General
Terms and conditions
General
Terms and conditions
1. Scope and validity
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the purchase or rental of all Proproducts and services offered by KAQTU Design AG (hereinafter «KAQTU»). This also includes all Proproducts from Autenica. General terms and conditions of the buyer/tenant (hereinafter "user") are deemed not to have been agreed. The same applies to changes to these terms and conditions unless we have accepted them in writing. The version that is given to the user when making a purchase or placing an order is decisive. KAQTU reserves the right to adapt the terms and conditions at any time without giving reasons. Users will be informed of such changes immediately. The changes are deemed to have been accepted if the tenant does not object in writing within 14 days of notification.
2. Produkes
The ProProducts are generally delivered according to samples, illustrations or sketches. Minor deviations in size, color, structure and processing are reserved. Deviations are unavoidable, particularly in the case of repeat or additional orders, unless otherwise agreed in writing.
3. Use
The ProProducts are intended exclusively for private use unless otherwise agreed in writing. KAQTU Design AG grants the statutory warranty for construction and material defects for a period of 2 years from delivery of the goods. KAQTU Design AG grants no other warranties and guarantees, in particular manufacturer's guarantees, unless explicitly stated otherwise.
No information in the purchase or rental contract or the order confirmation.
4. Inspection and notification of defects
The user checks the Proproducts immediately after receipt for any defects, especially glass damage. Complaints must be made within 8 days of receipt of the Proproducts. Later, ie during the warranty period
Any defects that become apparent must be reported immediately after they are discovered. The warranty does not cover damage caused by wear, aging and improper handling, as well as lighting. The warranty expires if ProProducts may be further processed or modified by the user despite obvious defects.
5. Warranty
KAQTU Design AG or the third-party partners commissioned by it can provide the warranty either through free repair or equivalent replacement. Further claims are excluded. In the case of reduced goods, KAQTU Design AG reserves the right to refund the purchase or rental price paid instead of providing free repair or equivalent replacement.
6. Data processing
The collection and processing of the user's personal data by us is explained in the privacy policy. This forms an integral part of these terms and conditions. The user consents to the storage of the data he has provided as part of an order or
otherwise transmitted to us for the purpose of contract processing. The user also agrees that the data he has provided and other usage data will be analyzed in order to provide him with personalized advertising and/or special offers and
Services. The analysis of usage data can be used to create userprofiles. UsersproFile are created in pseudonymized form and are not merged with personal data. Finally, the user agrees that we or third parties commissioned by us can obtain a credit report if necessary (credit and business information office, residents' registration office, debt collection offices, etc.).
7. Prices
All prices are net, including VAT. Individual agreements between the two parties are excluded. The agreement of both parties is required for the settlement of claims. A reminder fee will be charged for reminders.
8. Ownership
Until the purchase price has been paid in full, the ProProducts remain the property of KAQTU Design AG. KAQTU Design AG is entitled to arrange for entry in the register of retention of title at the user's expense if it considers its claim to be at risk.
9. Delivery and assembly
The delivery or collection of the ordered Proproducts is agreed between the user and KAQTU Design AG. If delivery to the user's address is agreed, it is generally made to the curb of the property. If assembly or delivery to the rooms has been agreed, this will also only take place if the local and structural conditions allow it under normal circumstances. Delivery to the rooms or assembly will only take place to or in the presence of adults. If the user is not found at the delivery address on the delivery and assembly date or refuses to accept the delivery, a new delivery and assembly date will be communicated to them as soon as possible. In this case, KAQTU is entitled to separately invoice a processing fee of CHF 100.00 as well as the costs for each additional delivery or travel by the service partner. Wall and ceiling installations, electrical and sanitary connections, the installation of entertainment electronics and structural work (e.g. painting work) require the wall or ceiling construction to be of suitable quality. KAQTU's services do not include such work. The tenant bears all resulting costs, unless KAQTU offers an individual delivery service for this.
10. Delivery dates and delays
Usually, ordered Proproducts are provided or delivered within the agreed delivery date. The user will be notified if a Proproduct should be temporarily unavailable. The user acknowledges that delivery delays of up to two months do not entitle him to refuse acceptance of the ordered goods, to cancel the contract, to claim damages or to demand the return of the purchase or rental price. Counterclaims by the user can only be made with our consent.
If we are not supplied by our suppliers through no fault of our own, even though we have placed identical orders with reliable suppliers, we will be released from our obligation to perform and can withdraw from the contract. In this case, we will inform the user immediately of the unavailability and, in the event of withdrawal, immediately refund any payments already made to the customer.
11. Breach of contract
All cases of breach of contract and their legal consequences as well as all claims of the user, regardless of the legal basis on which they are made, are conclusively regulated in these terms and conditions. Other claims of the user - regardless of the legal basis
– are excluded, except in the cases mentioned below. Auxiliary persons and any vicarious agents are not liable for damages that have not occurred on the goods themselves, in particular not for consequential damages, lost profits or other financial losses. The above limitation of liability does not apply in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty; in the event of a guarantee promise, if agreed; and insofar as the scope of application of the ProProduct Liability Act is open.
12. Assignment
We reserve the right to assign or pledge to third parties any purchase or rental price claims we have against you in connection with deliveries of goods, including any partial payment installments, default interest and reminder fees.
13. Conclusion of contract / orderprocess
If the user places an order via the Internet, email, mobile or telephone, he or she makes a binding offer to conclude a purchase, rental or service contract. The user receives a confirmation that the order has been received. This confirmation does not constitute acceptance of the offer by KAQTU. KAQTU reserves the right to reject the application without giving reasons. A legally binding purchase or rental contract is only concluded when the order confirmation is sent by KAQTU Design AG. Shipping, delivery and assembly costs are shown separately during the ordering process and are clearly shown in the order overview and then also in the order confirmation. The contract is only concluded via those Proproducts that are in the
The scope of services is also determined from this. Our offers are valid for Switzerland and Liechtenstein. For orders with delivery addresses outside Switzerland and Liechtenstein, the specified
Delivery prices and shipping fees are invalid. Please ask about our conditions for such orders. The advance recycling fee (vRG) is already included in all prices for electronic devices. In this way, we are making a contribution to the environmentally friendly disposal of lights.
14. Payment
KAQTU Design AG accepts the payment methods shown to the user during the ordering process. The purchase or rental price as well as any shipping and assembly costs will be charged after the order has been confirmed. The consulting costs can be charged in advance. If the user chooses advance payment as the payment method, the order will only be processed after receipt of payment. The delivery time can be delayed accordingly. Discounts or vouchers are only accepted under the conditions shown on the voucher. A voucher code or value is entered during the payment process.proDiscounts not claimed cannot be granted retrospectively. Discounts cannot be accumulated.
15. arrears
If an invoice from KAQTU is not paid within the payment period, the user will be in default without further notice. In the event of default, KAQTU is entitled to invoice the user for the additional costs incurred in the following amount:
– Reminder / payment reminder: No additional costs
– Reminder: Flat rate CHF 25.00
– Reminder: Flat rate CHF 40.00
From the due date, KAQTU is entitled to charge interest on arrears at a rate of 5% pa on the invoice amount. The right to charge additional late payment costs remains reserved. If the user does not pay the outstanding invoice in full after the third reminder, KAQTU is entitled to terminate the contract with immediate effect. All claims can be handed over to a debt collection agency. The costs of the debt collection agency (additional reminder costs and collection costs) are borne by the user and are accepted by him.
16. Return Policy
We voluntarily grant the user a right of return. The right of return applies to all sales channels. Returns are possible within 30 calendar days after collection from the store or from the date of the postmark or the delivery or receipt confirmation. Can the
If users do not provide the delivery or receipt confirmation, the 30-day period begins from the date the order is dispatched. The following are excluded from the right of return (but not from warranty claims):
– Orders from legal entities
– Custom-made / personalized items or items assembled according to customer requirements
- Food
– Hygiene products and copyrighted items such as CDs, DVDs or books after opening the packaging/seal
- Services
– Gift vouchers
– Reduced exhibition goods
The ProThe product must be returned in its original packaging and in new, unused condition with all accessories. The costs of return are to be borne by the user. The purchase price (minus additional, delivery and shipping costs) will be credited to the user's customer account for a future purchase or refunded in the form of a shopping voucher. The purchase price will only be refunded at the express request of the customer.
17. Severance clause
Should any provision of these Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of invalidity or voidness of a contractual provision, the parties shall replace it with one that comes closest to the economic purpose of the invalid provision. The same applies to any gaps.
18. Legal status
Swiss law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for natural persons is Uster or the user's place of residence. The place of jurisdiction for legal persons is exclusively Uster.
Last updated: 2.04.2024