General Terms and Conditions of Simonini AG/ knoblauch.center
1. scope of application / general
The present General Terms and Conditions (hereinafter referred to as GTC) apply to all services provided by www.knoblauch.center. By placing an order, the customer expressly declares his agreement with these General Terms and Conditions, valid for all services of the online shop of Simonini AG, Hauptstrasse 49, 2563 Ipsach, Tel. +41 32 381 14 15, email@example.com, www.knoblauch.center, UID: CHE-142.573.905 (hereinafter referred to as Simonini AG).
Simonini AG may amend the GTC applicable to www.knoblauch.ch at any time. Such amendments shall take effect immediately upon their publication.
When placing an order, the customer accepts these General Terms and Conditions in full.
Simonini AG takes care to provide correct product information (e.g. size, weight, etc.). In any case, consumers are advised to consult the specific information on dietary restrictions (e.g. in the case of diabetes) on the product packaging prior to consumption.
If the customer is not satisfied with the products supplied, he/she can contact Simo-nini AG either by telephone at +41 32 381 14 15 or by e-mail at firstname.lastname@example.org
Any complaint must be made immediately upon receipt of the goods, i.e. on the day of delivery. Hidden defects must be reported immediately upon discovery. The amount paid for the defective goods will be credited to the customer.
Simonini AG reserves the right to demand proof of the defect before the order is credited.
Simonini AG reserves the right to limit the delivery quantities for certain products and not to carry out the delivery if the order is unusually heavy or voluminous.
3. conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to the customer to place a binding order (offer to conclude a contract).
By clicking the button [send order] the customer places a binding order for the products listed on the order page.
Immediately after receipt of the order, Simonini AG confirms receipt of the order by e-mail.
The purchase contract is only concluded when Simonini AG confirms the dispatch of the goods by e-mail (order or dispatch confirmation) or at the latest when the goods are delivered.
In the case of payment in advance, the purchase contract is concluded upon confirmation of receipt of the advance payment by Simonini AG.
4. right of return
Customers have the right to return the goods within 14 days of delivery. The right of return is exercised by returning the goods, provided that the products themselves are originally packaged or not opened or opened and undamaged, a reason is not necessary.
The exercise of the right of return leads to the conversion of the contract of sale into a return handling relationship, according to which the services received within the scope of the contract of sale must be refunded. The costs for the return shipment shall be borne by the consumer.
After receipt of the goods, a purchase price already paid will be credited to the customer.
After effective receipt and inspection of the goods, which must be faultless, the customer will be refunded a purchase price already paid.
We reserve the right to deduct the purchase price to be refunded or to refuse to reimburse it and to issue an additional invoice for possible damage, excessive wear and tear of the goods or, if agreed, costs of sending the goods.
Simonini AG may refuse repayment until it has received the goods back or until the Customer has provided proof that it has returned the goods, whichever is the earlier.
Sealed products or products with a first opening guarantee can only be returned unopened. The right of return is excluded for opened products.
5. prices and shipping costs
The prices quoted on the product page include statutory value-added tax and other price components and are quoted in Swiss francs (CHF). Price changes, errors and misprints are reserved.
The parcels will be shipped by Swiss Post.
Delivery costs vary depending on the weight of the goods and the shipping method (PostPac Economy/ Post-Pac Priority).
The prices and upper weight limit can be found in the selected shipping method.
6. terms of delivery
Delivery will only be made to delivery addresses within Switzerland.
Should the delivery of the goods fail through the fault of the customer despite two delivery attempts, Simonini AG may withdraw from the contract. Any payments made will be refunded.
7. terms of payment
Customers can choose between payment by invoice, credit card, PostFinance Card and PayPal.
If payment is made in advance, the invoice amount must be transferred to the Simonini AG account within 10 days.
Offsetting against counterclaims of the Customer that are not recognized or not legally binding is excluded.
The customer may only exercise a right of retention if the claims are based on the same contractual relationship.
8. credit assessment
Simonini AG reserves the right to make the delivery of the orders dependent on a credit check. By placing an order, the customer consents to obtaining credit information.
9. default of payment / reminder / collection
The purchase price is due for delivery on account within 10 days after delivery of the goods. If payment is not made within this period, the customer is in default.
In the event of default, Simonini AG will issue 3 written reminders to the customer. The following fees become due with the reminder of the claim:
1. payment reminder after 10 days of default 0 CHF
2. payment reminder after 25 days of delay 5 CHF
Last payment reminder after 40 days in arrears 10 CHF
If the outstanding amount is not paid even after the last reminder, the claim will be pursued.
In the case of a collection procedure, the payment method is definitely blocked per invoice.
10. retention of title
The goods shall remain the property of Simonini AG until full payment has been made. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Simonini AG.
Simonini AG warrants by remedying defects. This shall be done at its discretion by subsequent performance, i.e. rectification of a defect (subsequent improvement) or delivery of a defect-free item (replacement delivery).
If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to reduction is excluded.
12. image rights
All image rights are owned by Simonini AG or its contractual partners. Use without express permission is not permitted.
Simonini AG is liable for the delivered products and services within the scope of the legal regulations and the following restrictions. Liability for negligence, consequential damage, financial loss or indirect damage is excluded to the extent permitted by law. The same applies to breaches of contract by auxiliary persons and substitutes.
14. data protection
When processing customer data, Simonini AG undertakes to comply with the provisions of data protection law. Further information on the handling of customer data can be found in the separate data protection declaration of Simonini AG. This can be viewed at any time on the Si-monini AG website.
15. final provisions
Should any provision of these general terms and conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
16. applicable law/jurisdiction
In the event of legal disputes, the General Terms and Conditions in the German language shall apply.
The present General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are subject to Swiss law. The place of jurisdiction is the registered office of Simonini AG.