GTC
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Liabilityäfor Defects
- Applicable Law, Place of Jurisdiction
1) Scope
1.1 Theseäterms and conditions of Washo AG (hereinafter referred to as "the Sellerä") apply toüalläcontracts that a consumer or entrepreneur (hereinafter "referred to as the Customer")ääconcludes with the Sellerä with regard to the ägoods and/or services presented by the Selleräin its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GeneraläTerms and Conditions is any naturalüperson whoäenters into aälegal transaction for a purpose thatääcannot be attributed to their commercial oräindependent professional activityä. An entrepreneur within the meaning of these GeneraläTerms and Conditions is any naturalü or legal person or a äpartnership with legal capacity who, when concluding aä legal transaction, äüääacts inüthe exercise of theiräindependent professional or commercialä activity.
2) Conclusion of contract
2.1 ä The product descriptions contained in the seller's online shop ädo not constitute binding offers on the part of the sellerä, but serve to enable the customer to submit a binding offer.
2.2 The customer can ü äsubmit the offerüusing theäonline order form integrated into the äseller's online shopä. After entering their personalö data, the customer submits öa legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process.
2.3 Theäseller canüaccept the customer's offer within fiveü days
- by sending the customer a written orderäconfirmation or an orderäconfirmation in text form (fax or email)ü , whereby the receipt of the äorder confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first.äIf the seller doesä not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer äis no longeräbound by their declaration ofäintent.
2.4 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifthüday following the sending of the offer.
2.5 When an offer is submittedüvia the seller's online order form, üäthe text of the contract isä stored by äthe selleräand sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order, together with these General Terms and Conditions. However, once the customer has submitted their orderüä, the contract text can no longerüäbe accessed via theäseller's websiteä.
2.6 Before submitting a binding orderüvia theäseller's online order formä , the customer can continuously üü correct their entries üusing theüusual keyboard and mouse functions. Inüaddition, all entries areädisplayed again in a confirmationäwindow before the binding submission of the orderäand caö n also übe corrected there using theüusual keyboard and mouse functions.
2.7 ü The German language is available fo ür the conclusion of the contractü.
2.8 Order processing and contact are carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so thatäemails sent byäthe selleräca ön be received at this addressä ö. In particular, when using spam filters, the customer must ensure that alläemails sent byäthe selleräor third parties commissioned by the seller to process the orderöcan be deliveredö.
3) Right of withdrawal
Consumers are generallyäentitled to a right of withdrawal.äFurther information on the right of withdrawal can be found in the seller's withdrawal policyä.
4) Prices and terms of payment
4.1 The prices quoted by the seller äinclude statutory value added tax and other price components. Anyäadditional delivery and shipping costs are indicated separately in the respective product description.
4.2 The customer has various paymentö options available ü, whichäare specified in theäseller's online shopä.
4.3 If advance payment has been agreed, payment is ä due immediately after conclusion of the contractä.
4.4 If the payment method "purchase on account üvia powerpay" is selectedü, the entire purchase price is generallyä„payable to MF Group AG, Kornhausstrasse 25, 9001 St. Gallen, Switzerland (hereinafter„"MF Group") upon receipt of the invoice,äbut no lateräthan the payment deadline printed on the invoice„. This payment method is only available to customers residing in Switzerland or Liechtensteinü. If the entire purchase amount is paid on time, MF Group waives the annual interest andü administration fees. It is also öpossible to pay minimumäamounts. Ifäa minimum amount specified on the invoice isäpaid for amountsäup to CHF 499.99, annual interest andüadministration fees will beücharged. For äamounts üover CHF 499.99ö , it is öpossible to pay the entire purchase price in a maximum of three consecutive monthly installments, which do notühaveüto be of equal sizeü. The minimum amount to be paid per installment is noted on the invoice. If you take advantage of this installmentöoption,öannual interest andü administration fees will be ücharged. The powerpay invoice payment method requires a successfuläü credit check ü. The customer can only make payments to MF Group with debt-discharging effect.äEven if the powerpay invoice payment method is selected, the sellerä remains äresponsible foü r general customer inquiries. ääüz.B.regarding goods, delivery times, shipping, returns, complaints,ärevocation declarations äand returns, or credit notes. InÜall other respectsä , the General Terms and äConditions of MF Group applyä, which can be viewed atähttps://www.powerpay.ch/pdf/PP_AGB_Checkout_de.pdf, die and which the customer can access during the ordering process and which they„äconfirm by using the„"powerpay" payment method„ä. These GeneraläTerms and Conditions also contain aütable of fees and interest rates inüthe event of payment of minimumäamounts or partial payments.
5) Delivery and shipping
conditions
5.1 Goods areäregularly deliveredäby mail to the delivery address provided by the customer. Theädelivery address specified in theäseller's order processing isädecisive for the transaction.Notwithstanding this
äü, if PayPal is selected as the payment method
äü, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
5.2 If the transport companyäreturns the shipped goods to the selleräübecause delivery to the customeröwas not possibleö,äthe customer shalläbear the costs ofüthe unsuccessful shipment.
5.3 In principle, äthe risk ofäaccidental loss andäaccidental deterioration of the goods sold shall passääÜüto the customer when the goods are dispatched orÜhandedÜover to the designated transport personü.
5.4 For logistical reasonsüö, it isünot possible to collect the goods yourselfüö.
6)äLiability for defects
Statutoryäliability for defects appliesä.
7) Applicable law, place of jurisdiction
7.1If the customer is acting as a consumer,üäSwiss law shall apply toüallälegal relationships between the parties, excluding the UN Conventionüon Contracts for the International Sale of Goods, and the exclusive place of jurisdiction foür all disputes arising from this contract shall beüthe customer's place of residence.
7.2 If the customer is acting as an entrepreneur, the exclusive place of jurisdiction foür all disputes arising from this contract isütheäseller's place of residence oräbusinessä.
