AGB's

General Terms and Conditions - WÜHLBOX.CH

General Terms and Conditions

 

1. validity of the general terms and conditions and conclusion of contract

1.1

These General Terms and Conditions apply to sales contracts with private customers and companies concluded via the Wühlbox.ch website. By visiting and using our website, by placing an order on our website and/or by confirming by e-mail, post or telephone, you expressly declare that you have read and accept these GTC and the data protection declaration. By ticking the box at the end of the order process under "Check & Order", you confirm that you have read and accepted these GTC and the data protection declaration. You agree to be bound by these GTC and the data protection declaration and conclude a contract with WÜHLBOX.CH based in Burg. If you do not wish to accept these general terms and conditions and/or the data protection declaration, you may tick the box under "I have read the general terms and conditions and agree to them without restriction. "You may not place an order, visit or use the website or place an order via our website.

 

1.2

The order will be confirmed by the supplier by means of an automatic confirmation of receipt. This automatically sent e-mail is only for your information about the successful data transfer. It does not constitute a binding contract and does not yet constitute acceptance of your order. Acceptance (conclusion of contract) only takes place when the goods are sent by WÜHLBOX.CH.

  

2. prices and special offers

2.1

Unless otherwise agreed or indicated, prices are quoted in Swiss francs. 

The exchange rate is updated at regular intervals and displayed converted accordingly.

Payments via PayPal, TWINT or similar payment methods are automatically converted into Swiss francs by the respective provider at the current daily exchange rate of the respective provider. The fees of such payment methods/providers can be charged to the buyer, and in this case are shown as such in the shopping cart and included in the total amount.

2.2

The Seller reserves the right to change the prices at any time. The prices stated in the order confirmation sent by e-mail, letter or fax are authoritative. If these prices are higher than those at the time of the order, the latter shall apply. In the event of delays in delivery, the price on the order date shall apply.

2.3

Any conditions for promotions and discounts can be found in the relevant information.

3. terms of delivery

3.1

Shipment will be made at the prices and delivery times stated at the conclusion of the order to addresses in all countries which can be reached via the normal and customary postal routes. We reserve the right to refuse orders in countries with special import and delivery conditions.

3.2

Unless otherwise stated, delivery costs are generally borne by the buyer and are not included in the purchase price. The flat rate for shipping costs is always charged once per order and is shown in the shopping basket.

From a certain amount the shipping costs will be paid by the seller.

The shipping costs are always shown in the order process.

3.3

We can only deliver our products between Monday and Friday (except legal and public holidays). Once you have placed an order, you can no longer change the delivery address. If you wish to change the delivery address after submitting an order, please contact us as soon as possible using the contact form on our homepage www.Wühlbox.ch, or via our email address info@wuehlbox.ch.

3.4

The delivery period shall commence at the latest of the following dates:

a) Date of order confirmation

b) Date of fulfilment of all technical, commercial and other requirements incumbent on the purchaser;

c) the date on which the Seller receives a deposit or security to be paid prior to delivery of the goods.

Official approvals and any third party approvals required for the execution of installations shall be obtained by the Buyer. If such approvals are not obtained on time, the delivery period shall be extended accordingly.

If delivery on call has been agreed, the goods shall be deemed to have been called at the latest 1 year after the order was placed.

If unforeseeable circumstances or circumstances independent of the will of the parties occur, such as, for example, all cases of force majeure, which hinder compliance with the agreed delivery period, the delivery period shall be extended by the duration of these circumstances; these include in particular armed conflicts, official interventions and prohibitions, delay in transport and customs clearance, transport damage, shortage of energy and raw materials, labour disputes as well as the loss of an essential supplier who is difficult to replace. These aforementioned circumstances shall also entitle the customer to extend the delivery period if they occur at suppliers.

3.5

They may be obliged to pay additional delivery charges if:

You try to change the delivery address after the package has already been sent to you; and/or;

You fail to inform us of any special circumstances which are important for the delivery.

Even though we make every effort, we cannot guarantee anything and it is possible that we reserve the right, at our sole discretion, to withdraw from delivering the Product to a particular address within a building at the delivery address.

Benefit and risk shall pass to the customer upon dispatch of the goods. In the case of carriage paid delivery, the transfer of benefit and risk takes place with the delivery of the goods to the customer. You are responsible for their insurance and security.

  

4. right of revocation / money-back guarantee

4.1

Our offers are described in detail and transparently on the website. The customer can inform himself about them in detail and without time pressure.

4.2

Please note that we cannot take back or refund orders with a Swiss delivery address for goods that are not covered by any warranty. Customers from the EU have the right to return goods purchased online within 14 days for a full refund of the purchase price. Any reason is sufficient - even if you have simply changed your mind. Excluded from the 14-day cancellation period are, among other things:

Goods that are regularly delivered to you (e.g. regular deliveries on the basis of a corresponding purchase contract)

- Goods made to customer specifications or clearly personal (e.g. RC excavator with paint finish or technical adaptation to customer specifications)

- Sealed audio and video media (CDs, DVDs) or software programs for which you have opened the seal after receiving it

- Digital Online Content if you have begun to download or play it and you have agreed that you will lose your right of withdrawal with the beginning of the download or play Please note that this list is not exhaustive.

The "cooling-off period" ends 14 days after the date of receipt of the goods, in the case of service contracts 14 days after conclusion of the contract. If the cooling-off period does not expire on a working day, the period is extended until the following working day.

 

4.3

Withdrawal from the purchase contract

If you wish to withdraw from the purchase contract, you must inform us of this. It is not enough to simply return the goods.

You can also inform us and return the goods at the same time by enclosing a written declaration, sending an e-mail or completing an online form on our website.

After notifying us, you must return the unused goods within 14 days.

The cost of the return is 100% to be borne by the customer.

If the return is insufficiently franked, we reserve the right to refuse acceptance of the shipment, or to charge the additional costs incurred to the customer or deduct the credit.

 

5. warranty / guarantee

5.1

The buyer must inspect the delivered goods as quickly as possible and report any defects immediately. Secret defects can still be complained about even after commissioning or use of the goods. Payment shall not be deemed a waiver of notice of defects.

5.2

If there is a defect, the buyer has the choice to demand free repair or replacement by an equivalent article.

The right of the buyer to claim damages remains reserved in all cases.

5.3 Warranty

The warranty (guarantee) applies to all defects that occur during a two-year period, unless they are due to careless handling by the buyer.

Normal wear and tear are also excluded.

In the case of second-hand goods, this applies for a one-year period.

6. payment

6.1

Prepayment

You can select the option "Prepayment" on the order form and transfer the amount in CHF to our account after order confirmation. The order can be cancelled or deleted without receipt of payment within 10 working days without consultation of wuehlbox.ch.

Please transfer the amount listed in your order confirmation in the appropriate currency to our following account, stating your order number. Transfer fees must always be paid by the client.

Beneficiary: Wühlbox Soland Reiden

Bank: PostFinance AG, Mingerstrasse 20, 3030 Berne, Switzerland

IBAN: CH68 0900 0000 1536 4168 4

BIC:  POFICHBEXXX

After receipt of your payment the ordered goods will be shipped.

 

6.2

Purchase on account

We do not currently ship or deliver any goods against invoice.

6.3

Unless a deposit has been agreed with you for an order for one or more Products where you pay the difference in the purchase price of the Product(s) ordered at a later date (displayed on the Website or communicated to you by telephone when placing the order), you will be required to pay the full purchase price of the Product(s) ordered for all orders. Unless otherwise agreed, we will not ship the ordered product(s) until we have received payment in full. In the case of bank transfers, the costs must be borne in full by the sender.

6.4

Payments by debit or credit card and by PostFinance e-Payment: All payment transactions may be subject to validity checks and authorizations, either by your bank or by us (although we may appoint third parties to do so in accordance with our Privacy Policy). If your credit card provider does not make the payment or does not agree to the payment, we will not be liable for any delay or refusal to accept the order. Customer payments at www.Wühlbox.ch. The online shop is located in a protected area where the data is transmitted in encrypted form. WÜHLBOX.CH cannot assume any liability for the security of the transmission and the transmitted data.

6.5

If for any reason a payment is refused after we have dispatched our product(s), we have the right to request payment from you or to reclaim the product(s) in question from you. We may charge you fees for our costs incurred in recovering the Product(s) or insisting on further payments.

6.6

All ordered Products will remain our property and will not become your property until we have received the full purchase price for the Product.

 

7 Liability for Online Connections

7.1

The provider undertakes to ensure security in systems, programs, etc., which belong to him and over which he has influence, in accordance with the latest technical standards and to comply with the rules of data protection.

7.2

The customers must ensure the security of the systems, programs and data which are within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

7.3

The provider is not liable for defects and malfunctions for which he is not responsible, especially not for security defects and operational failures of third-party companies with whom he cooperates or on which he is dependent.

7.4

Furthermore, the provider is not liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive strain, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.) which occur despite the necessary current security measures.

 

8. your account and password

8.1

In order to access certain features of our website and/or to place an order, you will be asked to register with us and create an account. To do so, you will need the following: You will need to create a password, provide us with certain personal information, including your name and email address and any other details (such as your zip code) that we may need as part of the registration process. You must also agree that we may process your personal information in accordance with our Privacy Policy. If, as mentioned above, you do not agree to our terms and conditions or privacy policy, you should not use this website or create an account with us.

8.2

You are responsible for the security and reliability of the password and other credentials of your account. You assume full responsibility for all activities on your Account. If you have reason to believe that someone else knows your password and/or that your Account has been used, or is likely to be used, without your authorization, you should contact us immediately. We will not be liable for any loss or damage arising out of your failure to protect your password and/or account credentials.

8.3

You are responsible for the accuracy and completeness of the personal information you provide to us and warrant that such information is complete and accurate in all respects. You agree to notify us of any changes to such information and to access and update such information through your Account.

 

9th License

9.1

The entire content of the website is protected by copyright. All rights are owned by WÜHLBOX.CH or third parties. The elements on the website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with the express written permission of WÜHLBOX.CH. Reproduction, transfer, amendment, linking or use of the Wühlbox.ch website for public or commercial purposes is prohibited without the prior written consent of WÜHLBOX.CH.

9.2

The various names and logos appearing on the Wühlbox.ch website are generally registered and protected trademarks. No part of the Wühlbox.ch is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the Wühlbox.ch website or parts thereof, confers no rights whatsoever in respect of the software or elements of the Wühlbox.ch website. WÜHLBOX.ch reserves all rights in respect of all elements of the Wühlbox.ch website with the exception of rights belonging to third parties.

10. purpose of use of the goods - obligations of the customer - liability

10.1

If we have to make a delivery promise for certain products dependent on the intended use, the customer shall be liable for any disadvantages which arise for us from incorrect information. In the case of substances which may only be used within the framework of statutory or official regulations, the customer's order shall at the same time be deemed a declaration that these substances are to be used for a permitted purpose in the above sense.

 

11. application of law and place of jurisdiction

11.1

For private customers, the law of the country in which the seller has his habitual residence shall apply with regard to these General Terms and Conditions.

For business customers, Swiss law shall apply with regard to these GTC, in particular the provisions of the Swiss Code of Obligations.

11.2

For private customers from Switzerland the court at the domicile of the provider is responsible.

The court at the Provider's domicile shall have jurisdiction for actions brought by the Provider.

For business customers, the place of jurisdiction shall also be the registered office of the Provider.

  

 

Burg in June 2019