General Terms and Conditions

General terms and conditions with customer information

§1 Scope of Application

§2 Offers and Service Descriptions

§3 Ordering Process and Contract Conclusion

§4 Prices and Shipping Fees

§5 Delivery and Product Availability

§6 Payment Options

§7 Reservation of Ownership

§8 Warranty for Defects and Guarantee

§9 Liability

§10 Data Backup of the Contract Document

§11 Final Provisions

§1 Scope of Application

1.1. Regarding the business relationship between Mr. Ermin van Elst (hereinafter referred to as the "Provider"), and the purchaser (hereinafter referred to as the "Customer"), only the following general terms and conditions apply in their version valid at the time of order placement.

 

1.2. You can reach our customer support from Monday to Sunday for inquiries, complaints, and objections via the email address info@vanelst.ch.

 

1.3. In the context of these terms and conditions, a consumer is defined as any natural person who concludes a legal transaction for a purpose that is primarily not attributable to their commercial or self-employed professional activity (according to § 13 BGB).

 

1.4. Contrary conditions from the customer are only acknowledged if the provider expressly agrees to their validity.

§2 Offers and Service Descriptions

The presentation of goods in the online shop does not constitute a legally binding offer but rather an invitation to place an order. Descriptions of services in product catalogs as well as on the seller's websites are not to be construed as a commitment or guarantee.
All offers are subject to availability unless expressly stated otherwise for the products. Deviations are also reserved.

§3 Ordering Process and Contract Conclusion

3.1. From the seller's offering, the customer can choose products at their discretion and place them in the shopping cart using the button, which serves as a virtual gathering place. Within the shopping cart, there is the option to modify the product selection, for example, by deletion. Subsequently, the customer can proceed to complete the ordering process by clicking the button Proceed to Checkout.

 

3.2. By clicking the button to order with payment obligation, the customer submits a binding request to purchase the products in the shopping cart. Before submitting the order, the customer can adjust and review the information at any time. Using the browser function "back," the customer can return to the shopping cart or cancel the ordering process entirely. Mandatory information is marked with an asterisk (*).

 

3.3. Following the order processing, the provider automatically sends an electronic confirmation via email to the customer, listing the ordered products once again. The customer can print this confirmation using the "Print" function (order confirmation). The automatic acknowledgment of receipt is solely for documenting the receipt of the order by the provider and does not constitute a binding acceptance of the offer. The purchase contract is only concluded when the provider has dispatched, handed over the ordered product to the customer within 2 days, or confirmed the shipment within 2 days through a second email, an explicit order confirmation, or the sending of the invoice.

 

3.4. If the provider offers a prepayment option, the contract is concluded with the provision of bank details and the payment request. If the payment is not received within 10 calendar days after the dispatch of the order confirmation, despite a renewed request, the provider withdraws from the contract. Consequently, the order becomes invalid, and the provider is relieved of the delivery obligation. The order is then concluded for both the buyer and the provider without further consequences. Reservation of the item in case of prepayments is therefore valid for a maximum of 10 calendar days.

§4 Prices and Shipping Fees

4.1. All amounts listed on the seller's website include the applicable statutory value-added tax.

 

4.2. In addition to the listed costs, the provider charges additional fees for shipping. The shipping fees are clearly communicated to the buyer on a dedicated information page and during the order process.

§5 Delivery and Product Availability

5.1. If a prepayment is stipulated, delivery will take place upon receipt of the invoice amount.

 

5.2. In the event of three unsuccessful delivery attempts due to the buyer's actions, the seller reserves the right to withdraw from the contract. Any payments already made will be promptly refunded to the customer.

 

5.3. If the ordered product is unavailable due to a non-delivery by the seller's supplier beyond the seller's control, the seller may terminate the contract. In such a case, the seller will promptly notify the customer and, if applicable, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any payments already made by the customer.

 

5.4. Customers will be informed about delivery times and possible delivery restrictions (such as restrictions to specific countries) on separate information pages or within the respective product descriptions.

§6 Payment Options

6.1. Before completing the order, the customer can choose from various available payment methods. An overview of the available payment options is provided to customers on a dedicated information page.

 

6.2. If the payment method selected is by invoice, the due amount must be settled within 30 days of receiving the goods and the invoice. For all other payment methods, the amount is to be paid in advance and without deductions.

 

6.3. If third-party providers are entrusted with the payment processing, such as PayPal, their general terms and conditions apply.

 

6.4. If the payment is due on a specified date, the customer is already in default by failing to meet this deadline. In this case, the customer is required to pay the statutory late payment interest.

 

6.5. The customer's obligation to pay late payment interest does not preclude the seller from claiming additional damages due to late payment.

 

6.6. The customer has the right to offset only if their counterclaims have been legally established or acknowledged by the seller. The customer can exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

§7 Reservation of Ownership

The delivered products remain the property of the provider until the payment is made in full.

§8 Warranty for Defects and Guarantee

8.1. The provisions for warranty are determined by legal regulations.

 

8.2. A warranty applies only to the products provided by the provider if it has been expressly granted. Customers will be informed about the specific conditions of the warranty before initiating the ordering process.

§9 Liability

9.1. Regardless of other legal prerequisites for damage claims, the following exclusions and limitations of liability apply to the seller.

 

9.2. The seller assumes unrestricted liability if the damage is based on intent or gross negligence.

 

9.3. Additionally, the seller is liable for negligently caused breaches of essential duties, the non-fulfillment of which endangers the achievement of the contract's purpose or breaches that enable the proper execution of the contract and on which the customer regularly relies. In this case, the seller is liable only for the foreseeable, typical damage within the framework of the contract. The seller is not liable for negligently caused breaches of duties not mentioned in the preceding sentences.

 

9.4. The aforementioned limitations of liability do not apply to injuries to life, body, and health, defects covered by a warranty for product quality, and intentionally concealed defects. Liability under the Product Liability Act remains unaffected.

 

9.5. If the liability of the seller is excluded or limited, this also extends to the personal liability of employees, representatives, and agents.

§10 Data Backup of the Contract Document

10.1. Before the customer submits the order to the seller, there is an option to print the contract text. This can be done by using the print function of the browser in the final step of the ordering process.

 

10.2. Additionally, the customer will receive an order confirmation with all order details sent to the email address provided by them. At the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions (GTC) including the cancellation policy, as well as information on shipping costs and the terms of delivery and payment. The contract text is also stored by us but not made publicly accessible on the internet.

§11 Final Provisions

11.1. The legal venue and place of performance is the business headquarters of the seller, provided that the customer is a merchant, a legal entity under public law, or a public-law special fund.

 

11.2. The contract language is English.

 

11.3. The platform of the European Commission for online dispute resolution (ODR) for consumers is: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.