§ 1 Scope
The individual enterprise FRIDA FUCHS UG (haftungsbeschränkt) (hereinafter referred to as FRIDA FUCHS) sells to the customer (following named "customer") goods through the online shop under the terms and conditions as specified below. All agreements, which are concluded between the customer and FRIDA FUCHS concerning the sale of goods, are set out in these terms and conditions.
These sales terms apply exclusively to all sales; contrary or differing conditions of the customer shall not be recognized unless FRIDA FUCHS has previously expressly confirmed them.
§ 2 Purchase orders
The order placed by the customer shall be considered binding. FRIDA FUCHS is entitled to reject orders without stating a reason for that refusal. The confirmation e-mail provides further details on the options of the customer in such a case.
§ 3 Payment Terms and Pricing
All prices quoted in the shop are gross prices and do not include shipping costs. Dispatch and packaging will be charged extra. If an order is picked up, costs for dispatch will not be charged.
Before final placement of the order a detailed cost overview is displayed. After submitting the order an automated confirmation e-mail including all order details is sent to the e-mail address provided by the customer.
Payment by Invoice
Payment by invoice is possible for registered customers as of the second order. Kaya Lana reserves the right to refuse payment by invoice to individual customers The amount invoiced shall be due within 30 days of invoicing.
Payment shall be due immediately upon receipt of the confirmation e-mail. Any charges or fees shall be borne by the customer. If payment is not made in full within 14 days of the date of purchase, the sales contract is deemed to be invalid.
Payment by Paypal
The payment is finalized during the ordering process. Any charges and fees (also currency exchange fees) and currency differences to the Swiss franc shall be borne by the customer. If payment is not made in full within 14 days of the date of purchase, the sales contract is deemed to be invalid.
§ 4 Contract Termination
If the customer either fully or partially fails to comply with his obligations, all deliveries are suspended. All costs and risks of a recission of the sales contract are borne by the customer if he/she is at fault. We reserve the right for further compensation claims.
§ 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.