EU Hub supplementary agreement

Table of contents

1 Pricing and price presentation

1.1 The merchant shall record the sales price in accordance with paragraph 4.4 of the Terms of Use. The merchant is free to choose whether to record his sales prices in Swiss francs or in euros. If the merchant enters his sales prices in euros, Galaxus shall automatically convert the sales prices into Swiss francs on a daily basis in accordance with the following conversion rules.

1.2 Galaxus converts the price entered by the merchant in EUR into Swiss francs (CHF) at the current daily exchange rate so that the price can be displayed in CHF in the online shop. This is based on the exchange rate of the ECB, which is imported at 3.00 pm and is valid for the current day until 2.59 pm the next day.

1.3 All prices on the marketplace are published in Swiss francs.

1.4 The purchase contract between the merchant and the customer is always concluded in Swiss francs.

2 Delivery, transport and customs clearance

2.1 The merchant is responsible for delivering the ordered products to the customer's delivery address in Switzerland or the Principality of Liechtenstein. Delivery shall be made as follows:

2.2 The merchant shall transport the ordered products himself and at his own expense to the address of the company commissioned by Galaxus to process the export and import (hereinafter ‘processor’).

2.3 The merchant must pack the products properly. Galaxus or the processor may refuse to accept damaged or improperly packaged deliveries and return them to the merchant at the merchant's expense. The merchant shall draw the attention of Galaxus and the processor to any special characteristics of the products or their packaging that may affect transport. Upon receipt and acceptance of the products at the address of the processor, the risk shall be transferred to Galaxus.

2.4 The merchant commissions and authorises Galaxus to transport the ordered products from the address of the processor to the customer's delivery address, to declare the delivered products for export in Germany and to clear them through customs when they are imported into Switzerland or the Principality of Liechtenstein. Galaxus is authorised to transfer all of these rights and obligations to the processor without the merchant's prior consent being required.

2.5 Galaxus or the processor shall make the export customs declaration in Germany in the name and on behalf of the merchant and provide the merchant with an export certificate in electronically retrievable form. The merchant must raise any objections regarding the electronically retrievable proof of export within seven (7) working days of retrieval. After this period has expired, the merchant shall have no recourse against Galaxus for any defects in the proof of export. The merchant shall remain solely responsible for all other tax-related matters outside Switzerland and the Principality of Liechtenstein.

2.6 Notwithstanding paragraph 3.4 of the Terms of Use, Galaxus or the processor shall carry out the import on behalf of Galaxus and pay the Swiss import tax and any customs duties. The merchant undertakes to reimburse Galaxus for any customs duties and all other taxes, duties or fees. Galaxus' entitlement to reimbursement of customs duties, other taxes, levies and fees shall arise upon delivery or retrievability of the import duty notice or other suitable documents.

2.7 The details for the process flow are shown in Annex 1 under technical framework conditions. The merchant is obliged to adhere to them.

2.8 In this context, the merchant warrants and represents to Galaxus that all information and details, namely in accordance with the dispatch notification issued by the merchant, regarding the products delivered by the merchant, including but not limited to the description of the goods, customs classification (item number and commodity code) and weight details (gross mass), which are directly or indirectly included in the customs export declaration in Germany and/or in the customs import declaration in Switzerland as part of the customs declaration of the delivered products, are complete and accurate. Otherwise, paragraph 22 of the Terms of Use shall apply. Failure to fulfil these obligations constitutes good cause within the meaning of paragraph 20.2 of the Terms of Use.

2.9 Galaxus and the processor shall have the right to check the information and data provided by the merchant on a random basis.

3 Delivery time

3.1 The merchant must specify the delivery time to the processor's address and the product availability via the interface specified in Annex 1.

3.2 The time required by the processor to import the ordered products into Switzerland or the Principality of Liechtenstein and deliver them to the customer (‘processing time’) is automatically added to the delivery time calculated in accordance with paragraph 9.7 of the Terms of Use. The delivery time displayed on the marketplace is therefore calculated from the factors product availability, measured delivery time and fulfilment time.

3.3 For compliance with the ‘Delivery time’ service level in Annex 5, the decisive factor is whether the merchant delivers the product to the address of the processor within the delivery time and product availability specified in 98% of incoming orders (with the exception of orders cancelled by the merchant).

4 Returns in warranty and guarantee cases

4.1 In all warranty and guarantee cases in accordance with paragraph 7 of the GTC, the merchant shall exercise his right of choice in the sense of the credit note at the current price in accordance with paragraph 7.1 of the GTC (‘purchase price credit note’).

4.2 The merchant commissions and authorises Galaxus:

• to conduct any correspondence with customers in the return process on its behalf;

• to receive and inspect the returned products from customers in Switzerland, in particular with regard to the warranty and guarantee reasons asserted by the customer;

• crediting the purchase price if the guarantee or warranty claim is justified; and

• dispose of the returned products or otherwise dispose of them at the discretion of Galaxus.

5 Return in all other cases

5.1.     The merchant commissions and authorises Galaxus:

• to conduct any correspondence with customers in the return process on its behalf;

• to receive and inspect the returned products from customers in Switzerland;

• refund the purchase price to the customer if the customer exercises his right of return in accordance with the GTC;

• to export the returned products from Switzerland or the Principality of Liechtenstein and import them into Germany; and

• transport to the address in Germany specified by the merchant.

Galaxus is authorised to transfer all of these rights and obligations to the processor without the merchant's prior consent being required.

5.2 The postage fees for the return, which are incurred for transport in Switzerland (‘Swiss postage fees’), are generally borne by the customer, except in the case of clothing and shoes or in the special cases noted under the return guidelines on the marketplace. Swiss postage fees not incurred by the customer will be passed on to the merchant. Any VAT owed will be added.

5.3 Galaxus or the processor shall make the export customs declaration in Switzerland on behalf of Galaxus and the import customs declaration in Germany on behalf of the merchant and shall provide the merchant with an import duty notice in a suitable form or enable it to be retrieved electronically. The merchant must raise objections to the import duty assessment within seven (7) working days of receipt or retrieval. After this period has expired, the merchant shall have no recourse against Galaxus for any deficiencies in the import duty assessment.

5.4 With the export customs declaration of the returned products, no import tax refund is requested, but a refund of any import customs duties due to re-export is requested. If all conditions for the refund of import duties due to re-export of the ordered products are met, Galaxus will refund the merchant the import duties charged to him after receiving the corresponding amount from the Federal Office for Customs and Border Security.

5.5 Unless otherwise agreed, the declaration for free circulation shall be made at the time of import customs clearance and an application for recognition of returned goods shall be made at the same time. Any import taxes levied in connection with the declaration for free circulation, any customs duties and other charges shall be borne by the merchant and must be paid by him.

5.6 The details on returns are set out in the process flow for returns in Annex 1 under technical framework conditions. The merchant is obliged to comply with this.

5.7 In this context, the merchant warrants and represents to Galaxus that all information and details regarding the products returned by customers, which are directly or indirectly included in the customs export declaration in Switzerland and/or the customs import declaration in Germany as part of the customs declaration of the returned products, are complete and accurate. Otherwise, paragraph 22 of the Terms of Use shall apply. Failure to fulfil these obligations constitutes good cause within the meaning of paragraph 20.2 of the Terms of Use.

5.8 Galaxus and the processor shall have the right to check the information and data provided by the merchant and the customer on a random basis.

5.9 In connection with returns, the merchant shall consider the actions of Galaxus or the processor to be his own and shall indemnify Galaxus from any liability.

6 Fees

6.1 The merchant shall pay Galaxus a handling fee (hereinafter ‘handling fee’) for the processing of exports from Germany and imports into Switzerland or the Principality of Liechtenstein, customs clearance and transport to the customer. The handling fee covers the following services/costs: Receipt of the delivery at the address of the handler, export from Germany, import into Switzerland or the Principality of Liechtenstein, transport from the address of the handler to the customer, interim storage during transport. All other costs (in particular the delivery costs to the processor, all taxes, duties, fees etc. incurred in the merchant's country or elsewhere) shall be borne by the merchant. Should Galaxus be held liable by third parties or authorities in connection with these costs to be borne by the merchant, the merchant is obliged to indemnify Galaxus in full.

6.2 The merchant shall pay Galaxus a fixed compensation fee for the services in accordance with paragraph 4 of this Annex, which is owed regardless of whether guarantee or warranty claims actually arise and have to be processed (‘compensation fee’). With the payment of the compensation fee, the merchant also pays any purchase price credits advanced by Galaxus to the customer. The compensation fee shall be invoiced by Galaxus every six months, at the beginning of July and the beginning of January (‘invoicing period’).

6.3 In the event that the products are returned in accordance with paragraph 5 of this Annex, the merchant shall pay Galaxus an additional returns handling fee (hereinafter ‘returns handling fee’) for processing the export from Switzerland or the Principality of Liechtenstein and import to Germany, the transport and the receipt and inspection of the returned products. In particular, this return handling fee is owed in addition to the compensation fee.

6.4 The entitlement to the handling fee or the return handling fee shall arise for each parcel upon dispatch or transport, provided that Galaxus or the processor carries out the transport itself. The amount of the handling fee, compensation fee and return handling fee shall be agreed between Galaxus and the merchant. Any VAT owed will be added.

If it turns out at the end of the invoicing period that the purchase price credits to the customer are not covered by the compensation fee, Galaxus can claim the missing amount from the merchant.

6.5 Galaxus is entitled to adjust the handling fee and the return handling fee at any time with a notice period of 60 days.

The compensation fee can be adjusted at the end of an invoicing period with a notice period of 60 days.

6.6 The handling fee, the compensation fee and the return handling fee are owed in addition to the other fees in accordance with the Terms of Use.

7 Import/export controls and foreign trade law

7.1 The merchant authorises Galaxus and the processor to carry out import and export controls on his behalf until further notice.

7.2 The merchant is obliged to comply with the export controls laid down in the German Foreign Trade and Payments Act (AWG § 4). In particular, he undertakes to carry out a full inspection of goods, countries and recipients.

7.3 In the event of a foreign trade audit, the merchant shall grant the German customs authorities direct access to those parts of the accounting system in which the transactions cleared for export by customs are filed.

DE