General terms and conditions
1 SUBJECT MATTER OF THE CONTRACT
These General Terms and Conditions of Business, Sale and Delivery ("GTC") govern the contractual relationship between the
MOYA KALA GMBH, Bahnhofstrasse 2, CH-6060 Sarnen (hereinafter referred to as the "Company") and the purchaser of goods and services of the Company. By using the services of the company, the customer accepts the following conditions unchanged and in full.
2 SCOPE OF APPLICATION AND VALIDITY
2.1 These GTC govern the rights and obligations in the relationship between the Company and its customers ("Customer" or "Buyer").
2.2 They shall apply to all business relations between the Company and the Customers, in particular to the purchase and delivery of goods and the provision of services, unless otherwise agreed in writing.
2.1 Terms and conditions of the Customer shall not apply. Unless they have been expressly accepted by the Company in writing and do not contradict the Company's GTC.
3 CONCLUSION OF CONTRACT / COMMUNICATION
3.1 The Customer's order shall constitute an offer to conclude a contract, which shall be accepted by the Company by shipping the ordered goods.
3.2 The Company reserves the right not to accept the order.
3.3 The Company generally informs and communicates by e-mail. The correct indication of a valid e-mail address is the responsibility of the Customer.
3.4 The prices of the goods and services are net in Swiss francs ex warehouse Sarnen.
3.5 Other costs such as payment fees, VAT and shipping costs will be charged in a separate item.
3.1 The prices of the products are calculated at the time of the order confirmation by the company.
4 DELIVERY CONDITIONS
4.1 Unless otherwise agreed, delivery of the goods shall be made from the Company's warehouse to the shipping address specified by the Buyer.
4.2 The delivery time in Switzerland is 7-10 working days, to the EU is 10-13 days and rest of the world 15 days unless otherwise specified. The Seller shall not be liable for any different delivery times of the shipping service provider.
4.3 In no case claims for damages for longer delivery times can be made against the company.
4.4 The delivery costs incurred will be displayed at "Checkout" before the order is placed and will be borne by the customer.
4.5 If the Customer is in default of payment from previous deliveries, the Company reserves the right to withhold or refuse deliveries until all debts have been settled.
4.6 If not all ordered products are in stock, the Company shall be entitled to make partial deliveries, provided this is reasonable for the Buyer.
4.7 The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of order, the Buyer shall receive a notification of the expected delivery date and the order shall be placed on hold by the Company. Once the goods are in stock, they will be shipped to the Buyer without further notice unless the order has been cancelled.
5.1 Received orders can be returned within 10 days after receipt to our shipping office
MOYA KALA, Bahnhofstrasse 2, 6060 Sarnen.
5.2 The customer is responsible for the costs/postage of the return.
5.3 In order for the return to be accepted, the following requirements must be met: The goods must be sent including the original packaging and original labels, without signs of use, undamaged and with the enclosed completed return form to the address stated under point 5.1.
6 TRANSFER OF RISK, TRANSPORT AND INSURANCE
6.1 The Company shall deliver exclusively to valid postal addresses in Switzerland.
6.2 If the Customer collects the goods from the Company's premises, benefit and risk shall pass to the Customer upon delivery of the goods.
6.3 If the Company ships the goods to the Customer, benefit and risk shall pass to the Customer upon handover of the goods by the carrier.
6.4 If the delivered products show obvious material or manufacturing defects, including transport damages, the Customer is obliged to complain about such defects to the Company in writing immediately after receipt, at the latest after 3 days.
6.5 Furthermore, the Customer is obliged to keep all packaging material until the case has been settled.
7 TERMS OF PAYMENT
7.1 In the online store, the available payment options are listed.
7.2 In principle, all claims are due immediately.
7.3 If the customer is in default of payment, the company is entitled to charge a reminder fee of CHF 20.- and interest on arrears of 5% from the first reminder.
8 RESERVATION OF OWNERSHIP
8.1 All goods ordered by the Customer shall remain the property of the Company until the purchase price has been paid in full.
8.2 The goods shall be kept in a resalable condition by the Customer until that time.
8.3 The Company is entitled to register the retention of title at the respective domicile of the Customer.
9.1 The Customer shall inspect the goods for completeness and report any obvious defects (see clause 6.5) to the Company immediately upon receipt, at the latest after 3 days. Otherwise, the delivery shall be deemed accepted by the Customer.
10.1 The private customer (consumer with the intention to order for private use) is entitled to warranty claims within the framework of the applicable law.
10.2 For commercial customers (consumers with the intention to order for commercial use) warranty claims are excluded.
10.3 The buyer is entitled to warranty claims of the manufacturer to the extent and within the scope granted by the manufacturer.
10.4 The delivery costs to the company shall be borne by the customer. The costs of returning the goods to the Customer shall be borne by the Company.
10.5 The defect shall be remedied at the Company's discretion by replacement of the product, repair of the defective part or credit note for the current value.
10.6 If it turns out during the inspection of the defective product that the defect was caused by the Customer himself, the Company may charge a handling fee and/or the Customer may have the product repaired with costs.
10.7 The Company shall not be liable for any direct or indirect damage caused by defects within the limits of the law.
10.8 The Company offers private customers (consumers with the intention to order for private use) an exchange by new replacement on products that show damages within the scope of the warranty claim within 30 days from the invoice date.
11.1 The Company shall be liable for direct damages resulting from intent and gross negligence as well as in accordance with the Product Liability Act. Liability for slight negligence as well as for indirect or consequential damages is expressly excluded. This limitation of liability shall also apply in favor of our vicarious agents.
11.3 In any case, liability is limited to a maximum of the purchase price of the scope of delivery, to the extent permitted by law.
12 REGISTRATION AS A CUSTOMER
12.1 The buyer has the possibility to register as a customer in the online store of the company free of charge. With the registration a permanent customer account is created. Future orders can be placed via this customer account without the Buyer having to provide information about himself each time. Registration is not a prerequisite for placing an order. There is no right to registration.
12.2 To register as a customer and create a customer account, the Buyer must provide, among other things, a currently valid e-mail address and password. The e-mail address serves as a user name and together with the password as login data. The e-mail address also serves for communication with the Buyer.
12.3 The Buyer warrants that the information provided during registration is accurate and complete. The use of pseudonyms is not permitted. The Buyer may not register more than once.
12.4 The Buyer is obliged to handle the registration data with care. Without exception, the Buyer is prohibited from disclosing the login data to third parties and/or allowing third parties to access the customer account by circumventing the login data. Should the Purchaser receive indications of misuse of his customer account by third parties, he shall inform the Company thereof without delay.
12.5 Insofar as personal details of the Buyer change, the Buyer shall be responsible for updating them himself. The Buyer can make changes online after logging in to his customer account.
12.6 The Buyer may have his registration deleted at any time by notifying the Company accordingly. Upon deletion, the customer account and all personal information of the Buyer linked to it shall be irrevocably removed. This applies insofar as there are no legal obligations to keep records or the information is still required for the processing of orders.
12.7 The Company shall be entitled at any time to discontinue the offer of a registration and a customer account via the Company's online store. In this case, the buyer will be informed immediately about the intended discontinuation and his customer account will be irrevocably deleted with all data.
13. final provisions
13.1 The Company reserves the right to change these GTC at any time. Amendments shall be made available on the Websites and shall enter into force upon their posting.
13.2 Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC shall not be affected thereby. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTC should contain a regulatory gap.
14 Applicable law and place of jurisdiction
These GTC and any disputes arising from or in connection with the relationship between the Company and the Customer shall be governed exclusively by Swiss law, excluding the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes between the Company and the Customer as well as is the registered office of the Company. The company is entitled to sue the customer at his domicile.