Terms and Conditions
Effective August 1, 2023
1. Scope
These General Terms and Conditions (GTC) are an integral part of the contract concluded between Space Eye and the customer in accordance with Section 2. Space Eye is operated by the Uecht Observatory Foundation.
The GTC apply without reservation and take precedence over any other terms and conditions. Any agreements that modify or supplement the following provisions require the written consent of Space Eye to be valid. The version of the GTC in effect at the time the contract is concluded shall apply.
2. Conclusion of the Contract
When placing orders in the online shop on the Space Eye website, customers submit an offer to conclude the contract by clicking the “Complete Order” button and accepting these Terms and Conditions upon completion of the order.
For orders placed in person or by phone with Space Eye, the customer submits an offer to enter into a contract by placing a verbal order. The same applies mutatis mutandis to orders placed by email. During the ordering process, customers are informed that by continuing with the order, they accept the Terms and Conditions, without the need for them to be provided prior to the conclusion of the contract. They have the option to view the Terms and Conditions on the Space Eye website (www.space-eye.ch) or in person, or to request that they be sent via email.
The contract between Space Eye and the customer is concluded as soon as Space Eye has confirmed the order by email or in writing. The content of the order confirmation shall determine the scope of deliveries and services. The customer is deemed to have accepted this unless they raise objections in writing within three business days of receipt. Cancellation of the order is only possible in accordance with the following conditions.
3. Prices and Payment
All prices are in Swiss francs and, unless expressly stated otherwise, include the applicable value-added tax but exclude packaging and shipping costs.
Payment for deliveries and standard services (such as guided tours) is to be made by the customer upon conclusion of the contract using cashless payment methods accepted by Space Eye, either online or on-site. Cash payments are also accepted on-site.
For special, custom-tailored services (such as events), Space Eye will provide a quote and define the payment terms. Space Eye may charge a reservation fee of up to 25% of the quoted amount, payable upon conclusion of the contract. For quoted amounts exceeding CHF 10,000, Space Eye may require installment payments, with 25% due upon signing the contract and an additional 50% due 60 days before the event. The remaining balance is due upon receipt of the final invoice.
Space Eye will provide the contractual goods and services upon irrevocable confirmation of receipt of payment by the bank or credit card company.
4. Number of Guests
Where the number of attendees affects the price, the client agrees to provide the expected number of attendees as accurately as possible at all times and to notify Space Eye of any changes as early as possible. Upon signing the contract, an initial estimate must be provided 60 days before the event with a tolerance of +/- 15%, and the final number of guests must be provided no later than 14 days before the event. This number is binding for billing purposes.
5. Arrival and Departure
Parking at Space Eye is not permitted. The binding regulations regarding parking and transportation options can be found on the website (www.space-eye.ch).
6. Deliveries, Shipping
Ordered items are generally shipped immediately upon receipt of payment. If this is not possible, the customer will be notified. Title and risk pass to the customer upon the shipment’s departure from Space Eye.
Shipments are made via mail or courier service. Flat-rate shipping fees are charged for packaging and shipping, depending on the size and weight of the packages. The currently valid flat-rate shipping fees are listed in the price lists and in the online store. Customs duties may apply for international shipments; these are to be paid directly by the customer in addition to the flat-rate shipping fees.
7. Services
Group tours are conducted by tour guides (Space Guides) from Space Eye. The selection of the tour guide is at the discretion of Space Eye.
Space Eye may engage third parties to provide services, in particular for catering at events and other services outside the standard range of services.
Customers are not authorized to commission third parties to provide services offered by Space Eye.
8. Complaints, Returns, Cancellations
8.1. Deliveries
Damaged or defective items may be returned within 14 days of receipt and exchanged free of charge. Space Eye must be notified of the complaint and return via email or telephone within 48 hours of receiving the merchandise.
Returns of ordered items for other reasons are only permitted with Space Eye’s express consent. The return must be made within 14 days in the undamaged original packaging. Costs will be reimbursed only for items in pristine, unused condition. If the returned item and its packaging are not in perfect, like-new condition, Space Eye may refuse to issue a refund or deduct up to 30% of the sales price. Refunds for shipping costs are excluded in all cases; the customer is responsible for return shipping costs.
Returns must be addressed to Space Eye, Uecht 53a, CH-3087 Niedermuhlern, along with a written note stating the customer’s name, order number, reason for the return, and the desired course of action.
8.2. Standard Services
The customer must notify Space Eye in writing or by email (info@space-eye.ch) of the cancellation of an ordered standard service.
No fee will be charged for cancellations received by Space Eye at least 14 days prior to the service date. If the customer has already paid for the canceled service, Space Eye will refund the corresponding amount. In the event of a later cancellation, or if the customer fails to use the ordered service (failure to appear at the agreed-upon time or a delay of more than 30 minutes), the customer is liable for the full price of the service.
If Space Eye is unable to provide the booked service, the customer is entitled to a full refund. Any further claims for damages by the customer are excluded. If the service cannot be provided due to force majeure, there is no entitlement to a refund. The same applies in the event of other serious restrictions for which Space Eye is not at fault, such as a pandemic.
8.3. Individual Services
The customer must notify Space Eye in writing or by email (info@space-eye.ch) of the cancellation of any ordered individual services.
Cancellations by the customer are possible up to 90 days before the event without incurring any costs. Any reservation fees or down payments already made will be refunded by Space Eye. For cancellations by the customer made later than 90 days before the event, payments due up to the time of cancellation remain payable and will not be refunded.
9. Liability, Damages
Space Eye is liable, within the scope of statutory provisions, for damages incurred by customers while using Space Eye’s services, particularly if such damages are demonstrably attributable to a negligent or intentional breach of duty by Space Eye or its agents. Any further liability on the part of Space Eye is excluded.
10. Data Protection
Customers’ personal data will be processed in compliance with applicable data protection laws. The data may be collected, processed, and used via automated procedures to the extent necessary. Customers consent to the transfer of this data to contracted third parties to the extent necessary for the performance of the contract.
11. Final Provisions
Swiss law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction is Bern.
Side agreements and amendments to the contract must be in writing to be valid. This formal requirement cannot be waived by oral agreements.
Should any provision of this contract be wholly or partially invalid or subsequently lose its legal validity, this shall not affect the validity of the remaining provisions. In place of the invalid provision, an appropriate alternative provision shall apply by way of adaptation that most closely reflects, in economic terms, what the contracting parties intended or would have intended had they been aware of the invalidity of the provision.
Niedermuhlern, July 28, 2023