General Terms and conditions
These General Terms and Conditions ('GTC') shall apply for all legal transactions, in particular transactions closed via the website wellnessproducts.ch ('Online Shop'), between you (the 'Buyer') and Toernell & Bluecher GmbH (the 'Seller').
1.1 Whenever used in these GTC with an initial capital letter, the terms quoted and defined in this Section 1, whether used in singular or the plural, shall have the meanings specified below.
'Agreement' Shall mean the contract of which these GTC form an integral part.
'Availability' Shall mean the fact that the Object of Purchase is available from the Seller under the conditions as originally agreed upon.
'Consumer' Is the role of the BUYER if he purchases products of ordinary use for his personal or family needs.
'GTC' Shall mean this document.
'Object of Purchase' Shall mean the product the Buyer purchases from the Seller.
'Online Shop' Shall mean the website wellnessproducts.ch as far as it serves the preparation, the conclusion and the execute of the Agreements.
'Supply Date' Shall mean the expected supply date provided in the Online Shop for the Object of Purchase.
2 OFFER TO SWITZERLAND
2.1 The offer in the Online Shop is exclusively directed to customers with domicile or residence in Switzerland. Shipment is made to Switzerland exclusively.
3 CONCLUSION OF CONTRACT
3.1 The product descriptions and illustrations depicted in the Online Shop are not considered as legally binding offers, but as requests to order.
3.2 The Buyer's order shall be deemed the offer. An order confirmation does not stand for a binding acceptance of the order, but shall only inform to the Buyer that the order has been received by the Seller.
3.3 The contract is closed as soon as the Object of Purchase is transferred to the transport company according to sec. 5.1.
4 OBJECT OF PURCHASE
4.1 The Seller sells the object(s) of purchase to the Buyer.
5 FULFILMENT AND RISK ASSUMPTION
5.1 To fulfil the contract the Object of Purchase has to be transferred to a transport company determined by the Seller.
5.2 The risk of accidental loss or degradation of the Object of Purchase shall be borne by the Buyer as of the time the Object of Purchase is transferred to the transport company.
6 SUPPLY DATE
6.1 The Seller places a high value on keeping Supply Dates and Availabilities provided in the Online Shop precise and up to date. However, delays may occur. All information with regard to Availabilities and Supply Dates is therefore without guarantee and may change at any time.
6.2 The Seller will not be liable for any loss incurred by the Buyer as a result of delays beyond the Supply Date quoted unless stated in this Agreement.
7 ACCEPTANCE OF THE OBJECT OF PURCHASE
7.1 The Buyer is obliged to take delivery of the Object of Purchase from the transport company pursuant to sec. 5.1.
7.2 If the Buyer does not accept the Object of Purchase, and the Object of Purchase is therefore returned, the Seller may either, within reasonable time, withdraw from the contract or insist on the payment of the purchase price. In the latter case Seller and Buyer will agree on a second delivery attempt.
7.3 The Buyer bears shipping charges for returns or further delivery attempts.
8 TRANSFER OF OWNERSHIP
8.1 The Object of Purchase shall remain the Seller's property until the complete satisfaction of all claims arising of this contract by the Buyer.
8.2 If the Buyer defaults with a payment of the price, the Seller shall be authorized to enter the retention of title in the relevant register at the cost of the Buyer.
9 PRICE AND PAYMENT
9.1 The Buyer is obliged to pay the purchase price, shipping costs and further charges displayed in the Online Shop at the time the order is placed.
9.2 The prices are incl. VAT, and, if applicable, the prepaid recycling fee.
9.3 Payments shall be made on account or by the payment methods provided in the Online Shop. The Seller reserves the right to request cash on delivery payment instead of payment on account. Additional fees may arise from the use of certain payment methods.
9.4 If the Buyer is in default, interest on arrears in the amount of 5% and, if applicable, additional damages may be charged. In addition, the Seller may withdraw from the contract at the Buyer's expenses and claim damages (positive or negative interest) or continue to demand payment.
9.5 With a second reminder administrative fees of CHF 5, with a third reminder 20 CHF may be charged.
9.6 The Seller may instruct third parties to recover debts or assign claims for purpose of collection.
10 CANCELLATION RIGHT
10.1 The Buyer may, at any time, cancel his order free of charge up to the shipping of the Object of Purchase according to sec. 3.3.
10.2 The Buyer may, without giving reasons, revoke the contract concluded according to sec. 3.3 within thirty days from the day when he or a third party, other than the transport company, has acquired the material possession of the Object of Purchase (or the last Object of Purchase, partial shipment or piece in the case of an Agreement on a common order or delivery of an Object of Purchase in several partial shipments or pieces).
10.3 To exercise the cancellation right the Buyer shall inform the Seller (Toernell & Bluecher GmbH, Langäulistrasse 9, 9470 Buchs SG, Switzerland; firstname.lastname@example.org) in written or by e-mail of his decision to cancel the contract.
10.4 The timely dispatch of the cancellation notice in combination with the return of the Object of Purchase according to sec. 10.5 below shall be deemed sufficient for compliance with the revocation term.
10.5 The Buyer is obliged to return the Object of Purchase without delay and in any event within fourteen days from the day when he informed the Seller of the cancellation of the Agreement. The Buyer bears the costs of returning the Object of Purchase.
10.6 In case of a timely cancellation of the Agreement the Seller will refund the payments it has received from the Buyer, as well as the costs of the most inexpensive standard shipping method which was offered at the time of the order.
10.7 The Buyer shall be liable for any diminished value of the Object of Purchase resulting from handling other than what is necessary to ascertain the nature and functioning of the Object of Purchase.
10.8 No cancellation right is given in case of goods made to the Buyer's specifications or of goods which are not suitable for return for health or hygiene reasons where the seal has been broken after delivery.
10.9 Returns which cannot be assigned to a Buyer will be stored for three months and then be disposed of or used for any benefit wanted. Damage or refund claims are excluded.
11 BUYER'S OBLIGATION TO EXAMINE AND INSPECT
11.1 When receiving the delivery the Buyer examines and inspects packaging and content for any apparent damage. In case of such damages the Buyer declines the acceptance and complains the damages to the transport company against a damage confirmation report. The report shall be forwarded to the Seller without delay.
11.2 The Buyer inspects delivered Objects of Purchase without delay for completeness and operability.
11.3 The Buyer shall inform the Seller of defects or other non-conformities immediately, and at the latest within five days after reception of the Object of Purchase, in written or by e-mail; hidden defects shall be reported at the latest five days after being found.
11.4 In case of a defect the Buyer may not put the Object of Purchase into operation but has to preserve it in the original packaging until being contacted by the Seller for the purpose of return. Directions of the Seller (e.g. with regard to the labelling of the returned Object of Purchase for return) are binding.
12.1 In case the Seller delivered non-conforming goods, the Buyer may only request from the Seller to bring the goods free of charge into conformity with the contract by, at the Seller's choice, rework or replacement by a good of at least the same value.
12.2 The Buyer may hereto impose the Seller an adequate deadline of at least 30 days. In case the Seller does not correct the non-conformities within this deadline and an adequate extension of at least 30 days, the Seller may request a reduction of the purchase price, or in case the balance of the goods cannot reasonably be expected, withdraw from the contract.
12.3 Wearing parts, e.g. batteries, are not covered by the guarantee.
12.4 Guarantee and warranty claims shall lapse two years from handover to the transport company. In case of a separate declaration in the Online Shop longer periods may apply.
13 LIMITATION OF LIABILITY
13.1 Subject to sec. 12 and to mandatory law the Seller's liability for non-conformities of the Object of Purchase is excluded; the Seller is only liable for wilful misconduct and gross negligence. The same shall apply for damages due to acts and omissions of the Seller's auxiliary persons. Express warranties or fraudulent concealment of defects are reserved.
13.2 Other damage claims of the Buyer, in particular for consultancy, are excluded to the extent permitted by the law; the Seller is only liable for wilful misconduct and gross negligence. The same applies for damages due to acts and omissions of the Seller's auxiliary persons.
13.3 This sec. 13 shall not affect liability for death and injury as long as the Buyer is a Consumer.
14 DATA PRIVACY
14.1 The provisions of the separate privacy statement are applicable.
15 SUPPLEMENTARY SERVICES
15.1 According to legal requirements the Seller gives advice with regard the products offered for sale in the Online Shop. Advice beyond the legal requirements is given on a purely voluntary basis without any obligation of the Seller.
15.2 The Seller will take back free products which have been bought from the Seller, which are part of the Seller's sales range or have been announced when a new order is placed of charge for environment-friendly disposal. Such products have to be sent or delivered to the Seller at the Buyer's expense.
16 GENERAL PROVISIONS
16.1 The version of the GTC effective at the time of the conclusion of the Agreement shall apply.
16.2 Neither Party shall be liable for any failure or delay in the performance of its obligations under the Agreement if such failure or delay is due to a force majeure event, such as without limitation, acts of God, fire, flood, natural catastrophe, power surges, acts of any government or of any civil or military authority, national emergencies, riots, vandalism, terrorism, war, insurrection, strikes, or any occurrence beyond the reasonable control of such Party.
16.3 Any general terms and conditions of the Buyer are explicitly excluded.
16.4 The Agreement may only be amended in writing signed by authorized representatives of the Parties.
16.5 If any provision of the Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired as long as the intent of the parties can be preserved. In such cases, both parties undertake to replace the invalid, illegal or unenforceable provision with another valid, legal and enforceable regulation. The same principle applies to open terms or omissions.
16.6 The Agreement is governed by Swiss law, without regard to the conflict of laws provisions. The United Nations' Convention on International Sales of Goods of 11 April 1980 (SR 0.221.211.1) does not apply.
16.7 Disputes arising under, or in connection with, the Agreement shall be exclusively subject to the jurisdiction of the competent court of Zurich, Switzerland. In case the Buyer is a Consumer the legal venue shall apply.
Published on 30.04.2016