GTC
General Terms and Conditions of Visolva AG
1 Scope of application
The services of Visolva AG are provided exclusively on the basis of the following GTC in the version valid at the time of the order.
Our GTC apply exclusively. Any terms and conditions of the customer that deviate from our GTC shall not apply unless we expressly agree to them.
Deliveries are only possible within Switzerland and the European Economic Area (EEA). Should you require deliveries to another country, we will be happy to help you.
The contract is concluded exclusively in the following language: German.
2 Conclusion of contract
The presentation and advertising of items in our online shop does not constitute a binding offer to sell specific items. A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items. The statutory regulations apply to the time limit for your order.
You can order items in our online shops by clicking on the order button. If you have ordered via our online shop, we will immediately confirm receipt of your order by e-mail. Such confirmation does not constitute a binding acceptance of the order.
3 Prices, terms of payment
All prices quoted in our online shop are gross prices including statutory VAT plus any postage and shipping costs incurred.
The postage and shipping costs for deliveries within Switzerland and the European Economic Area (EEA) are stated in our prices in the online shop, but may vary depending on the promotion period or be borne by the provider. Please refer directly to the product page in the shop.
The payment modalities are regulated in the following consumer information.
We do not currently supply customers with a place of residence or business outside Switzerland or the European Economic Area (EEA).
You are not entitled to offset against our claims unless your counterclaims have been recognised by declaratory judgement or are undisputed. This restriction of the right to offset does not apply to offsetting against claims from us which originate from the same contract as the offsetting claim and which are in a reciprocal relationship with the latter (e.g. in the case of offsetting against a claim for damages due to defective or delayed delivery against the purchase price claim for this delivery).
4 Promotional vouchers
Promotional vouchers are issued as part of various promotions.
Promotional vouchers are generally tied to a period of time and a minimum purchase value of non-price-bound items. The minimum purchase value is the order value of the non-price-bound items after deduction of the promotional voucher, all returns and non-deliverable items. Postage and delivery costs do not count towards the minimum purchase value.
If the minimum purchase value is not reached, there is no entitlement to the promotional voucher. A previously redeemed promotional voucher subsequently loses its validity if, for example, the minimum purchase value is subsequently undercut due to a return.
The purchase contract remains valid even if the promotional voucher loses its validity. Any subsequent claim arising from the cancellation of the promotional voucher must be reimbursed within 14 days.
Promotional vouchers can only be redeemed directly at the time of ordering. Subsequent redemption is not possible.
Promotional vouchers are a voluntary service and can only be redeemed once per promotion period and household.
Promotional vouchers are not paid out. It is not possible to redeem a promotional voucher for a gift voucher.
Promotional vouchers cannot be combined with other discount/voucher campaigns.
5 Delivery
The delivery period is between four (4) and six (6) working days from the date of conclusion of the contract, unless otherwise agreed.
The delivered items remain our property until the purchase price has been paid in full.
If we are unable to deliver an ordered item after the conclusion of a purchase contract with you or are unable to deliver it on time, although we have concluded a corresponding purchase contract with a supplier prior to the conclusion of the contract, we are entitled to release ourselves from the obligation to deliver. In this case, we are obliged to inform you immediately of the unavailability of the item and to reimburse you immediately for any consideration paid.
6 Right of cancellation
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed primarily to their commercial or independent professional activity), you have the right to cancel the contract within one month. The cancellation period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
The costs of returning or collecting the goods shall in all cases be borne by the buyer.
We will collect goods that cannot be sent by parcel post from you. We organise this service via a third-party company.
You must return or hand over goods that can be sent by parcel post to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods that can be sent by parcel post before the period of fourteen days has expired.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7 Material defects and defects of title
In the event of any material defects or defects of title in delivered items, you shall be entitled to all existing rights in accordance with the statutory provisions without restriction, subject to the proviso that the limitations and exclusions provided for in 8 Liability shall apply to claims for damages or compensation for futile expenditure.
Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties can be found in the warranty conditions enclosed with the respective items supplied.
8 Liability
We shall be liable to you in all cases of contractual and non-contractual liability for damages or compensation for wasted expenditure in the event of intent and gross negligence in accordance with the statutory provisions. In other cases we shall be liable - unless otherwise stipulated in para. 2 - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 2.
Our liability for damages resulting from injury to life, body or health, for seller's warranties assumed and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
The above limitations and exclusions of liability also apply in favour of our legal representatives, employees and vicarious agents.
The above liability provisions shall also apply in cases in which you are entitled to compensation for damages or reimbursement of wasted expenditure due to material defects or defects of title of delivered items in accordance with the statutory provisions.