1 Subject matter of the contract
These General Terms and Conditions of Business, Sale and Delivery govern the contractual relationship between the company
MOYA KALA GMBH, Bahnhofstrasse 2, CH-6060 Sarnen (hereinafter referred to as the Company) and the purchaser of goods and services of the Company.
2 Scope of application and validity
2.1 These GTC regulate the rights and obligations in the relationship between the company and its customers.
2.2 They shall apply to all business relations between the Company and the Customers, in particular to the delivery of products 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 in writing by the Company and are not in conflict with the GTC of the Company.
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. It is the Customer's responsibility to provide a valid e-mail address.
3.4 The prices of the products and services are net in Swiss francs ex warehouse Sarnen.
3.5 Incidental costs such as payment fees, VAT and shipping costs will be invoiced in a separate item.
3.1 The prices of the products are calculated at the time of the order confirmation by the company.
4 Terms of delivery
4.1 Unless otherwise agreed, the goods will be delivered from our warehouse, 6060 Sarnen to the shipping address specified by the buyer.
4.2 The delivery time is approximately 7 working days unless otherwise specified.
4.3 In no case claims for damages can be asserted against the company.
4.4 The delivery costs are displayed before the order at "Checkout".
4.5 If the Customer is in default of payment from previous deliveries, the Company reserves the right to withhold deliveries until all debts have been settled.
4.6 If not all ordered products are in stock, we are entitled to make partial deliveries as far as this is reasonable for the buyer. Any time limits shall only commence upon receipt of the last partial delivery.
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 the order, the Buyer shall receive notification of the expected delivery date and the order shall be earmarked by us. As soon as the goods are in stock, they will be shipped to the buyer without further notification, unless the order has been cancelled.
5.1 Orders received can be
returnedin their original packaging and unworn within 10 days of receipt to our shipping point
MOYA KALA, Bahnhofstrasse 2, 6060 Sarnen.
5.2 The customer is responsible for the costs/postage of the return.
5.3 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 returns form to the address stated under point 5.1.
6 Transfer of risk, transport and insurance
6.1 The company delivers exclusively to valid postal addresses in Switzerland, Germany and Austria.
6.2 Orders from private customers (consumers with the intention to order for private use) cannot be picked up and will only be shipped by parcel.
6.3 If the Customer collects the goods from the Company's premises, the benefit and risk shall pass to the Customer upon handover of the goods.
6.4 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 to the Customer.
6.5 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.
6.6 Furthermore, the customer is obliged to keep all packaging material until the case has been settled.
7 Terms of payment
7.1 The payment methods valid in Switzerland apply.
7.2 The payment options available are listed in the online store.
7.3 In principle, all claims are due immediately without deduction.
7.4 Invoices must always be paid in full. A set-off of the buyer against the company with undisputed, legally binding as well as with disputed but ready for decision claims is not excluded by this.
7.5 If the Customer is in default of payment, the Company shall be entitled to charge a reminder fee of CHF 20.00 as well as interest on arrears of 7% from the first reminder.
8 Retention of title
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 this time.
8.3 The Company shall be entitled to have the retention of title registered at the respective domicile of the Customer.
9.1The Customer shall inspect the goods for completeness and report any obvious defects (see clause 6.4) to the Company immediately upon receipt, at the latest after 3 days. Otherwise the delivery is considered as 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 for 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 at the Customer's expense.
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 Unlimited liability: We shall be liable without limitation for direct damage resulting from intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
11.2 In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
11.3 In any case, liability shall be limited to the price of the scope of delivery, to the extent permitted by law.
12 Registration as a customer
12.1 The Buyer has the option to register as a customer in our online store 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 Buyer receive indications that his customer account is being misused by third parties, he must inform us immediately.
12.5 If the Buyer's personal details change, the Buyer shall be responsible for updating them. 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 us accordingly. Upon deletion, the customer account and all personal information of the Buyer associated with 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 We are entitled at any time to discontinue the offer of a registration and a customer account via our 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.