General terms and conditions

1. scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") apply to orders placed and contracts concluded via the online store (hereinafter referred to as the "Online Shop") and contracts concluded. The online store is operated by Swiss Akamani GmbH (hereinafter referred to as "SwAk").

The online shop reserves the right to change the GTC's at any time. The version of the GTCs valid at the time of the order shall be authoritative in each case and cannot be changed unilaterally for this order. All verbal and telephone agreements must be confirmed in writing to be binding.

2. offer

The offer is directed at natural persons and legal entities (hereinafter referred to as "customers") domiciled in Switzerland and the Principality of Liechtenstein who order the goods as end consumers (B2C) via the online shop. Deliveries are only made to addresses in Switzerland and the Principality of Liechtenstein.

The offer is valid while it is visible in the online shop and/or while stocks last. Prices are subject to change at any time. The images shown in advertisements, brochures, in the online shop, etc. are for illustration purposes, are non-binding and are made without guarantee.

3. order

The presentation of products in the online shop does not yet constitute a binding offer, but is a non-binding online catalogue or a non-binding invitation to the customer to order the product in the online shop.

By selecting one or more products, these are placed in the virtual shopping basket. By pressing the "checkout" button, you will be asked to enter the information relevant for shipping and to select a payment option. By pressing the button "buy now" the ordering process is completed. This order is considered a binding offer to the online shop to conclude a contract.

After submitting the order, the customer receives an automated confirmation of receipt by e-mail, which documents that the order has been received by the online shop. After receipt of this confirmation of receipt, the customer can no longer change the order and is bound to it for three weeks.

The online shop is free to reject orders in whole or in part without giving reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.

4. conclusion of contract

A binding contract between the customer and SwAk is only concluded when the ordered products are dispatched. As soon as the order has been dispatched, the customer will be notified by e-mail.

If the order confirmation shows a lower quantity of goods than ordered by the customer, the contract shall be deemed to have been concluded with the lower quantity.

Prize 5

All prices are quoted in Swiss francs including VAT and any other statutory charges. Additional costs such as shipping costs and surcharges for certain means of payment will be charged separately.

We reserve the right to make technical changes, errors or printing errors.

6. terms of payment

Payments must be made in Swiss francs.

The customer can choose from the payment options offered in the online store under "Payment options". SwAk reserves the right not to offer certain payment methods for each order.

The current payment method fees, which may be charged by SwAk, can be seen under "Payment options" and are shown in detail during the ordering process

When paying by credit card or other instant payment methods, the charge is made when the order is placed.

In the case of advance payment, delivery will only take place after receipt of payment.

The online shop may, at its own discretion, offer payment on account and payment in advance (with or without payment by instalments). The Online Shop may make this payment option dependent on a positive credit check as well as other conditions determined at its own discretion (e.g. minimum age). The customer has no right to payment on account, prepayment or payment by instalments. The customer undertakes to pay all payments in the case of purchase on account or payment in advance within the specified payment period.

The online shop also accepts gift vouchers or other discounts. These can be redeemed in the online shop with the corresponding online code. The maximum possible amount of the open order value is deducted or the corresponding partial amount is debited. The redemption can also be tied to a minimum order value. Accumulation of discounts is not possible. Furthermore, gift vouchers or other benefits are not paid out in cash.

7. delivery conditions

If SwAk incurs additional shipping costs due to the provision of an incorrect delivery address, these shall be reimbursed in full by the customer.

When ordering goods in the online store, the shipping costs are calculated according to size and weight and are automatically shown in the order process. From a certain value of goods per order, which is specified at the time of purchase (including VAT but excluding shipping costs), SwAk pays the shipping costs.

The customer is informed of a provisional delivery date with the order confirmation. This delivery date is for guidance only and is not binding. SwAk is entitled to make partial deliveries. SwAk shall bear any additional costs incurred for separate shipment.

If the goods cannot be delivered due to force majeure or delays in delivery (e.g. due to strikes, official orders, etc.) and if these circumstances only occur after conclusion of the contract and are not the responsibility of SwAk, SwAk shall be released from its obligation to deliver and any payments already made shall be refunded.

8. retention of title

SwAk shall retain title to the purchased item until the invoice amount has been paid in full. SwAk is entitled to make a corresponding entry in the retention of title register in accordance with Art. 715 ZGB. Pledging, transfer by way of security, processing or transformation is not permitted without the express consent of SwAk.

9. notice of defects

It is the customer's responsibility to inspect the ordered products immediately upon receipt. If products are delivered with obvious damage to the packaging or the contents, the customer must immediately complain to the service provider (e.g. post office) and refuse acceptance. The customer is obliged to obtain a damage confirmation report from the service provider (e.g. post office).

Other possible defects or deviations from the orders must be objected to in writing to the online shop within 14 calendar days. After that, only hidden defects can be claimed.

A defective product must be returned with proof of purchase.

Address for returns: Swiss Akamani GmbH, Platz 4, 6039 Root D4, Switzerland

10. right of withdrawal

After receipt of the goods, the customer has a right of withdrawal within 14 calendar days. When exercising the right of withdrawal, the customer must return the goods within 14 calendar days. The postmark shall be decisive. The return costs shall be borne by the customer.

For reasons of hygiene, SwAk will only take back unopened products. SwAk cannot grant a right of withdrawal on opened products.

SwAk reserves the right to deduct compensation for possible damage or excessive wear and tear of the packaging from the purchase price to be refunded and also to charge the shipping costs plus CHF 3.50 handling fee.

Returns that cannot be assigned to a customer or cannot be returned to the customer are stored at SwAk for six months and then disposed of.

Address for returns: Swiss Akamani GmbH, Platz 4, 6039 Root D4, Switzerland.

11. transfer of risk

The risk of unforeseeable loss or accidental deterioration of the ordered goods shall pass to the buyer when the goods are handed over to the carrier.

12. Warranty

In the event of poor performance or non-performance, the customer has the express right to withdraw from the contract or to demand a replacement. In the event of a replacement delivery, SwAk undertakes to replace the goods within a reasonable period of time.

Other and further claims are excluded, insofar as legally permissible, such as claims of the customer for cancellation, reduction, rectification, damages or the like. A guarantee is not granted.

13 Disclaimer

SwAk products may only be used in accordance with the relevant information on the package insert and any other instructions.

In no event shall SwAk be liable for (a) slight negligence, (b) indirect and consequential damages and loss of profit, (c) unrealized savings, (d) damages resulting from delay in delivery or inability to deliver and (e) any acts and omissions of SwAk's auxiliary persons, whether contractual or non-contractual.

Furthermore, SwAk accepts no liability in the event of (i) improper, non-contractual or unlawful storage, adjustment or use of the products (ii) force majeure, in particular damage caused by the elements, moisture, falling and impact damage for which SwAk is not responsible, and official orders.

14. data protection

The current and binding privacy policy applies to the processing of personal data by SwAk.

15 Applicable law and place of jurisdiction

All legal relationships between SwAk and the customer shall be governed exclusively by Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for natural persons is Zug or the customer's place of residence. For legal entities, the ordinary courts of the Canton of Lucerne shall have exclusive jurisdiction.

16 Severability clause

Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provision with a legally valid substitute provision that comes as close as possible to the economic purpose of the invalid provision.

Version 2.0
Status: 20 April 2021