General Terms and Conditions www.bird-spa.com
1. scope of application
The general terms and conditions (hereinafter referred to as "GTC" or "GTC - Online Shop") shall apply to all legal transactions concluded via the online shop https://www.bird-spa.com/ (hereinafter referred to as "Online Shop"). This online shop is run by the private individuals Therese & Stefan Korn. Therese & Stefan Korn reserves the right to change these GTC at any time. The version valid at the time of the order shall apply in each case. This can be viewed at https://www.bird-spa.com/Rechtliches/AGB/.
The products and prices in the online shop are deemed to be an offer. The offer is valid as long as the product can be found in the online shop and is in stock.
3. products and prices
Therese & Stefan Korn can set the prices freely and change them at any time. When placing an order, the price published on the website is decisive. If prices have been published in error, Therese & Stefan Korn reserves the right to inform the buyer (hereinafter referred to as "the buyer" for better readability) prior to shipment in order to agree on a price correction or to cancel the order.
Prices are quoted in CHF by default.
Shipping and packaging costs are calculated and shown separately from the quoted price. Any COD charges incurred by the chosen logistics partner shall be borne in full by the customer.
4. information provided
Therese & Stefan Korn makes every effort to keep the published data in the online shop up to date and correct. However, delivery delays may occur due to production/delivery bottlenecks and sales via other channels. Therefore, all information on availability and delivery time is without guarantee and may change at any time.
Therese & Stefan Korn accepts no responsibility for the accuracy or timeliness of information provided by other manufacturers, even if it has been carefully researched.
5 Conclusion of contract
The sales contract is concluded by sending (online) the order and the acceptance by Therese & Stefan Korn.
Prerequisite for a valid purchase contract is the complete and truthful completion of the order form provided on the Internet and the acceptance of the present General Terms and Conditions (GTC - Online Shop).
Therese & Stefan Korn confirms the receipt of the order with an automatically generated order confirmation by e-mail. This merely indicates to the customer that the order has been received and that the purchase contract has been concluded under the condition that delivery is possible and the price is correct.
6. delivery conditions and collection
6.1 Availability and delivery
Products marked as "available" will normally be delivered within 2 - 4 working days between Monday and Friday after receipt of the order or will be available for collection at the collection address (Stefan & Therese Korn, Than1, 6032 Emmen, Switzerland). There is no dispatch on Saturdays, Sundays, and collections can only be made by arrangement, provided that an appropriate collection invitation has been sent. If a product is out of stock or incorrectly marked as "available", the customer will be notified by e-mail or telephone and a new provisional delivery or collection date will be arranged. Therese & Stefan Korn will endeavour to make a prompt subsequent delivery and will dispatch any backordered goods without additional shipping costs.
If an item is no longer available at all and cannot be procured or produced by Therese & Stefan Korn, Therese & Stefan Korn may withdraw from the contract, but must fully reimburse the customer for any payments already made for the product in question.
If Therese & Stefan Korn is not able to provide or ship the items within 30 calendar days from receipt of the order (exception: special orders, according to Art. 6.2), the customer has the right to withdraw from the contract. Payments already made by the buyer to Anna & Juan for the product in question will be refunded in full. There are no further claims against Therese & Stefan Korn.
If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs will be borne in full by the buyer.
Unless otherwise agreed, Therese & Stefan Korn will ship national and international orders by Swiss Post. The terms, information and delivery times of the Swiss Post apply.
6.2 Terms of delivery for special orders
Special orders are products which are not listed in the Therese & Stefan Korn online shop and which may require a procurement period of more than 30 calendar days. Delivery times and dates for special orders will be agreed between Therese & Stefan Korn and the customer in writing or orally.
6.3 Additional Terms Delivery
If the customer does not accept the goods delivered by the supplier within the agreed or stated delivery periods, Therese & Stefan Korn can withdraw from the contract, cancel the order and charge the customer a handling fee of 15%, but at least CHF 30.
6.4 Additional provisions for collection
If the customer selects the "Collection" option when placing the order, she will receive a confirmation by e-mail or telephone as soon as the goods are ready for collection. If the customer does not collect the ordered products within 10 working days of receipt of the collection confirmation, Anna & Juan may withdraw from the contract and charge the customer a handling fee of 15%, but at least CHF 30.
7 Obligation to check
The delivered or collected products are to be checked by the buyer immediately after acceptance for completeness, correctness and delivery damage. If there is a defect, Anna & Juan must be informed within 7 calendar days and the product must be in its original condition in order to be taken back.
8. warranty conditions and services
Therese & Stefan Korn manufactures goods or sells articles of other manufacturers. Therese & Stefan Korn has no influence on the durability and functionality of the products as well as the warranty of other manufacturers. Therefore, the guarantee information of the manufacturer applies, insofar as this is valid in Switzerland.
In all other respects, the Swiss statutory warranty provisions pursuant to Art. 197 ff. OR.
A warranty claim can only be asserted by the customer upon presentation of the purchase contract including the valid order form.
There is no warranty claim for damage caused by improper handling or for defects that are due to external influences. This could be, for example, damage caused by the elements, moisture damage, damage caused by falling or impact or damage caused by modifications.
Therese & Stefan Korn can provide warranty service by replacing the product as good as new.
9 Liability and Disclaimer
Therese & Stefan Korn is only liable for the guarantee services which are listed under point 8. Any further liability is excluded, in particular the liability for damages which are not caused to the products themselves. This may include indirect and consequential damages such as loss of profit, unrealised savings or damages resulting from delayed delivery. Furthermore, Therese & Stefan Korn is not liable for damages caused by improper storage.
The invoice for the goods is to be paid in the currency stated therein and immediately at the time of or after sending the order. The following means of payment are accepted in the online shop: Credit cards via payment platform PayPal (Mastercard, Visa, American Express), PayPal transfers, bank transfer in advance. In the case of on-site collection, payment can be made in cash. In this case, the invoice amount is due upon receipt of the goods and must be paid in Swiss francs. If payment is made by bank transfer, the goods will be held back until payment is received. In this case, the payment must be received within 10 working days on the bank account indicated in the automatic order confirmation, otherwise Therese & Stefan Korn may withdraw from the contract and charge the customer a handling fee of 15%, but at least CHF 30.
11. right of withdrawal and cancellation
The right of withdrawal is regulated in the cancellation policy.
12. data protection
Therese & Stefan Korn only collects personal data which are necessary for the conclusion of the contract. These will not be further processed without the separate consent of the buyer.
The data will only be passed on to third parties if this is necessary for the processing of the order. In the case of home delivery, this concerns the logistics partner (e.g. post office, DHL, etc.) and in the case of payment processing, the credit institution (e.g. Paypal, etc.).
You can find more detailed information in the data protection regulations.
13. application of law and place of jurisdiction
The relationship between Therese & Stefan Korn and the customer is exclusively subject to Swiss law. The place of jurisdiction is the town of Emmen, Canton Lucerne, Switzerland.
Version GTC - Online Shop: 19.01.2021