General Terms and Conditions (AGB)
1. information
1.1 Product and price
Images of products in advertising, brochures, online store etc. are for illustrative purposes only and are non-binding. All sales prices published in the online store are final prices including VAT. CHF 9 will be charged for postage and packaging. Particularly heavy items over 30 kg or special products that exceed the dimensions of bulky goods and require delivery on pallets or by a forwarding agent will be shipped at your expense according to the results. Additional services subject to a charge, such as assembly, disposal, warranty extensions, etc., are listed separately on the invoice.
1.2 Availability and delivery time
Images of products in advertising, brochures, online store, etc. are for illustrative purposes only and are non-binding. All sales prices published in the online store are final prices including VAT. CHF 9.- will be charged for postage and packaging. From a purchase value of CHF 100, delivery is free of charge up to 30 kg. Particularly heavy items over 30 kg or special products that exceed the dimensions of bulky goods and require delivery on pallets or by a forwarding agent will be shipped at our cost price. Additional services subject to a charge, such as assembly, disposal, warranty extensions, etc., are listed separately on the invoice.
2. conclusion of contract
The products and prices in the online store are deemed to be an offer. However, this offer is always subject to the condition that the contract is dissolved if delivery is not possible or if the price is incorrect. The purchase contract for products and services is concluded as soon as the customer places their order in the online store, in the showroom, by telephone or e-mail (hereinafter referred to as the "purchase contract"). The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation sent to the e-mail address provided. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online store and that the contract has therefore been concluded, subject to availability and correct pricing.
3. delivery date
If Vivita AG or the dealer are in default of delivery, the customer (except in the case of special orders) shall be entitled to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In this case, Vivita AG shall refund to the customer any amounts already paid in advance. There are no further claims against the supplier or the retailer.
4. delivery / collection
Store articles are usually dispatched within 48 hours. Partial deliveries are permitted, whereby subsequent deliveries are made without additional postage costs. Pick-ups are indicated by a pick-up confirmation and are ready for the customer from this time. If the customer does not collect the ordered products from the showroom within 14 calendar days from the date of readiness for collection, Vivita AG may terminate (cancel) the contract.
5. obligation to inspect
The customer must check delivered or collected products immediately for correctness, completeness and delivery damage. In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill.
6. guarantee
The warranty services are provided by the manufacturer and relate to all product defects that are demonstrably attributable to material or manufacturing defects. The warranty period is generally 24 months after receipt of the goods.
7 Liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are completely excluded against Vivita AG and against Vivita AG's vicarious agents, except in cases of willful misconduct or gross negligence. Liability for indirect damages and consequential damages resulting from the use, defective performance or loss of performance are excluded.
8 Payment
8.1 Payment options
All claims for payment for products and services purchased via the online store shall be made by Vivita AG directly to the customer. Payments must be made in Swiss francs. Cash payment is only possible for products in the event of collection. Customers can use the payment methods offered in the online store under "Payment options". The payment method fees are also visible and are shown in detail during the ordering process. If payment is made by credit card or other instant payment methods, the charge is made when the order is placed. If payment is made in advance, delivery will not be made until payment has been received. In the case of a chargeable purchase on account, the customer is obliged to pay the invoice amount in full within 20 calendar days of receipt of the delivery.
8.2 Default of payment
Vivita AG reserves the right to suspend further deliveries of products in the event that the customer fails to meet its payment obligations in full or in part. An administrative fee of CHF 20 will be charged for a reminder.
8.3 Retention of title
Products remain the property of Vivita AG until full payment has been made.
9. right of return
We grant customers a 14-day right of return, excluding personalized products or special products ordered at the customer's request. Returns will be made after prior contact with customer service. The products must be new, complete and in their original packaging for a refund.
10. place of jurisdiction
Swiss law applies to all claims. The place of jurisdiction is 8953 Dietikon.