General Terms and Conditions (AGB) and Customer Information
Status April 21, 2020
1 Scope of application
1.1 These General Terms and Conditions of the online shop 'fairmask.ch' represented by Exquisite GmbH, Am Fangenbach 9, 8713 Uerikon (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Herewith, the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions of Business is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2 Conclusion of contract
2.1. The presentation of our product range at www.fairmask.ch does not constitute a binding offer in the legal sense, but is non-binding and subject to change. Product illustrations are exemplary and may differ from the final product.
2.2. By sending the order within the framework of our online shop electronically to the seller and receiving it, the customer makes a binding offer to purchase the listed products to us. There is no right of withdrawal.
2.3. A contract for the ordered goods is concluded as soon as the customer has received a written order confirmation from the seller or the customer has received the ordered product.
2.4 For the conclusion of the contract, only the German language is available.
2.5 The order processing and contact takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3 Prices and terms of payment
3.1 The prices quoted by the seller include the statutory VAT and the packaging material. The shipping costs are charged to the customer. They are shown separately before each order.
3.2 Payment is made by credit card or bank transfer. In the second case the seller will ship the goods only after receipt of payment. If the payment method delivery on invoice is selected, the purchase price is payable within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check if the payment method delivery on account is selected and to reject this payment method if the credit check is negative. The purchase contract is only concluded upon full payment.
3.3 For express shipments expressly requested by the customer, the customer will be charged the additional costs for postage.
4 Delivery and Shipping Conditions
4.1 Goods are regularly delivered by post to the delivery address provided by the customer. The delivery address stated in the seller's order processing is decisive for the processing of the transaction.
4.2 If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch.
4.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer upon dispatch of the goods or upon handover to the commissioned transport person.
4.4. The obligation to deliver shall not apply if the seller himself is not supplied correctly and in time. In case of delays or unavailability of the goods, the customer will be informed immediately. In case of non-delivery the purchase price will be refunded.
4.5. Shipment is always at the risk and expense of the customer. The seller is free to choose the mode of shipment.
4.6. Partial deliveries are permissible. In this case the seller bears the additional postage costs.
4.7. Upon receipt, the customer must notify the carrier, freight forwarder or deliverer of the loss of or externally visible damage to the goods in transit and notify the seller.
4.8.The customer must inspect the delivered goods within 14 days and report any defects in writing without delay. If the customer fails to do so, the deliveries and services shall be deemed to be approved.
5.1. The warranty period is 1 year from the date of delivery. Claims for defects by the customer must be reported to the seller in writing within this period, stating the order number. In the case of justified warranty claims, the seller will replace the unusable products or, at the express request and proof of the customer, reduce the purchase price. Cancellation is excluded.
5.2. The warranty expires prematurely if the customer or third parties make improper changes or repairs or if the customer, in the event of a defect, does not immediately take all appropriate measures to reduce the damage and give the seller the opportunity to remedy the defect.
5.3. Excluded from warranty and liability are defects which are not demonstrably due to poor material, faulty design or poor workmanship, but rather to natural wear and tear, inadequate maintenance or storage, failure to observe the instructions for use, excessive strain, unsuitable equipment, chemical, electrical or electrolytic influences, as well as other reasons which reduce the product properties of the delivered goods as a result of improper storage or use.
5.4 Improper handling of the products can considerably reduce their protective effect.
Any liability of the seller for damages arising in connection with the products is excluded to the maximum extent permitted by law. This applies in particular to direct and indirect damage, damage to property and persons, direct and indirect damage, loss of profits and consequential damage, damage to third parties, etc.
7 Applicable law, place of jurisdiction and miscellaneous
This Agreement shall be governed by Swiss law to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods and the conflict of laws provisions.
Exclusive place of jurisdiction is the location of the seller's registered office.
Should any provision of these terms and conditions be or become void, the validity of the other provisions shall remain unaffected.
The seller may unilaterally amend these GTC at any time.