1. SCOPE OF APPLICATION AND CONTRACTUAL PARTNERS
1.1. For the business relationship between Wagma AG, Hauptstrasse 62, 4102 Binningen (hereinafter"Seller") and the customer (hereinafter"Customer") for transactions in the Online Store Switzerland (https://www.parinis.ch) (hereinafter"Online Store") The following general terms and conditions apply in the version valid at the time of the respective order (hereinafter"GTC").
1.2 Via links in the online store, the customer can call up the terms and conditions when ordering, save them on his computer and/or view them. It is the responsibility of the customer and is recommended by the seller to print out the terms and conditions (for example as a screen print or after marking the website text).
A consumer within the meaning of this provision is any natural person who concludes a contract for a purpose that is intended for their private and/or family, non-commercial needs.
1.4 Differing contractual conditions, including those which the customer declares to be applicable together with the acceptance of the contract, are only valid if and to the extent that they have been expressly accepted by the seller in writing.
1.5 The seller reserves the right to change these terms and conditions at any time.
If you have any questions, requests or complaints, the customer can contact the seller's customer service:
Telephone:+41 (0) 61 319 90 22 , email:firstname.lastname@example.org
3rdCONCLUSION OF CONTRACT
3.1 The online store is only an invitation to the customer to submit offers to conclude a purchase contract for the goods presented.
3.2 A binding order is only triggered when the customer has entered all the data required for the execution of the contract, has confirmed that he has read these general terms and conditions and has clicked on the"Order"button ("Order")Until clicking this button, the customer can initially select products from the seller's range without obligation and place them in the shopping cart using the “Add to shopping cart” buttonBefore submitting the order, the customer can enter and change the order data using the “Checkout” buttonSending the order is considered an offer by the customer to the seller to conclude a contract.
3.3 After placing the order, the customer receives an automatic order confirmation by e-mail, which reproduces the content of the customer's orderThis automatic order confirmation does not yet represent an acceptance of the offer, but merely documents that the order has been received by the seller.
3.4 The seller reserves the right to accept the order; The seller is not obliged to conclude a contract based on an order. In particular, an order can be canceled or refused if there is a violation of these General Terms and Conditions or if there is a corresponding suspicion. Such a case is e.g.before, if a customer has not paid for a previous order or a lack of credit card coverage was found on a previous order. A cancellation of the order and the rejection of future orders are also possible if the return rate for a customer is noticeably high and does not improve despite the relevant information. Furthermore, a cancellation of orders is also permissible if a customer suspects that he is a commercial buyer and the customer cannot refute this suspicion. A rejection of future orders is possible in this context if it has been found or should turn out to a customer that he is commercially reselling the ordered goods. The customer will be informed of cancellations and refusals by email.
3.5The contract is only concluded when the seller declares acceptance. The seller is entitled, but not obliged, to accept the customer's order within 7 days of receipt by the seller. The acceptance is declared by the fact that the seller sends the customer an order confirmation.
3.6 The above also applies if the customer has already paid the purchase price or instructed to pay due to the selected payment method. If the contract does not come about for any reason in this case, the seller will inform the customer of this after checking the order and reimburse the advance payment. If the contract is concluded for at least part of the goods ordered, this is communicated to the customer with the declaration of acceptance, ie. communicated to the email with the invoice and the order confirmation. In this constellation, the reimbursement is made to the extent of the non-deliverable goods.
3.7 If the order comprises several articles, the contract is only concluded for those articles that are expressly listed in the email with the invoice and order confirmation.
Registered customers can see the status of their orders in their personal customer area.
4thPRICES, SHIPPING AND DELIVERY
4.1 All prices stated in the online store include the applicable statutory value added tax. The seller informs the customer of the. Any shipping costs incurred as well as any additional costs, in the order form immediately before placing the order.
4.2 The seller reserves the right to change the prices for the items offered at any timeThe respective price at the time of the order applies.
Unless otherwise agreed, delivery will be made to the delivery address specified by the customerUnless otherwise stated, the delivery period for standard shipping is 4 to 5 working days from the e-mail with the invoice and order confirmation.
4.4 After the goods have been handed over to the transport company, the customer receives a dispatch confirmation from the respective transport company by email, which contains a tracking code that the customer can use to track the delivery.
4.5 After receiving the email with the invoice and order confirmation, the customer is obliged to accept the goodsChange requests and cancellation orders can no longer be taken into account orare only taken into account at the seller's discretion and on a voluntary basis.
4.6 In the case of delivery to the address given by the customer, visible differences in quantity must be reported to the transport company orhidden differences in quantity are reported to the seller in writing within five (5) days of receipt of the goods (see no2 customer service).
If a delivery does not arrive at the customer orIf the customer does not receive a message from the carrier within 2 days after the order confirmation, the customer must contact the seller's customer service immediately (see no2 previous).
5PRESENTATION OF GOODS, DELIVERY TIME, AVAILABILITY
5.1 Images of goods in advertising, brochures, in the online store, etc.serve only for illustration and are non-binding. The same applies to information about the individual goods, as these serve information.
5.2 All information in the online store on the availability and delivery time of goods is without guarantee.
5.3 If the seller cannot meet a delivery deadline for reasons for which he is not responsible (non-availability of the goods, e.g.B.due to force majeure), the seller will inform the customer immediately, if necessary stating the new expected delivery time. If the new delivery period is not acceptable to the customer or if the goods are partially or no longer available within the new delivery period, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; In this case, the seller will immediately reimburse the customer for any consideration already provided by the customer with regard to the unavailable goods.
5.4 The delivery takes place under the condition of the timely and proper self-delivery by the supplier. In the event of force majeure such as strikes and other industrial action, riot, war, natural disasters, or if the manufacturer or sub-supplier is blocked, there is no delay in delivery. The seller is not liable for delivery delays caused by manufacturers or third parties.
5.5 The goods are available while stocks lastIn exceptional cases, errors or corrections may occur, especially when several customers order the same goods at the same timeThe seller is not responsible for missing stocks or unavailability of goods.
5.6If not all the goods ordered are in stock, the seller is entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either partially or in total for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
6RIGHT OF WITHDRAWAL
Swiss legislation does not guarantee customers the right to change their minds and to return a product after an online purchaseThe operator of a web shop can grant this right, but is not obliged to do so. The seller does usually not grant a right of withdrawal. If the product is not as described however, the seller will refund the payment after the item has been returned.
7RESERVATION OF TITLE
Until the respective invoice amount of a delivery has been paid in full (final and unconditional credit of the total purchase price), the seller reserves ownership of the goods delivered in any case. For customers based in Switzerland, the seller is entitled to make a corresponding entry in the retention of title register.
The payment options specified there are available to the customer for orders in the online store.
The seller reserves the right to assign or pledge to third parties the purchase price claims that arise in connection with the delivery of goods, including any installments, interest on arrears and reminder fees.
10TRANSFER OF BENEFIT AND RISK
10.1 The seller's performance is an obligation to send and is fulfilled with the handover to the transport company. After dispatch, the risk of accidental deterioration and accidental loss of the goods passes to the customer. The seller is not responsible for any fault on the part of the transport company used.
A transfer of the transport costs agreed in individual cases by the seller has no influence on the transfer of risk.
11INVESTIGATION AND REPRESENTATION DUTY, WARRANTY
11.1 Customary or technically unavoidable, material-related deviations in quality, color, size, equipment or the design of the goods do not constitute defects.
11.2 The customer is obliged to check the delivered goods as soon as it is possible in the normal course of business and to notify the seller's customer service immediately if any defects are detected (see above No.2) to communicate. If the customer fails to do so, the goods are considered approved. The approval is deemed to have been given in any case, unless the customer notices a defect in writing (by email) to customer service within 8 days of delivery.
11.3 Defects that were not detectable during a proper inspection in accordance with the above paragraph should be reported to customer service (see above No.2) to notify us immediately after discovery, otherwise the ordered goods are deemed to have been approved, also with regard to these defects.
11.4 Before returning the goods, the customer must contact customer service (see no2 previous)This report can be made at the same time as the notification of defects (see no11.2 and 11.3 above) The customer service will inform the customer how to proceed. The defective goods may only be returned after this notification. The transport costs incurred for a possible return are at our expense. Goods returned by customers become the property of the seller again if the guarantee is made by means of a replacement delivery.
11.5 The seller warrants the rectification of defects. At the option of the seller, this is done either through subsequent performance, namely removal of a defect (subsequent improvement), or delivery of a defect-free item (replacement delivery)If neither a subsequent performance nor a replacement delivery is possible, the performance of the guarantee consists in the conversion.
11.6 If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded. This disclaimer also extends to all claims that compete with warranty rights, be they those arising from a contract (Art97 ffOR), offense (Art41 ffOR), contestation of the contract due to error (Art23 ffOR.) Etc.
11.7 The seller is not obliged to guarantee if the customer or a third party does not follow the operating or maintenance instructions for the goods, makes changes, replaces parts or uses consumables that do not correspond to the original specifications without the prior consent of the seller. The same applies to defects that can be traced back to improper use, storage and handling of the goods, unauthorized interference and opening of goods. A guarantee for normal wear and tear, for consumables, for accessories and for enclosed batteries/accumulators is excluded.
If goods are delivered with obvious transport damage, the customer must immediately report such errors to the transport company and immediately contact the seller. Failure to make a complaint or contact us has no consequences whatsoever for legal claims and their enforcement, in particular warranty rights (see, however, the obligation to notify defects in time in section11.2 and 11.3)The customer helps the seller, however, their own claims against the carrier or. To be able to claim transport insurance.
13.1 The seller's liability for slight negligence is excluded. Liability for auxiliary persons is completely excluded.
In particular, the seller is not liable for damage that can be traced back to one of the following causes:(i) improper, contrary to contract or illegal storage, adjustment or use of the goods, (ii) use of incompatible spare parts or accessories, (iii) neglected maintenance and/or improper modification or repair of the goods by the customer or a third party, (iv) force majeure, in particular elemental, moisture, fall and impact damage, etc., for which the seller is not responsible, and official orders.
The collection and processing of personal data about the customer by the seller is explained in the data protection declaration. This forms an integral part of the contract in these terms and conditions. The data protection declaration is available at https://www.parinis.ch/policies/privacy-policy .