General terms and conditions of Kayde AG
These General Terms and Conditions (“GTC”) apply to the entire business area of Kayde AG (hereinafter “Company”). The company operates in the areas of […].
- Conclusion of contract
The contract is concluded through the company's confirmation of the agreement regarding the purchase of products and/or services by the customer.
The contract is further concluded when the customer uses the services offered by the company and/or orders products via the company's online shop or buys them directly.
Unless otherwise stated, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.
The company reserves the right to change prices at any time. The prices valid at the time the contract is concluded apply according to the company's price list.
The customer is obliged to pay the invoiced amount within 30 days of the invoice date.
If the invoice is not paid within the aforementioned payment deadline, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he will automatically be in default.
If the company also offers products for purchase, rental or other use via an online platform, it can also request payment electronically as part of the ordering process (credit cards, Paypal or other payment systems).
Obligations of the company
- Delivery / delivery dates
Delivery takes place within 4-5 days of receipt of the order. If delivery on time is not possible, the customer will be informed by the company within 2 working days of receipt of the order and the new delivery date will be communicated.
- Service provision
Unless otherwise agreed, the company fulfills its obligation by providing the agreed service. If no further provisions are agreed, the place of performance is considered to be the company's registered office.
- Obligations of the customer
The customer is obliged to immediately take all precautions that are necessary for the company to provide the service. The customer must carry out the arrangements at the agreed location, at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing the company with appropriate information and documentation.
Both parties have the right to withdraw from the contract at any time. The other party must be reimbursed in full for the expenses already incurred. Withdrawal at inopportune times is not permitted and any claims for damages remain reserved.
An exchange of products is generally excluded.
The customer has the right to withdraw from the contract within 3 days of sending the order in writing or implicitly by returning the products. To meet the cancellation deadline, it is sufficient to send the cancellation or the product on time. In the event of a cancellation, the customer must bear the costs of the return. In the event of an effective cancellation, the services received by both parties must be refunded. The products must be returned in their original packaging, otherwise the customer must fully indemnify the company for any damage caused by opening the packaging or damaging the product.
The statutory warranty provisions apply.
Any defect must be reported to the company immediately. The company has the right to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product.
Liability for any indirect damage and consequential damage is completely excluded.
The customer is obliged to report any damage to the company immediately.
Any liability for assistants is completely excluded.
- data protection
The company may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. The company takes the measures necessary to secure the data in accordance with legal regulations. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to them or third parties upon order of courts or authorities. If the customer has not expressly prohibited this, the company may use the data for marketing purposes.
These Terms and Conditions may be amended by the Company at any time.
The new version comes into force upon publication on the company's website.
These General Terms and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these General Terms and Conditions take precedence over these General Terms and Conditions.
- Severability clause
Should a provision of this contract or an attachment to this contract be or become invalid, this will not affect the validity of the rest of the contract. The contracting parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same also applies to any contractual gaps.
- Applicable law/place of jurisdiction
These terms and conditions are subject to Swiss law. Unless there are mandatory legal provisions, the court at the company's registered office is responsible. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.