to the buyer.
3.2 Handover benefit and damage.
Benefit and damage are transferred to the buyer as soon as the seller sends the goods (seller brings the parcel / letter / pack with the ordered goods to the post office).
3.3 Late delivery
The delivery time specified on the website of 1-2 working days is generally adhered to. But the seller is not legally in default even after payment. In the case of purchase on account, the seller reserves the right at any time not to deliver the goods and is therefore never really in default.
3.4 Delivery to a wrong address
If a buyer gives a wrong name or address in the order, all costs incurred by the seller will be passed on to the buyer. If the invoice is not paid, the seller is entitled to charge the buyer who has not truthfully stated his identity, processing fees of CHF 500.00. However, this only occurs if the buyer cannot be found or is difficult to find and the invoice is not paid.
3.5 International shipping
We deliver to some regions outside of Switzerland. The regions can be seen in the order process. The shipping costs are a flat rate of CHF 12.95. From an order value of CHF 300.00, we deliver free of charge abroad. The buyer is responsible that the products he buys through Stayhigh GmbH are legal in his country. Stayhigh GmbH assumes no liability for events abroad.
4. Prices and Payment
All prices include VAT plus the stated shipping costs. The ordered items are sent to the buyer immediately after the order is placed. With the first order by a buyer on account (see point 4.2), the seller is entitled to request an advance payment and can also request this for further orders; the payment conditions for the advance payment also apply, as defined in point 4.2 in these terms and conditions. The buyer also receives an order confirmation. by email. Claims for damages due to delay or impossibility or non-performance, including those that arose up to the withdrawal from the contract, are excluded.
4.1 Research
If the shipment is not received by the buyer within 10 days of receipt of the shipping confirmation, it is the buyer's duty to notify the seller of this immediately. An investigation into the consignment of a buyer will only be initiated by the seller if the buyer has notified the seller of this in accordance with his obligations. However, if the buyer has not properly reported the lack of delivery, an investigation must be initiated directly at the post office by the buyer himself.
4.2. Purchase on account and collection
The buyer has to pay the amount owed within 10 days from the order date. After the period of 10 days after the order has expired, the buyer is legally in default of payment. If the amount is not paid by then, the seller will send a reminder to the buyer via the e-mail address given in the order and grant the buyer an extended period of 10 days. If the amount owed has not been paid even after this extended period of 10 days (20 days after the order date), processing fees of CHF 20.00 will be charged or billed. A payment period of 10 days is granted for the new claim (order amount + CHF 20.00 processing fee). If the claim has still not been paid by this point in time (30 days after the order date), the claim will be forwarded to the Creditreform Luzern Vogel AG collection office. From this point in time (30 days after the order date), the terms and conditions of Creditreform Luzern Vogel AG apply. The debt collection office charges the buyer additional reminder fees. If the claim is still not paid, the debt collection agency will initiate proceedings. Creditreform Luzern Vogel AG also acts as the Swiss Association of Creditreform Genossenschaft, Creditreform Egli Basel AG, Creditreform Regio AG, Creditreform Romandie GNT SA, Creditreform GPA Ticino SA, Creditreform Egli St. Gallen AG, Creditreform Egli Zürich AG. We reserve the right not to forward / hand over the claim to a debt collection agency at any time and to initiate a debt collection procedure and / or debt enforcement against the customer in the own name of Stayhigh GmbH if he does not meet his obligations. If we initiate a debt enforcement or debt collection procedure in our own name, we charge the customer a flat rate of CHF 80.00 and 15% of the amount due in addition to CHF 20.00 and the amount due. Stayhigh GmbH initiates such proceedings after 60 days of default at the earliest. She can consult the customer at any time and reduce or even waive her own fees at her own discretion, but is not obliged to do so.
4.2.1 Creditreform data exchange
In the case of purchase on account, if the claim is not paid, we will exchange data with the following companies within 20 days: Schweizerischer Verband Creditreform Genossenschaft, Creditreform Egli Basel AG, Creditreform Regio AG, Creditreform Romandie GNT SA, Creditreform GPA Ticino SA, Creditreform Luzern Vogel AG, Creditreform Egli St. Gallen AG, Creditreform Egli Zürich AG.
4.2.2 CrediWEB data exchange
When purchasing on account (orders with the selected payment option "invoice"), we exchange data with the website www.crediweb.ch and check the customer's data and creditworthiness.
4.2.3 Duty to inform in the event of default in payment
The seller undertakes to inform the buyer of the delay. This happens when the first free reminder is sent by email. An invoice with a payment slip will be sent to the buyer for the 2nd reminders and additional fees charged. If the buyer changes his address, he is obliged to inform the seller of this.
4.3. Purchase with PostFinance, cards, Twint, crypto currencies ... (Payrexx)
As soon as the payment has been processed (the goods are delivered to the buyer on. If the amount does not reach the seller (e.g. amount is rejected), the provisions of point 4.2 in these terms and conditions apply (4.2 purchase on account and collection). The seller is obliged to To inform the buyer that he has not received the amount and that the buyer has to pay the amount owed.
4.3.1 Purchase on account with partial payment option (POWERPAY)
MF Group / POWERPAY, as an external payment service provider, offers the payment method “purchase on account”. With the individual invoice you can easily pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month.
When the purchase contract is concluded, POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's <a href="https://www.powerpay.ch/de/agb" target="_blank">Terms and Conditions</a> in addition to our General Terms and Conditions. (powerpay.ch/de/agb).
4.3.2.1. You will receive the invoice free of charge by email. By purchasing on account, you accept the <a href="https://www.powerpay.ch/de/agb" target="_blank">Terms and Conditions</a> of POWERPAY (powerpay.ch/de/agb), provided is a valid email address.
4.3.3. Fees PostFinance, cards, Twint, cryptocurrencies… (Payrexx, TFTW, SumUp)
The seller does not charge the buyer any fees for payments. The buyer is obliged to pay the total order amount and that the full amount reaches the seller. In the event of incomplete payments, the seller reserves the right to cancel the order(s) or not deliver the order until the full amount has been paid.
4.4. Purchase with cash
The buyer pays open orders in the warehouse / shop (Stayhigh GmbH, Oberdorfstrasse 2, 6260 Reiden CH) with cash.
4.5. Purchase in advance / bank transfer
The buyer pays the order amount in advance to the seller's bank account. To avoid delays, the buyer must note the order amount. The seller delivers no later than 1 working day after the value date of the payment if it is displayed on the seller's account.
4.6. No payment method selected
If the order is not paid for in the checkout using the above payment methods (4.2 - 4.5), the seller is entitled to cancel the order or to send the order by invoice. If an order is placed and no payment method is selected, the payment terms of point 4.2 in these terms and conditions apply.
5. Retention of Title
Delivered goods remain the property of the seller until the purchase price has been paid in full. We are also entitled to have the retention of title entered. In the event of measures to protect the seller's property, the buyer is obliged to cooperate. If the amount owed is not paid, the buyer is obliged to return the goods to the seller in perfect condition at his own expense. Even if the seller withholds the goods, the terms of payment in accordance with point 4.2 Purchase on account and collection in these terms and conditions apply to the buyer.
6. Defects and warranty
Upon receipt of the goods, the buyer must check the goods for defects as soon as possible. The buyer must notify the seller of any obvious defects within 7 working days by sending an email to.
6.1 Defects
The postage costs for the return are borne by the buyer. If there are defects, the item (s) that are defective according to the buyer must be returned to the seller to the following address.
Stayhigh GmbH
Oberdorfstrasse 2
6260 Reiden
6.2 Guarantee (warranty)
The warranty expires if the buyer wears or changes the product. The warranty period is basically 1 year, but the product must not be worn or changed, otherwise the guarantee will expire. The seller sends back to the supplier all items that are defective according to the buyer. Only if the seller's supplier acknowledges the defects and grants the seller a repair, a reduction in price, a complete exchange or even a conversion, the buyer has the right to have the seller repair or replace the item (s) (partially or completely). according to point 6.2.1. If the seller's supplier does not acknowledge the defects, the warranty obligation for the seller and the right to a warranty for the buyer expire.
6.2.1 Free rework, exchange, reduction and conversion
During the warranty period, the seller has the right to free rework, a partial or complete exchange of the article is permitted. If defects are not remedied within a reasonable period, the buyer is entitled to a reduction in price. Any kind of change is excluded unless the seller withdraws from the contract.
6.2.2 Product liability
The seller assumes no liability for his products if the buyer does not use the product according to the instructions for the product. Therefore no liability is assumed for the use and application of pollen shakers, pollen extractors and digital scales of the buyer.
7. Age of majority
ID checks are repeatedly carried out on online orders. We reject all customers in the online shop who have not reached the age of 18 and block the customer account. By accepting the terms and conditions, the customer confirms that he has reached the age of 18. When the customer places an order, he is obliged to truthfully state the date of birth in the order process. The age must be stated truthfully every time you visit the website. Every visitor to the website is obliged to correctly indicate the age. Expenses for returns that result from incorrect information about the age are fully borne by the buyer or his legal representative. If Stayhigh GmbH is punished with a fine because someone orders something who is not of legal age, the legal representative of the buyer must pay the costs incurred by the fine for the seller, provided that the buyer is capable of judgment. If the buyer is not capable of judgment, it is impossible for him to have his own domicile address, so his legal representative is responsible for what he purchases.
7.1 Seller's obligation to provide information
The seller informs the buyer each time they visit the website that one must be 18 years old to visit or purchase. On the buyer's side, you will be told several times that you are 18 years old and have to confirm it every time you visit. Each time you visit the website, a window appears where the seller expressly points out that the customer must truthfully state his age.
7.2 Forgery of Identity
Anyone who does not give their date of birth truthfully is liable to prosecution. Forgery of identities is an offense in Switzerland and is punishable by imprisonment of up to three years or a fine. We are entitled to initiate criminal proceedings if you forge your identity.
8. Data protection
The seller / operator of the website draws your attention to the fact that he processes and saves all the data necessary for doing business. The seller / operator of the website does not sell any data and deletes all data of the buyer at the buyer's request if the seller is able to do so. The seller uses the data provided by the buyer or visitor to the website to fulfill and process the order and for its own advertising purposes such as promotional gifts and newsletters.
8.1 Newsletter
If you leave your e-mail on the website, you will automatically register for the newsletter. The seller and operator of the website uses the email address of the buyer or visitor to the website for their own advertising purposes until the buyer or visitor to the website has unsubscribed from the newsletter. The deregistration is possible at any time. With every order you automatically register for the newsletter.
8.2 Protection of privacy & cookies
Stayhigh GmbH does everything to protect the data well and does not pass on any data. Stayhigh GmbH wants to guarantee privacy protection as much as possible. The Stayhigh GmbH website was created with WIX. Therefore, all data runs automatically via WIX. This provider uses cookies and other things. According to the WIX terms and conditions, the data is very well protected (https://de.wix.com). If you have any questions about which data is stored about you, please contact headshop@stayhighswiss.com. However, it should be noted that some of the data is automatically transmitted to WIX and Stayhigh GmbH has no access to it. Stayhigh GmbH does everything in its power to protect the buyer's data from third parties, but does not assume any liability for the warranty. It is possible that certain services which Stayhigh GmbH itself uses to operate an online shop are not mentioned. Any claims for damages resulting from the transfer of data that Stayhigh GmbH did not intentionally cause will be void. However, Stayhigh GmbH guarantees not to resell the data, but it should be noted that this happens automatically via Google etc. without Stayhigh GmbH being able to influence this. Stayhigh GmbH does everything to protect the data well and does not pass on any data. Wix uses cookies for many important reasons such as: To provide a great experience for our visitors and customers. To recognize our registered members (users who have registered on our website). To observe and analyze the performance, operations, and effectiveness of the Wix platform and to ensure that our platform is secure.
8.3 Extended data protection declaration
This is the privacy policy of Stayhigh GmbH. It applies to all online content published on this website, Stayhigh GmbH, based in Reiden. Address and legal information can be found in the imprint. We take the protection of your personal data and your privacy very seriously. The personal data are always treated confidentially and in accordance with the statutory data protection regulations. If a data protection officer has to be appointed, this is Emanuel Fischer (managing director). The content of this data protection declaration and all of our online offers can be changed at any time without prior notice. The most recent version published on the website applies.
8.3.1 General information
The links listed in this data protection declaration are intended to be of assistance. We do not assume any liability for the content or the topicality of the content. The contents of these links are therefore not necessarily part of the data protection declaration. If external companies are mentioned in the data protection declaration, the latest general terms and conditions and data protection declarations of those companies always apply.
8.3.2 Disclaimer of Liability
Our website is carefully checked. We strive to keep the information on offer up-to-date, complete and correct in terms of content. However, errors in content and delivery cannot be ruled out. We cannot therefore guarantee the availability of the website and its content. Liability claims from damage of any kind that arise through the direct or indirect use of our offer are excluded. We also assume no responsibility or liability for the content and availability of third-party websites to which we link.
8.3.3 Your Rights
You can request information about your stored personal data at any time free of charge (right of information in the GDPR). You can request the blocking or deletion of this data. To do this, contact the address given in the legal notice.
8.4 Provision of this website
8.4.1 Hoster
The website is hosted by WIX on a web hosting service. By using our website, you may also accept the general terms and conditions of WIX and the data protection declarations of WIX.
8.4.2 In cooperation with WIX, we strive to protect the databases as well as possible from unauthorized access, loss and misuse.
8.4.3 Secure connection
Whenever possible, this website is protected with an SSL certificate. All data is then encrypted and transmitted to our servers. You can recognize the encrypted connection by the addition https: // in front of our domain or by the green lock in the address line.
8.4.3 General cookies
This website can set cookies regardless of the tools used. If you do not want this, you can deactivate the acceptance of cookies in your browser.
8.4.4 Tools used
contact form
Online shop
Membership registration
Members portal
(Not final)
All inquiries that you send us using the contact form are sent through our server. The inquiries are sent to an email address and are stored by us for the purpose of processing and for follow-up questions. The data will not be used for advertising purposes.
8.4.5 Google
Google Inc. is a company of the Alphabet Group with its headquarters at 1600 Amphitheater Parkway, Mountain View, CA 94043, in the United States (USA). Google observes the regulations of the GDPR. You can find information on Google's data protection at https://support.google.com/analytics/answer/6004245?hl=de. Google can collect personal data for all of the following services, especially if you are logged into your Google account. We refer to the personal data protection center in your Google account to manage these settings.
8.4.6 Analytics
Google's terms and conditions apply. The addition on data processing by Analytics has been completed with Google. The IP addresses are anonymized before they are sent to Google (information here, except in exceptional cases). Google Analytics uses cookies. These enable the analysis of visitors to our website. With this information we can improve our website for you. The information recorded by cookies is usually transferred to a Google server abroad and stored there. If you do not want to be recorded by Google Analytics, you can deactivate Google Analytics for your browser with this tool: https://tools.google.com/dlpage/gaoptout?hl=de.
8.4.7 Google Maps
We use the Google Maps API to show you geographic data. Google may collect personal data when interacting with the map.
8.4.8 Google Fonts
Google Fonts provides fonts for our website. The fonts are loaded from Google servers when the website is accessed. For this purpose, data is transmitted to Google servers.
8.4.9 Adobe
Some fonts are loaded from Adobe Typekit. In doing so, personal data can be transferred to Adobe's servers. You can see the data concerned here: https://www.adobe.com/ch_de/privacy/policies/typekit.html
8.5 Social Media and Facebook
We may use services from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit pages that incorporate these services, you will be connected to Facebook servers (possibly abroad). If you are logged in to Facebook or if you have a Facebook account, these calls can be linked to your account. Interactions on our website (like or share function) are also passed on to Facebook. Facebook provides information at https://de-de.facebook.com/about/privacy. Tools from other social media can be used. The data protection declarations and terms and conditions of the respective company apply.
8.6 Detailed privacy policy
The points 8. in this GTC contain information about data protection but are not exhaustive. The detailed data protection declaration can be found at www.stayhighswiss.com/datenschutz
9. Cancellation of an order (revocation)
The buyer can revoke / cancel the order by sending an email to headshop@stayhighswiss.com with the note "Revocation" or "Cancellation" and the order number. The right of withdrawal expires after 7 days of the order date. If the goods have not yet been delivered to the buyer, the seller will credit the buyer with the amount that the seller has received from the buyer. If this has already arrived at the buyer, the buyer must send the goods back to the seller with an enclosed letter at his own expense. The seller checks whether the goods come back as they were sent. If no item is damaged or changed, the seller will credit the buyer with the amount received from him. If items are damaged or altered, the seller deducts the sale price of this item from the amount received and credits the buyer with the remaining amount.
9.1 Credit to the buyer
The seller credits the amount for a recall that he has received. In the case of a purchase on account or in cash, this is the full amount; however, point 9 in these terms and conditions must be observed. When buying with a credit card, Twint or PostFinance, the seller never receives the full amount because the payment provider charges commissions for each transaction. When buying with a credit card, Twint or PostFinance, the seller only credits the buyer with the amount he has received after deducting the commission. For the transfer, the buyer must contact the seller and provide him with his bank details. He can do this by writing an email to headshop@stayhighswiss.com or a letter. The seller does not charge any fees for the transfer.
10. Stickers & Stickers
With every sale of goods, the seller gives the buyer free stickers and trendy items. However, the seller does not undertake to give the buyer stickers and trend items for every sale or order.
10.1 Attaching stickers
The seller expressly draws the buyer's attention to the fact that stickers may only be attached where the owner or the state, canton, city or municipality, etc. have given their consent. The legal consequences of unauthorized posting or sticking are borne by the person who carries out such an action. When passing on stickers, the recipients must be informed of the legal situation. The seller assumes no liability for the affixing of stickers (unless he affixes them himself, but in principle he does not do this unless he is authorized to do so). He gives the stickers (stickers) for advertising purposes. The buyer or recipient of the stickers (stickers) is not entitled to affix them or to apply them in places where they are not allowed to be affixed. The buyer / recipient is responsible for any inappropriate attachments. The seller declines all liability.
11. Publisher
We reserve the right to exchange Stayhigh Points for merchandise instead of cash at any time.
11.1 Payout
The publisher receives book money as commission that is transferred to his bank account, cash or vouchers from the seller. If the partner wants his commission in cash, he is obliged to pick it up from the seller, Stayhigh GmbH, Oberdorfstrasse 2, 6260 Reiden (during opening hours). If he wants his commission to be transferred to his bank account, he is obliged to inform the seller of his IBAN, bank, bank address and the account holder by email. He will automatically receive vouchers as commission by e-mail (voucher code for free purchases as commission). If the partner redeems them, he is no longer entitled to commission in the form of cash or book money.
12. Applicable law and place of jurisdiction
The legal relationship is subject to Swiss law. The Swiss Code of Obligations applies to all points not defined in the General Terms and Conditions. This also applies to unlawful points in these terms and conditions (if any) as well as gaps in these terms and conditions (the OR applies instead of the point (s) specified by the seller). The exclusive place of jurisdiction is Reiden.
These terms and conditions were last changed on May 1st, 2024, subject to change.