Terms and Conditions
General Terms & Conditions of the Online Shop Kunst für Kinder (“Art for Children”), hereinafter referred to as Supplier.
The present General Terms & Conditions (“GTC”) are subject to Swiss law and shall apply in Switzerland, provided that the Parties hereto accept them explicitly or implicitly. Any and all modifications hereto and/or side agreements shall be confirmed by Supplier in writing in order to take legal force and effect.
The present GTC shall apply for an indefinite period in time until the Parties hereto agree in writing on changing them.
As for the rest, the provisions stipulated by the Swiss Code of Obligations (Art. 184 ff. OR) as well as other applicable Swiss acts and regulations shall apply. In the event one or more provisions hereunder are or should become invalid and/or if the Agreement should contain legal loopholes, the other provisions hereof shall remain unaffected thereby. The Parties hereto already agree by now invalid provisions to be replaced by suchlike legally effective ones that meet the Parties’ initial economic intent best. The same shall apply to possible legal loopholes.
Supplier’s Service Range
The Online Shop Kunst für Kinder sells items specifically designed for children, including children’s books, posters, plaids, plush ware, etc., mainly to private customers.
Our price lists and brochures contain noncommittal information and norm prices. Except for clear quotes, information provided on the telephone shall not be of long-term validity.
Any and all quotations made in writing, on the telephone, in a one-to-one conversation, via fax or e-mail shall be binding. If Customers demand supplies, products and/or services that are not covered by respective quotations these shall be invoiced separately.
Unless agreed otherwise in writing, quotations shall remain valid for a term of 30 days. Any and all documents and samples provided along with the quotation shall remain Supplier’s property. Third parties shall not be granted any access to quotation documents without Supplier’s prior consent. Any and all information referred to as approximate by Supplier shall not be binding and exclusive serve to facilitate estimating respective dimensions.
Offers shall be regarded as accepted by Customer’s respective confirmation presented in writing, on the telephone, via fax, e-mail, or in a personal conversation. Supplier shall confirm its acceptance of orders in writing, via fax or e-mail.
If Customer requests to change confirmed orders, Supplier shall inform Customer within a term of two weeks whether or not the requested modification can be realised and how it will affect the provision of services, deadlines, and prices agreed. Supplier shall be bound to offers made on modifying its services for a term of two weeks. Modifications shall not apply to and/or be made for products already delivered.
Supplier undertakes to supply Customer with the products agreed at the times defined in its order confirmation. At the same time, Customer undertakes to accept and pay said products at the times defined.
Any and all deadlines shall be adequately postponed if events beyond Supplier’s reasonable control occur. Such events might e.g. be acts of God, mobilisation, war, riot, epidemics, accidents and disease, material business disruption, labour conflicts, late or defective deliveries, and official actions.
In case of any other kind of delay, Customer shall be entitled to
- decide to waive further deliveries: Customer shall immediately inform Supplier thereon.
- demand partial deliveries (to the extent possible): The Parties shall immediately come to a re-spective agreement.
- define a reasonable grace period for Supplier to perform its obligations: In the event Supplier fails to meet its obligations within said grace period, Customer shall - provided that it immediately declares to do so - be entitled to waive subsequent performance or rescind from the contract.
Supplier shall have to inform Customer on delays as soon as possible. Any and all compensation possibly falling due shall be calculated in accordance with Art. 191 OR.
Performance of Contract
Scope and execution of deliveries shall be as defined in our order confirmation. Supplier shall supply products in the version ordered.
Unless the Parties hereto have agreed on a special place of fulfilment or such place of fulfilment results from the transaction’s nature, the products’ provision at Supplier’s registered office shall be deemed to constitute delivery.
Unless explicitly agreed otherwise, the risks and rewards of ownership shall transfer from sender to Customer by departure of the goods.
Unless a specific acceptance procedure has been agreed, Customer shall have to check the products and report possible deficiencies in writing. If Customer fails to report deficiencies within two weeks as from the delivery’s receipt, the products shall be deemed to be free from defects and accepted. Customer shall then be obliged to pay in due time.
Prices & Payment Terms
The prices shall be defined in our quotation. Our prices shall be exclusive of VAT. The seller shall bear all costs incurred by measuring, weighing, and packaging the goods. The purchaser shall bear all costs related to the goods’ transportation and inspection.
In the event Customer fails to meet the payment terms, Supplier shall be entitled to
- immediately raise claims against Customer
- or to request guarantees for all outstanding receivables
- and/or subject all deliveries outstanding to advance payment.
In the event Customer fails to provide securities and/or pay within a reasonable grace period, Supplier shall be entitled to rescind from the contract even if the goods or parts thereof have already been supplied.
If Customer fails to meet its payment obligations, Supplier shall be entitled to claim compensation.
Customer shall be entitled to offset its counterclaims towards Supplier, provided that these are due or confirmed by a legally binding verdict.
If Customer fails to pay in time, default interest amounting to four percent above the respective discount rate defined by The Swiss National Bank shall fall due for payment from the date of maturity.
Maturity & Payment/Title Retention
We offer the below payment options:
- credit card (Visa, MasterCard, American Express)
- advance payment
Supplier undertakes to exercise due care and supply its products in good quality.
In the event supplied goods should be found to be defective, Customer shall - in accordance with the Swiss Code of Obligations - be entitled to demand redhibition or price reduction or replacement by goods of the same kind. The provisions stipulated by the Swiss Code of Obligations shall apply.
Our warranty shall not cover defects and malfunctions outside Supplier’s reasonable control such as natural wear and tear, force majeure, improper use, modifications made by third parties or Customer itself, excessive use, and/or extreme environmental factors.
If Customer intends to sell the goods on to third parties, Customer shall be responsible for observing domestic and foreign export law. In the event Customer modifies the products sold on to third parties, Customer shall assume any and all responsibilities and liabilities for damages arising from suchlike modification to Supplier, Customer itself and/or third parties involved. The provisions stipulated by the Product Liability Act shall remain reserved.
In accordance with the Ordinance on the Return, Recycling and Disposal of Appliances with Electrical and Electronic Components (VREG), Supplier shall be obliged to take back electrical appliances and dispose of them in an environmentally sound manner. Customer shall bear the costs arising from transport and disposal.
Supplier’s registered office shall be the place of jurisdiction. However, Supplier shall also be entitled to turn to the competent courts at Customer’s place of residence.
The Parties hereto shall strive to settle any and all disputes arising out of and/or in relation to the present Agreement amicably.