§ 5 Delivery
Information about delivery deadlines is non-binding, unless the delivery date has been exceptionally agreed. Unless otherwise agreed, delivery shall be made ex warehouse to the address indicated by the customer.
The risk is transferred to the customer as soon as the delivery is handed over to him/her. Delivery is carried out by the domestic postal service. In case of delay in delivery our obligations shall be restricted to the free of charge acceptance of returned goods that were delivered late
In case of circumstances for which we are not responsible for (eg acts of god, strikes, non-delivery by our own suppliers) Kaya Lana shall be entitled to postpone delivery for the duration of the impediment or to withdraw from the order partially or in full. The customer will be informed accordingly
In case of non-delivery, FRIDA FUCHS shall immediately refund any (down-)payments that have already been made. Any further mutual damage claims due to late delivery or non-delivery shall be excluded.
The fulfillment of our delivery conditions is subject to the timely and orderly completion of the obligations of the customer. By accepting the terms and conditions of FRIDA FUCHS, the customer confirms that purchased goods shall not be used in an unlawful manner.
§ 6 Examination of Goods.
The customer shall inspect the delivery immediately upon receipt for its completeness. Should the merchandise be visibly damaged as a result of the delivery, the transport company on the premises should record this. Complaints about incomplete or incorrect delivery or apparent defects must be immediately made to FRIDA FUCHS (firstname.lastname@example.org).
§ 7 Guarantee against Defects
The settlement details and procedures regarding warranty/guarantee must be clarified with FRIDA FUCHS in advance. In particular, the customer is not entitled to return the goods to us with cost on our part without prior agreement.
If responsible for a defect of the goods, FRIDA FUCHS is entitled to elimination of defects or compensation delivery / replacement, If efforts at elimination of defects or compensation delivery / replacement fail twice, the customer may request cancellation of the contract. Damages attributable to improper utilization or natural wear shall be borne by the customer.
The confirmation e-mail together with the payment receipt serve as guarantee receipt. A more extensive guarantee shall be excluded. The warranty period shall also apply to claims for consequential damages provided that no claims from tort are asserted; for these, the statutory period of limitation shall apply.
§ 8 Total Liability
Any additional liability for damages other than as stated in § 7 is excluded. This shall also apply with regard to the personal liability for compensation for damage of our employees, staff members, representatives and vicarious agents.
§ 9 Retention of Ownership
We shall retain ownership of the goods delivered until the customer has completely satisfied the sales price for all the goods in any one order.
§ 10 Right of Revocation
The customer has the right of revocation within two weeks after delivery of the goods. The revocation must not contain a reason and can be done in writing and by returning of the goods within two weeks after delivery.
Please enclose the completed withdrawal form with the returned goods. You are then no longer bound by your order. In both cases the customer is obliged to return the goods; they must be in the condition they were received.
Returns are to be sent to our address (at the bottom of these Terms and Conditions) and with sufficient packing quality. This is best ensured by using packaging similar to ours. All returns are required to have adequate postage; freight collect returns will not be accepted. Risk of loss during shipping is borne by the customer. Please enclose a payment slip or indicate your bank or post office details for payment.
FRIDA FUCHS GmbH
§ 11 Final Provisions
12.1. Court of Arbitration, Applicable Law and Place of Jurisdiction
Should conflicts between the customer and Kaya Lana not be resolved consensually, the laws applicable to the customers place of residence in Switzerland shall be applicable.
12.2 Severability Clause
Should single provisions in this general terms and conditions be or become ineffective, the legal effectiveness of the other provisions is not affected. We reserve the right to amend these terms and conditions at any time. For each sale those Terms and Conditions shall be applicable as were valid at the time of purchase. In case of differences between the English and German versions of the Terms and Conditions, the German version will always apply.