Conditions
Terms and Conditions
1. General
The general terms and conditions regulate the relationships between Kälin Concepts and customers. They are part of a contract concluded between Kälin Concepts and the customer. Kälin Concepts hereby excludes the adoption of any general terms and conditions of the customer. Changes or ancillary agreements to these terms and conditions must be in writing to be valid and must be confirmed by Kälin Concepts with a legally valid signature.
Kälin Concepts reserves the right to change the terms and conditions. The version valid at the time of the order applies.
2. Conclusion of contract
The offers made by Kälin Concepts to the customer (including information in the web shop, etc.) are non-binding invitations to submit an offer. A contract between Kälin Concepts and the customer is only concluded when the customer requests an order and Kälin Concepts accepts it. Kälin Concepts accepts the application by confirming it in writing (including email) or by delivering the goods to the customer within 20 working days. The acceptance of the application must be distinguished from the confirmation of receipt of the order in the context of electronic business transactions.
Orders with prepayment are only accepted by Kälin Concepts if payment has been received in full within the deadline defined in the invoice and the application has been confirmed in writing (including email) by Kälin Concepts.
Commitments regarding the availability of products are not binding and can be changed subsequently by Kälin Concepts.
Kälin Concepts reserves the right to make design changes.
3. Prices
All prices are in Swiss Francs including VAT. Fees, duties (including customs) and costs for transport, packaging and insurance are not included and are to be borne by the customer.
The price in the online shop at the time of the order is decisive. If, after the conclusion of the contract and to the detriment of Kälin Concepts, there are changes due to currency fluctuations, increases in fiscal or customs duties, etc., Kälin Concepts is entitled to adjust the prices accordingly.
4. Terms of payment
Payment must be made within 30 days of receipt of the invoice. The customer's right to offset is hereby excluded.
All deliveries are only made against prepayment. If the customer does not perform within the specified period, Kälin Concepts can withdraw from the contract immediately.
5. Credit Card Payments
Credit card payments can be processed abroad. Any resulting fees (e.g. foreign currency fees, etc.) are to be borne by the customer.
6. Delivery
The specified and agreed delivery times are only guidelines and are not binding.
Kälin Concepts reserves the right to make partial deliveries.
Unforeseeable operational disruptions, delivery deadlines exceeded or delivery failures by suppliers of Kälin Concepts, lack of manpower, energy or raw materials, strikes, lockouts, difficulties in obtaining means of transport, traffic disruptions, official orders and other similar cases as well as all cases of force majeure for the duration of the disruption and in the Scope of their effect Kälin Concepts from the obligation to deliver.
If it is foreseeable that the delivery will be impossible or delayed by more than 3 months due to one of the incidents mentioned, Kälin Concepts reserves the right to cancel the contract in whole or in part. In this case, the customer can claim back payments that have already been made against the return of deliveries that have already been made. The assertion of claims for damages by the customer due to delivery delays is hereby expressly excluded.
7. Cancellation
Kälin Concepts can cancel an order at any time and without giving reasons.
If an order is canceled, Kälin Concepts reserves the right to transfer all cancellation costs to the customer.
8. Transfer of risk
The risk is transferred to the customer when the delivery is handed over to the shipping service provider.
Kälin Concepts assumes no liability for transport damage or loss of the delivery in transit.
9. Notification of defects & complaints
Complaints about defects, incompleteness or incorrectness of the delivery are to be reported to Kälin Concepts in writing within 5 days of receipt of the delivery, insofar as they can be ascertained through a reasonable examination of the delivered items. If the customer fails to check the delivered items within 5 days of receipt or to make a written notice of defects, the delivery is deemed to have been approved.
If, after the 5-day period has expired, defects in the delivered items emerge which the customer could not determine through a reasonable examination of the delivered items (so-called hidden defects), the customer must notify Kälin Concepts in writing within 5 days of their discovery . Otherwise, the delivered items are also deemed to have been approved with regard to these defects.
The warranty period for defects is 1 year from receipt of the delivery.
Kälin Concepts is only liable for defects within the scope of the following warranty provision. Further claims by the customer, in particular claims for damages of all kinds, are excluded to the extent permitted by law, even if a notice of defects is given in good time.
10. Warranty & liability
The customer must expressly assert warranty claims as such. During the 1-year warranty period from receipt of the delivery, Kälin Concepts only offers a guarantee for defects that can be proven to have arisen as a result of faulty material, as a result of construction errors or poor workmanship. The warranty does not cover parts that are subject to natural wear and tear, damage as a result of insufficient maintenance, non-compliance with operating regulations and force majeure. The fraying of material, the opening of seams and the delamination of fabrics are also explicitly excluded. The warranty claims expire if the customer or a third party carries out changes or repairs without the written consent of Kälin Concepts.
If a warranty claim is justified, Kälin Concepts will, at its own discretion, repair or replace the defective items. The customer bears the costs for the return transport of the defective items to Kälin Concepts. Replaced parts become the property of Kälin Concepts.
As far as the law allows, any further liability on the part of Kälin Concepts is excluded, in particular for damage that is directly or indirectly caused by the delivered items themselves, their use or their defects.
11. Exclusion of further liability by Kälin Concepts
All claims of the customer, regardless of the legal basis, are conclusively regulated in these provisions. In particular, all claims by the customer for damages, price reduction, cancellation of the contract (including errors) or withdrawal from the contract that are not expressly mentioned are excluded. In no case shall the customer have any claims for compensation for damage that has not occurred to the delivery goods themselves, such as loss of orders, lost profit or other direct and indirect damage.
12. Severability clause
Should individual provisions of these terms and conditions prove to be wholly or partially invalid or ineffective, this shall not affect all other conditions. The invalid or ineffective provision is to be replaced by a provision that comes as close as possible to what was originally intended, also in economic terms.
13. Applicable Law and Jurisdiction
Only substantive Swiss law is applicable, with the exclusion of the CISG.
The exclusive place of jurisdiction for all disputes arising from or relating to the contract concluded between Kälin Concepts and the customer or its subsequent amendment, including its creation, validity, binding effect, violation or termination, is St. Peterzell, Switzerland.
However, Kälin Concepts reserves the right to sue the customer at his seat / place of residence.
Kälin Concepts
Baumgarten 10
CH-9127 St. Peterzell
Switzerland
UID: CHE-455.140.664 MWST
St. Peterzell, 26.11.2022