Terms of service
1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between apas-nad GmbH, [Chamerstrasse 42a, 6331 Hünenberg, CHE-327.799.372] (hereinafter "Provider") and its customers (hereinafter "Customer"), irrespective of the Customer's registered office and shipping address.
1.2 Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity in writing.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding invitation to place an order.
2.2 By clicking on the "Buy now" button, the customer submits a binding purchase offer.
2.3 The provider can accept the offer within 5 working days by:
- Sending an order confirmation by e-mail or
- delivery of the goods.
2.4 The contract is concluded in German.
3. Prices and terms of payment
3.1 All prices are quoted in the currency stated in the store including VAT, unless expressly stated otherwise.
3.2 Shipping costs, customs duties and other fees may be charged additionally depending on the country of delivery. These will be displayed to the customer before the order is placed.
3.3 The current prices at the time of the order apply.
3.4 Payments can be made by prepayment, credit card, PayPal or the payment methods offered in the store.
3.5 In the event of late payment, the provider reserves the right to charge interest on arrears at the statutory rate.
4. Delivery and shipping
4.1 Delivery is made worldwide to the delivery address specified by the customer, provided there are no delivery restrictions.
4.2 The delivery time is specified in the store. In the event of delays, the customer will be informed immediately.
4.3 For deliveries to countries outside Switzerland or the EU, import duties, taxes or customs duties may be incurred, which shall be borne by the customer.
4.4 Partial deliveries are permitted insofar as they are reasonable for the customer.
5. Retention of title
The goods remain the property of the supplier until full payment has been made.
6. Right of withdrawal for consumers
6.1 Consumers are entitled to a right of revocation in accordance with the statutory provisions.
6.2 The revocation instructions and the sample revocation form are provided to the customer in the order process and in the order confirmation.
6.3 The right of revocation does not exist in the case of:
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Sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
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Goods manufactured according to customer specifications.
7. Warranty
7.1 The statutory warranty rights apply.
7.2 For entrepreneurs, the warranty period is one year from delivery.
7.3 The provider assumes no liability for damage caused by improper handling or improper use.
8. Liability
8.1 The provider is liable without limitation for intent and gross negligence.
8.2 The provider is only liable for simple negligence in the event of a breach of essential contractual obligations (cardinal obligations).
8.3 In the event of simple negligence, liability is limited to the foreseeable damage typical for the contract.
8.4 Liability for damages resulting from injury to life, body or health remains unaffected.
8.5 The provisions of the Product Liability Act remain unaffected.
9. Data protection
Personal data is processed in accordance with the provider's privacy policy and the applicable data protection laws.
10. Dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution (OS):https://ec.europa.eu/consumers/odr
10.2 The provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Abonnements
11.1 The customer has the option of ordering certain products as recurring subscriptions. The exact delivery intervals (e.g. monthly, quarterly) can be selected in the store.
11.2 Subscriptions run indefinitely, unless a fixed term has been agreed, and can be terminated by the customer at any time with 14 days' notice to the end of the current delivery interval.
11.3 The termination can be made in text form (e-mail) or via the customer account in the store.
11.4 The provider reserves the right to change subscription conditions (prices, discounts, delivery intervals) with effect for the future after reasonable advance notice. The customer will be informed at least 30 days in advance and may terminate the subscription before the change comes into effect if the change is not accepted.
11.5 The provider is entitled to terminate a subscription for good cause with immediate effect.
12. Loyalty-Program
12.1 The Provider offers a loyalty program ("Loyalty Program") in which customers can collect points for purchases. Participation is voluntary and requires a customer account.
12.2 Points are automatically credited to the customer account as soon as the respective purchase has been completed and the invoice amount has been paid in full.
12.3 The crediting of points and the redemption conditions are based on the current conditions of participation in the loyalty program, which are made available to the customer in the store or in his customer account.
12.4 Collected points can be redeemed for rewards, discounts or free products. A cash payment is excluded.
12.5 Points expire automatically if no further purchases are made within 24 months or the customer account is terminated.
12.6 The provider reserves the right to discontinue or adjust the loyalty program at any time with a notice period of 3 months. Points already collected can be redeemed within this period in accordance with the previous conditions.
12.7 In the event of misuse of the loyalty program (e.g. manipulation, multiple registrations), the provider may block the customer account and allow points to expire without replacement.
13. Applicable law and place of jurisdiction
13.1 The substantive law of Switzerland applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 For consumers with their habitual residence in the EU, the mandatory consumer protection law of the respective country of residence applies.
13.3 The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
14. Final provisions
14.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
14.2 Amendments or additions to these GTC must be made in writing.
apas-nad GmbH
Chamerstrasse 42a, 6331 Hünenberg
CHE-327.799.372