These General Terms and Conditions (‘GTCs’) apply to all contracts concluded with Transa Backpacking AG (‘Transa’). In particular, they apply to all purchases and use of services by a customer (‘Customer’) and also apply to all contracts concluded online at www.transa.ch (‘Online shop’). All legal transactions are concluded with Transa, unless otherwise agreed. All deliveries, services and offers provided by Transa are based exclusively on these GTCs. The version published at the time of purchase shall apply.
In derogation of these GTCs, contracts concluded on secondhand.transa.ch shall be governed by the overarching General Terms and Conditions for the Second-Hand Shop.
The range of goods and services offered in the online shop is aimed exclusively at consumers who are resident in Switzerland or Liechtenstein and who are aged 18 or over. Consumers are persons who purchase goods or services for purposes that are unrelated to their commercial or professional activities. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. The contractual language is German.
The products in the latest updated version of the Transa catalogue, in current advertising, in the online shop or in Transa stores are sold exclusively in the respective versions, specifications and recommendations stated. Packaging units and minimum quantities must be complied with. Products are only sold in standard commercial quantities. We reserve the right to make technical changes in line with the latest technical developments as well as modifications in shape, colour and weight.
The services, in particular advisory services, that Transa offers in connection with the sale of its products are provided to the best of its knowledge and belief. The advisory staff required for these services shall be provided by Transa. The Customer is not entitled to stipulate advisory staff. Where provided free of charge, advisory services shall be rendered with no intent to create a legal obligation. Transa provides neither the Customer nor third parties with any guarantee regarding the quality and comprehensiveness of these advisory services. Should third parties make a claim against Transa by asserting that the quality and comprehensiveness of the advisory services provided by Transa to the Customer were inadequate, the Customer shall indemnify Transa against such claims.
For the purchase and ordering of goods and services from Transa, the prices in Swiss francs (CHF) at the time of purchase and ordering shall apply. The prices stated in the catalogue, the online shop and in the latest advertising refer to the time of publication. Prices are subject to change without notice. All prices quoted are inclusive of Swiss value added tax (VAT) and the advance recycling fee (‘vorgezogene Recyclinggebühr’, vRG), where applicable. The prices do not include any additional processing costs, any shipping costs (between Transa and the Customer) or other extra costs (follow-up costs). Transa reserves the right to charge any of these additional costs separately. This shall in all cases require the prior consent of the Customer after such additional costs are transparently indicated when the Customer selects the payment method. The shipping costs are to be paid by the Customer in addition to the value of the order. Further information on relevant applicable shipping costs can be found at www.transa.ch/en/order-delivery.
All payments are to be made in Swiss francs. In Transa stores, payment may also be made in euros at the prevailing daily exchange rate. Only banknotes are accepted. Change will always be paid out in Swiss francs, however. Payment can also be made in Transa stores using all major credit and debit cards. The payment methods available to you in the online shop are those indicated in the online shop. Transa reserves the right to request a prepayment or a deposit in individual cases.
Further information on the generally available payment options can be found at www.transa.ch/en/payment-options.
Gift cards can be purchased in Transa stores and in the online shop. These gift cards can be redeemed for purchases in all Transa stores and in the online shop. If the value of the gift card does not cover the purchase amount, the Customer can pay the remaining amount using one of the other payment methods accepted by Transa or made available to the Customer in the online shop. More than one gift card may be used for one payment. Gift cards cannot be used to purchase additional gift cards. The balance on the gift card can be obtained at the checkout of any Transa store or by telephone on +41 0848 0848 11. Remaining credit can be redeemed until the end of the fifth year after the date on which the gift card was purchased or, if desired, transferred to a new gift card. Credit balances cannot be paid out in cash or credited to a credit card.
Transa offers a free customer card (‘TransaCard’) to all customers aged 18 and over. Loyalty points (‘TransaPoints’) are credited to the Customer’s TransaCard account with each registered purchase. The current balance of TransaPoints is displayed on the Customer’s receipt or can be obtained at any time at a Transa in-store point of sale.
Purchase by invoice is only offered in the online shop (or for orders placed by phone for online shop items). Special orders or repairs cannot be paid for via invoice. For first-time orders, the billing and delivery addresses must always be identical. For orders paid by invoice, Transa reserves the right to check the Customer’s address and creditworthiness before delivering or to have these details verified and, if necessary, to request prepayment. Invoices are to be paid within ten days of the date stated on the invoice. If this ten-day payment period is not complied with, the Customer shall be deemed to be in default without the need for a reminder and Transa shall be entitled to charge default interest at the statutory rate in accordance with Article 104 of the Swiss Code of Obligations (Obligationsrecht (OR)), as well as reminder fees of up to CHF 20.00 per reminder. Transa reserves the right to claim further damages from the Customer for default on payment. If the Customer is in default of payment, Transa reserves the right to assign due claims to third parties, in particular debt collection companies. In this case, the Customer shall be obliged to pay the costs of the debt collection company.
Ownership of the purchased item shall remain with Transa until the purchase price has been paid in full. If the Customer defaults on paying the purchase price, the seller shall be entitled to have the retention of title entered in the retention of title register at the Customer’s expense. Pledging, transfer by way of security, processing or modification without the consent of Transa is not permitted prior to the transfer of ownership.
Settlement with counterclaims of the Customer that are not recognised or have not been legally established is excluded.
Transa shall grant Customers the right to exchange/return items in their original packaging. The Customer must notify Transa in writing by letter, fax or email of their exercising of the right to cancellation within the cancellation period to the following address: Transa Backpacking AG, Josefstrasse 53, 8005 Zurich, Switzerland info@transa.ch.
The Customer may exchange or return items purchased in a Transa store within 14 calendar days of the date of purchase by providing proof of purchase in a Transa store. Exchange of items by post is only possible for orders placed in the online shop. In this case, items must be returned to dreierfashion4you AG, Transa Online Retouren, Klärstrasse 10, 4617 Gunzgen, Switzerland or to another address specified by Transa immediately after cancellation and at the latest within 14 calendar days of exercising the right of cancellation. In such cases, the Customer must allow for a delay in processing the return. The Customer shall bear the costs and risk of the return shipment. The purchase price will usually be refunded using the payment method used by the Customer for the original transaction, at the price originally paid as indicated on the proof of purchase, including any shipping costs for standard delivery. Items that have already been used or worn, are incomplete (including accessories and operating instructions), soiled, damaged or not in resalable condition shall not be eligible for cancellation. Transa may still take back such items at its own discretion subject to reimbursement of a reduced purchase price. As a rule, items that have been hardly used and are still in mint condition will be accepted back against reimbursement of 80% of the purchase price, although Transa is under no obligation to do so.
Also excluded from the right of cancellation are:
Customised or made-to-measure items (in particular goods sold by the metre)
Special orders for items not included in the Transa range
Food products
Toiletries (e.g. toothpaste, sterilisation tablets and sun/insect repellents)
Items with a best-before date
Personal protection equipment (PPE) (in particular ropes, helmets, protectors)
Underwear (especially briefs, pants and swim trunks)
Newspapers, magazines, books, audio and video recordings
Software and electronic items whose original packaging has been opened
Transa gift cards
In order to provide services, advise the Customer and facilitate the sale of products, Transa may engage auxiliary persons and also, in the interests of the Customer, substitutes such as shoe and insole manufacturers.
Customers are required to inspect the delivered products at the earliest opportunity during normal business operations and to report without delay any identified defects to our store or our customer service department. If the Customer fails to do so, the products shall be deemed to be approved. Approval shall in any case be deemed granted should the Customer fail to lodge a complaint within eight days of purchase or delivery.
Defects that were not detectable through proper inspection in accordance with the section above must be reported to one of our stores or our customer service department immediately upon being detected: failure to do so will result in the products being deemed approved, even in the case of these defects.
The defective product must be returned to a store along with a copy of the invoice and a detailed description of the defect. Returns by post are only permitted for products purchased in the online shop. The return address is included with every delivery. Any shipping costs incurred shall be borne by the Customer.
Transa fulfils its warranty obligations by rectifying defects. This shall,at Transa’s discretion, be effected either through subsequent fulfilment, i.e. rectification of a defect (repair) or delivery of a defect-free item (replacement delivery). Products returned or sent back by the Customer shall revert to the ownership of Transa.
If the subsequent fulfilment fails, customers are entitled to withdraw from the contract. This does not apply in the case of minor defects. The right to a reduction in price is excluded. This exclusion of liability also extends to all claims that conflict with warranty rights, whether these arise from contractual rights (Art. 97 ff. Swiss Code of Obligations (Obligationsrecht (OR)), obligations in tort (Art. 41 ff. CO), contesting the contract due to error (Art. 23 ff. CO), etc. The manufacturer’s warranties shall remain unaffected.
The costs of shipping to the manufacturer from the Transa store shall be borne by Transa. Warranty replacements or items resulting from goodwill arrangements must always be collected by the Customer from the Transa store. Shipping costs for home deliveries expressly requested by the Customer shall be borne by the Customer.
Only cleaned items can be accepted for repair. Shipping costs to the manufacturer or to the repair shop from the Transa branch will be covered by Transa.
Transa does not provide any warranty for the repair of products. The customer is entitled to a defect-free repair service. If the repair is defective, Transa will, at its discretion, either redo the repair, grant a price reduction on the repair and maintenance service or, in the case of significant defects, terminate the service contract.
Repairs are to be collected by the customer from the Transa branch. Shipping costs for home deliveries expressly requested by the customer shall be at the customer's expense.
The contractual and non-contractual liability of Transa is limited to damages caused by wilful intent or gross negligence. Transa does not accept any liability for a reduction in visual or functional value in connection with a repair, provided that such a reduction is unavoidable. Transa shall not be liable for damage caused by auxiliary persons. If substitutes, such as shoe and insole manufacturers, are brought in, Transa shall be liable solely for due diligence in the selection and instruction of the same. Furthermore, Transa is not liable for indirect damages, in particular not for loss of profit.
The collection and processing of the Customer’s personal data by Transa is explained in the Privacy Policy. This forms an integral part of these GTCs. The Privacy Policy can be viewed at www.transa.ch/en/privacy-policy. By agreeing to these GTCs, the Customer also confirms that they have read and understood the Privacy Policy.
The Customer may register in the online shop free of charge and create a permanent customer account. The Customer can use a customer account to place orders without having to re-enter all their details each time. However, a customer account is required in order to be able to place an order via the online shop. Customers are not automatically entitled to register.
Please refer to the Privacy Policy for information on the handling of personal data. The Customer shall guarantee that the information provided in the customer account is always up to date, accurate and complete. The Customer can update the data in the customer account at any time. The Customer must choose their own username and personal password for the customer account in the online shop. The Customer shall undertake to treat both of these confidentially. Transa shall not be liable for any misuse of the customer account or any damages arising from such misuse.
The presentation of the products in the online shop does not constitute a legally binding offer: it is merely a non-binding online catalogue.
A binding order is only created once the Customer has entered all the data required to perform the contract, confirmed that they have read these GTC and clicked the ‘Buy’ button. Until this ‘Buy’ button is clicked, the Customer may first add products to the shopping basket with no obligation to purchase and may change the data provided at any time by using the editing tools provided and described in the order process. Sending the order is deemed as an offer submitted by the Customer to Transa to conclude a contract.
The Customer shall be notified that an order has been received by means of an automatically generated email sent by Transa to the email address provided by the Customer (confirmation of receipt). The confirmation of receipt does not constitute a binding acceptance of the offer by Transa: it merely confirms to the Customer that their order has been received. The confirmation of receipt does not mean that a purchase contract has been concluded.
The purchase contract is only concluded once Transa has indicated its acceptance of the order by confirming the dispatch of the goods to the Customer by email (confirmation email) or by delivering the goods to the address specified by the Customer.
In the event that not all ordered products are in stock, Transa shall be entitled to make partial deliveries and services where this is reasonable for the purchaser. Any deadlines shall only be deemed to commence upon receipt of the final partial delivery. Transa shall pay any costs incurred for separate shipping.
Shipping costs shall be added to the stated product prices depending on the order value. During the ordering process, Transa shall inform the buyer of the particular shipping costs incurred for the order in question. Purchasers can obtain more information on the shipping costs from the product and service listings and via the following link: www.transa.ch/en/ordering-and-delivery.
Wherever possible, our consignments are handed over personally at the Customer’s delivery address, but without verifying the identity of the recipient. If nobody can be located at the delivery address, consignments can also be placed in letterboxes if the size of the parcel makes this possible. Otherwise delivery shall be deemed not to have taken place. If the Customer does not take delivery of the goods, Transa may, at its own discretion, either withdraw from the contract after a period of two weeks and claim damages (positive or negative interest in fulfilment of the contract) or continue to demand delivery.
For delivery addresses that do not have an access road or where access is difficult, delivery shall be performed to the nearest point of access or railway station. If the Customer requests door-to-door delivery in this case, the additional costs of this shall be borne in full by the Customer. The Customer shall be responsible for obtaining any necessary authorisations, providing assistance equipment or on-site adaptations.
If Transa fails to receive deliveries from a supplier through no fault of its own, despite Transa having placed consistent orders with reliable suppliers, Transa shall be released from its own duty to perform and may withdraw from the contract. In this case, Transa shall inform the purchaser immediately of the non-availability and, should the contract be cancelled, reimburse any payments already made without delay.
The delivery times stated in the online shop or in our order confirmation are determined from the time the order is sent, provided that the contract has been concluded. Buyers can find more information on delivery times at: www.transa.ch/en/ordering-and-delivery.
If goods are delivered showing obvious damage incurred during shipping, the Customer must lodge a complaint about such defects with the deliverer as soon as possible and contact Transa immediately. Failure to lodge a complaint or contact Transa shall not affect the Customer’s statutory rights to assert claims, in particular warranty rights. However, the Customer shall assist Transa in asserting its own claims against the carrier or the transport insurance company.
Prize competitions, prize draws or other competitions (‘Competitions’) are organised by Transa independently or in collaboration with different cooperating partners. Transa or the respective cooperating partner shall be responsible for selecting the prizes. Only persons of legal age are eligible to participate. Participation is free of charge and is not contingent on any order or purchase. Placing an order does not increase the chances of winning. Employees of Transa, the respective cooperating partners or persons residing with them in the same household are excluded from taking part. The relevant terms and conditions of participation apply. If a competition is organised by a cooperating partner, their terms and conditions take precedence. Transa reserves the right to cancel or discontinue a competition without giving prior notice or stating reasons, in particular due to technical, organisational or legal reasons. Only one prize per participant is possible, unless explicitly stated otherwise. If several participants find the correct solution, the winner shall be decided by drawing lots. Winners are not entitled to cash payments. If the winner does not claim the prize within four weeks of being notified of winning, the claim shall be forfeited and no new winner will be chosen. Transa shall be released from all obligations upon delivery of the prize by Transa or the cooperating partner. Prizes awarded in the form of gift cards or TransaPoints shall, as a rule, be sent to the winner by post or credited to the customer’s account. If, for reasons beyond Transa’s control, payment is not made within three months of a prize notification being sent to winners, the prize shall be forfeited. Claims against Transa are excluded in that case. The claim to the prize cannot be assigned if there is a direct connection between the competition and the person taking part. In the event of a participant winning, the participant shall declare that any costs, expenses and other services that are not expressly included in the prize will be borne by them. Any travel prizes are generally handled by a tour operator. Once the winning trip is confirmed, the winner is subject to the organiser’s travel conditions. If the winner’s trip cannot be undertaken for reasons for which neither Transa nor the tour operator is responsible (e.g. lack of required visa), the claim to the prize shall be null and void.
Participants in competitions declare that they are the creator or owner of the photos or moving images submitted and that they have the consent of all persons who appear and can be recognised in the images. The participant transfers to Transa the unrestricted right to use such photos or moving images free of charge and without restrictions in terms of time and location. Transa shall only make changes to the photographs or moving images provided that such changes do not alter the original intended message or meaning. The winner will be selected by a jury commissioned by Transa. In addition, the Terms and Conditions of Participation for Competitions apply (see competitions).
Transa organises marquee exhibitions, test festivals, slide shows, trade fair appearances, information evenings, viewings, concerts, courses, workshops or other events (‘Events’) independently or in collaboration with various cooperating partners. The limitation of liability in accordance with Section 13 shall apply. Transa shall not be liable for damage to or loss of equipment or valuables belonging to participants, including those deposited in a cloakroom. Transa shall not be liable if events have to be changed or cancelled for reasons not attributable to Transa. No claim to reimbursement of any participation fee shall apply. The Terms and Conditions for Events in accordance with www.transa.ch/en/event-terms-and-conditions and, in special cases, their written amendments shall apply.
The participant transfers to Transa free of charge the unrestricted right to use photos, sound recordings or moving images, with no restrictions in terms of time and location. Transa shall only make changes to the photographs or moving images provided that such changes do not alter the original intended message or meaning. Should any participant not agree to this, they must notify Transa immediately, no later than at the end of the event, in order to ensure that the participant does not appear in Transa’s web and print products.
The use of hired items shall be undertaken at the participant’s own responsibility and risk. Transa, its partners and the manufacturers accept no liability for damage caused by the user or to third parties or objects. Theft insurance is the responsibility of the Customer. In the event of loss or theft of the hired items, the Customer shall be liable for any loss or damage incurred. The hiring and test terms and conditions apply in line with www.transa.ch/en/terms-and-conditions-of-rent.
Transa reserves the right to amend and/or supplement the GTCs at any time. The latest version can be accessed at any time at www.transa.ch/en/gtc.
If a provision of these General Terms and Conditions is or becomes ineffective, the effectiveness of the remaining provisions shall not be affected by this. Invalid or ineffective provisions are to be replaced by provisions of which the legal or economic meaning corresponds as closely as possible to the invalid or ineffective provisions. The same principle shall apply if these GTCs contain any loophole.
These GTCs and all legal relationships between customers and Transa shall be governed by substantive Swiss law excluding the Swiss Federal Act on Private International Law (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
The ordinary courts of law in the location of Transa’s head office shall have exclusive jurisdiction for all disputes arising from or in connection with these GTCs or other contractual relationships between customers and Transa. Statutory regulations of mandatory law shall remain reserved.
(With the TransaCard always free of charge)