General terms and conditions of www.witschi-kissen.ch
- Scope of application
Should individual provisions included in these general terms and conditions prove to be ineffective or impracticable, or should they become ineffective or impracticable, the validity of the remaining provisions shall remain unaffected.
The owner of this website is Witschi-Kissen AG.
- Information on this website
Witschi-Kissen contains information about products and services. Witschi-Kissen reserves the right to make changes to prices and product range, as well as technical changes. All information on www.witschi-kissen.ch (product descriptions, illustrations, videos, dimensions, weights, technical specifications, accessory relations, and other information) are to be understood as approximate values only and, in particular, do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Witschi-Kissen makes every effort to provide all the data and information on this website in a correct, complete, up-to-date, and transparent way. However, Witschi-Kissen cannot guarantee this either explicitly or implicitly. All offers made on this website are to be regarded as subject to alteration and are not to be understood as binding offers.Witschi-Kissen cannot offer any guarantee that the products listed are available at the time of the order. For this reason, all information regarding availability and delivery time are without guarantee and subject to change at any time without notice.
The prices indicated on Witschi-Kissen include, unless otherwise stated, the statutory value added tax.Unless otherwise stated, any shipping costs are not included in the price and are to be paid by the customer. Shipping costs are indicated separately in the order process.
Witschi-Kissen reserves the right to make technical changes and cannot be held responsible for errors and misprints. In particular, Witschi-Kissen can make changes to the prices at any time and without prior notice. The sales prices do not include any consulting and support services.
- Conclusion of the contractThe offers on this website represent a non-binding invitation to the customer to order products and/or services from Witschi-Kissen. By placing an order on this website, including the acceptance of these general terms and conditions, the customer makes a legally binding offer to conclude a contract. Witschi-Kissen then immediately sends an automatic “order confirmation” by email, which confirms that the customer’s offer has been received by Witschi-Kissen. The orders placed are binding for the customer. Unless otherwise stated, there is no right to cancel or return an order. The contract is concluded as soon as Witschi-Kissen sends a declaration of acceptance by email, which confirms the dispatch of the ordered products or services.The orders will only be shipped after receipt of full payment (exception: payment on delivery) and only if the goods are available. If, after the conclusion of the contract, it becomes apparent that the ordered goods cannot be shipped or cannot be shipped in full, Witschi-Kissen has the right to withdraw from the entire contract or from part of it. If Witschi-Kissen has already received the payment from the customer, the payment will be refunded to the customer. If payment has not yet been made, the customer will be released from the obligation to pay. Witschi-Kissen is not obliged to make a replacement delivery in the event of a termination of the contract.
- Payment methods and reservation of ownership
The payment methods indicated in the order process are available for the customer.
Witschi-Kissen reserves the right to exclude customers from individual payment methods, or to request payment in advance, without giving reasons.
In case of delayed payment, Witschi-Kissen can charge default interest at a rate of 5% per year as well as a reminder fee of a maximum of CHF 20 per reminder. The products delivered to the customer remain the property of Witschi-Kissen until payment has been made in full.
- Delivery, obligation to check, notification of defects and return
Deliveries are sent by Swiss post to the address indicated by the customer in the order. Invoices are sent by email or by post. With the dispatch, benefit and risk are transferred to the customer, as far as this is legally permitted.
If the order cannot be delivered, or if the customer refuses to accept the delivery, Witschi-Kissen can terminate the contract after notifying a complaint to the customer by email and setting a reasonable deadline, and can charge the customer for the costs of the additional work involved.
The customer is obliged to check the delivered goods immediately after receipt of the shipment and to promptly notify Witschi-Kissen of any defects for which Witschi-Kissen provides a warranty. The notification has to be given in writing by letter or email to the address in the imprint. The return shipment of goods to Witschi-Kissen is at the risk and expense of the customer. The customer must send the goods in their original packaging, complete of all accessories, and together with the delivery slip and a detailed description of the defects to the return address indicated by Witschi-Kissen in the imprint. Should the examination of the goods by Witschi-Kissen fail to identify any defects, or should the defects not be covered by the manufacturer’s warranty, Witschi-Kissen can charge the customer for the additional work, the return shipment or, if applicable, the disposal of the goods.
Witschi-Kissen is committed to delivering goods of impeccable quality. In the case of timely notified defects, Witschi-Kissen will assume the warranty for the absence of defects and the functionality of the item purchased by the customer within the statutory warranty period of generally two years from the date of delivery.
It is at the discretion of Witschi-Kissen to honour the warranty by means of free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
Normal wear and tear and the consequences of incorrect handling or damage by the customer or third parties, as well as defects that are attributable to external circumstances, are not covered by the warranty. The warranty for consumable and wear parts is also excluded.
Witschi-Kissen is not able to give any assurances or guarantees for the up-to-dateness, completeness and correctness of the data or for the constant or undisturbed availability of the website, of its functionalities, of its integrated hyperlinks and other contents. In particular, Witschi-Kissen can neither assure nor guarantee that by using the website, no rights of third parties not owned by Witschi-Kissen will be infringed.
Witschi-Kissen excludes any liability, irrespective of its legal basis, as well as any damage claims against Witschi-Kissen and any auxiliary staff and agents. In particular, Witschi-Kissen is not liable for indirect damage and consequential damage caused by defects, loss of profit or other personal injuries, damage to property or pure financial losses of the customer. An additional, mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved. Witschi-Kissen only uses hyperlinks in order to simplify the customer’s access to third-party websites. Witschi-Kissen can neither know the contents of these websites in detail nor assume liability or other responsibility for the contents of these web pages.
- Data protection
Witschi-Kissen has the right to process and use the data obtained in the framework of the conclusion of the contract in order to fulfill the obligations arising from the contract of purchase, and may also use them for its own marketing purposes.
- Further regulations
Witschi-Kissen explicitly reserves the right to modify the present general terms and conditions at any time and to implement them without further notice.
In the event of a dispute, only the substantive law of Switzerland is applicable, excluding its conflict-of-law provisions. The UN Sales Law (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich, unless the law provides for mandatory places of jurisdiction.
Any questions regarding these general terms and conditions should be addressed to Witschi-Kissen AG, Ziegeleistrasse 15, 8426 Lufingen, 044 813 47 88.