GENERAL TERMS AND CONDITIONS of the ONLINE SHOP „swiss pocket-party-grill“
1. General Issues
The terms and conditions as described herein apply to all legal transactions, both at present and in the future, with art´max k+d AG. These terms and conditions will also remain in effect when, in the course of a prolonged business relationship, specific reference is no longer made to this document and its contents. The General Terms and Conditions of the contractual partners/customers of art´max k+d AG do not apply, insofar that these are found to be in contradiction to those found in this document. Such variations in the conditions/rules of business are hereby expressly dissented.
2. Conclusion of a Contract
2.1 The offerings of the online shop in the Internet represent a non-binding appeal to the customer to place an order from the materials that are offered online. By placing an order for the materials offered in the Internet, the customer thereby submits a binding offer to close a purchase contract for said materials.
2.2 Durch die Bestellung der gewünschten Waren im Internet gibt der Kunde ein verbindliches Angebot auf Abschluss eines Kaufvertrages ab.
2.3 The online shop is entitled to confirm this offering by sending the contract by e-mail in a text file to the customer within a period of three (3) days. Should this three day period expire without the sending of a contract, then the offer stands as refused.
3. Delivery
3.1 All of the ordered materials will be delivered immediately, to the extent that they are available in stock. Delivery is made within Germany, as well as to all of the countries of the European Union.
3.2 Delivery will take place no later than 10 days following the receipt of the order confirmation by the customer.
3.3 In the event this delivery period is exceeded, the customer is obligated to grant art´max k+d AG a grace period of an additional 14 days in order for the company to fulfil is contractual delivery obligations. This grace period is not notification of contractual default, to the extent that art´max k+d AG is not responsible for the delay. This applies in particular in such instances where force majeure or other unforeseen circumstances prevented art´ max k+d AG from satisfying its delivery obligations.
3.4 Regardless of preceding regulations, art´max k+d AG is entitled to release itself of the contractual delivery obligations by cancelling the order, in the event the products/services are deemed to be unavailable, insofar that the customer is immediately informed that delivery cannot be made and any payments that may have been made are immediately refunded to the customer.
4. Costs for Packaging and Shipping
4.1 For deliveries within Germany, we will charge a flat fee for packaging and shipping of 3.50 EUR, regardless of the number of articles purchased or their weight. A flat fee will be charged for international deliveries: until 3 Expl. 10 EUR, from 4 Expl. 18 EUR.
5. Payment / Retention of Title
5.1 All of the published prices are end-prices (including customs and 19% import tariff).
5.2 The following methods of payment are available for deliveries within Germany:
By bank collection:
The charge will be made to your account 5 days following the conclusion of the contract.
By invoice (only business customers, organizations or official agencies):
The customer is obligated to pay the invoice within seven (7) following the receipt of the goods.
5.3 Payment for all international deliveries is due in advance.
5.4 All delivered products remain our property until such time that payment is received in full. In the event the agreed-upon payment terms are not adhered to, we reserve the right to charge reminder and handling fees.
6. Warranty
The following applies for customers who are themselves users of the products:
Defects in the products delivered by art´max k+d AG - to the extent that these are apparent and visible - are to be reported to art´max k+d AG immediately upon receipt of the products. Defects that are not readily apparent and visible are to be reported to art´max k+d AG within one year of the date of delivery. In the event defects are reported outside of these time limitations, the customer is then excluded from regress to art´max k+d AG � specifically concerning a claim for replacement.
The following applies for customers who are themselves resellers of the products:
The customer is obligated to inspect the product supplied by art´max k+d AG immediately upon delivery to determine if defects are apparent. The same applies for deviations from the contractually agreed-upon quantities and prices. Any defects and/or deviations that are thus found must be immediately reported in writing by the customer to art´max k+d AG - however no later than 10 days following delivery. Should the customer fail to make such a report, then the products in their current and concrete condition and the delivered quantities as stated in the delivery note and the invoice shall be deemed to be accepted and approved by the customer, unless the report refers to a defect or deviation in price or quantity, which, despite careful inspection by the customer, could not be detected. Hidden defects and/or deviations are to be reported to art´max k+d AG immediately upon their discovery - however no later than 10 days following delivery. After a period of one year - starting from the day of delivery - claims against defects can no longer be invoked. In the event of a report outside of these time limitations, the customer is then excluded from regress to art´max k+d AG - specifically concerning a claim for replacement.
7. Liability
The following applies for customers who are themselves users of the products:
The online shop assumes responsibility under the provisions of law in the event of malice or gross negligence.
The following applies for customers who are themselves resellers of the products:
The online shop assumes responsibility only under the provisions of the Product LiabilityAct for slight negligence, for loss of life, limb or health hazards and for the breach of substantial contractual obligations. Claims for damages are limited for the slightly negligent breach of substantive contractual obligations to damages that are typical for such contracts and foreseeable; insofar that liability is not claimed for life, limb or health hazards. The online shop assumes responsibility for the fault of auxiliary persons and representatives to the same degree.
The regulation in the preceding paragraph covers compensation for damages aside from the services provided, the compensation for damages in place of the services provided and the compensation for damages against uses to no avail, regardless of which legal basis, including liability against defects, delay and impracticality.
8. Data Security
The data transferred to us by you will be used exclusively for the handling of your order. All of your information will be handled in strict confidence. We will transfer your data to third-parties (for example; transportation companies) only to the extent which is required in order to carry out our contract with you. Order data is encrypted and transferred in a secure manner, however we can assume no responsibility for the security of the data while it is being transferred across the Internet (for example; in the event of a technical problem by the Internet service provider) or for the conceivable criminal accessing of the files in the Internet by third-parties. Access codes for customer log-in, which, in response to the specific request for such by the customer, are transferred via the Internet, are to be handled by the customer as strictly confidential, since we can assume no responsibility at all for the correct usage of such data.
9. Copyright
All of the depicted third-party logos, images and graphics that we use are the property of the respective company and are subject to the copyright conditions of the respective licenser. All of the photographs, texts, reports, scripts and program routines that are used on this website, regardless of whether they are our own development or prepared for us by others, may not be copied or used in any other way without our express, written permission. All rights reserved.
10. Miscellaneous
We cannot influence the decision of a supplier to remove a given article from his scope of supply. In such in instance, the product would then no longer be available for delivery of available in a different technical variation. In the event an alternative article is offered to us by one of our suppliers, we will then inform you of this. A claim for damages for an article which is no longer available cannot be invoked against us. We reserve the right to make price alterations to individual articles in our offering.
11. Links on our Website
We expressly distance ourselves from the content of all websites whose links are displayed in our Internet presence. This declaration applies to all of the links displayed in our Internet pages.
12. Validity of the General Terms and Conditions / Supplementary Agreements / Place of Fulfilment / Place of Jurisdiction
With the placement of an order, the General Terms and Conditions of the "online shop swiss pocket-party-grill" are recognized and accepted. Should any individual clause of these General Terms and Conditions be determined to be null and void, regardless of the reason, all remaining clauses shall remain unaffected by this and thus remain in effect. All oral agreements must forthwith be confirmed in writing. The place of fulfilment and the place of jurisdiction, unless otherwise established by law, is 6210 Sursee, Switzerland.
13. Choice of Law Clause
Swiss law will be exclusively used to regulate the contractual relationship between the customer and art´max k+d AG. This applies for all aspects of the legal relationship. Insofar that a lawsuit on the part of the customer is enacted against art´max k+d AG in a foreign country regarding the liability of art´max k+d AG and Swiss law is not applied, then, regarding the legal consequences, the type, extent and degree of liability will be in accordance with and subject to Swiss law.
The preceding clauses do not apply when and to the extent that in these contractually non-mandatory clauses in international agreements, which are used in the purchase agreements between the customer and art´max k+d AG, other conditions result that are in favour of the customer or if and to the extent that non-mandatory clauses used in the purchase contract in a member state of the European Union, to which the customer belongs, other conditions result that are in favour of the customer or the appropriate Swiss regulations.
swiss pocket-party-grill
art´max k+d AG
Centralstrasse 18
CH-6210 Sursee
Headquarters of the company: Sursee, Switzerland
CH-100.3.789.144-2
VAT No. 700 667
Distribution in the European Union and the United Kingdom:
swiss pocket-party-grill
Heidelsteinstrasse 6
36043 Fulda, Germany
mail@swiss-party-grill.com
swiss pocket-party-grill is a registered trademark throughout the European Union of the company art�max k+d AG.
Information regarding Cancellation of Contracts
Right to Revoke
You are legally entitled to revoke, in written or other permanently legible form (for example; fax or e-mail), the statement of your declaration of intent as formulated in a contract within a period of two weeks or to return the purchased products to the company art´max k+d AG, Centralstrasse 18, 6210 Sursee, Switzerland. This time period begins upon receipt of these instructions in written form.
Punctual sending of the revocation or the product itself suffices for the observation of the revocation period. The revocation notice is to be sent to:
art´max k+d AG
Centralstrasse 18
6210 Sursee, Switzerland
F: +41 41 460 48 04
E: kontakt@artmax-agentur.ch
Consequences of a Revocation
In the case of an effective revocation, goods and/or services that have been received by the parties are to be returned or refunded and usage fees (for example; interest) are to be charged. If the customer can either not return the goods and/or services at all, or only in a lesser condition, then the customer is obligated to supply compensation. This does not apply for the surrendering of goods if the lessening of the quality is wholly attributed to its initial examination, as would be the case if the product would have been purchased in a traditional store. Additionally, the customer can avoid the obligation of compensation for the worsening of the product that took place prior to the intended commencement of use of the product by not commencing to use the product and refraining from all actions that could possible reduce the value of the product. Products that can be shipped in a package are to be returned to us at our cost and responsibility. Products that cannot be returned in a package will be picked up at the premises of the customer. Obligations for the refunding of payments must be satisfied within a period of 30 days. This time period begins with the sending of the customer´s notice of revocation.
Special considerations:
none
End of the Instructions for Revocation
