Scope of application and supplier
These General Terms and Conditions apply to all commercial transactions carried out through the online store www.kuatro.ch (hereinafter referred to as "online store"). The online store is operated by Lunoir GmbH, Seestrasse 185, CH – 8800 Thalwil. Our offer is aimed at customers over 18 years of age who are consumers. A consumer is considered to be any natural person who carries out a commercial transaction for personal or family use and that is not related to their professional or commercial activity.
The contract language is exclusively German at this time. We are working on the English and Spanish versions.
Our offers, services, products and deliveries are made exclusively on the basis of the General Terms and Conditions (GTC) and our Privacy Policy in force at that time. These GTC and our Privacy Policy also apply to all future business relationships, even if not expressly agreed again. You can access and print the current General Terms and Conditions on the website www.kuatro.ch .
Contract
Product representations in the online store serve to make an offer to purchase. By clicking on the "order with obligation to pay" button, you make a binding offer. The sale of our products is for private use only. Confirmation of receipt of the order is made by automated email immediately after sending the order and does not yet constitute acceptance of the contract. The contract is concluded by sending a separate order confirmation by email. We are not required to accept your request. We reserve the right to withdraw, replace or change the products offered on the website.
Product characteristics
The products offered in the online store include a photo and their main characteristics. The color of the product visible in the photo is not binding. It is specified under the product characteristics.
Registration as a client
You have the option to register as a customer for free in our online store. Registration creates a permanent customer account. Through this customer account, you will be able to place orders in the future without having to provide your details each time. Registration is not a prerequisite for placing an order. However, there is no right to register. To register as a customer and create a customer account, you must provide, among other things, a valid email address and password. The email address is used as the username and, along with the password, as login credentials. The email address is also used for communication with you. More information about the collection and processing of other personal data can be found in the Privacy Policy. It is your responsibility to handle login details carefully. You are expressly prohibited from sharing login details with third parties and/or allowing third parties to access the customer account by bypassing the login details. If you have any indication of misuse of your customer account by third parties, you must inform us immediately. If your personal data changes, it is your responsibility to update it yourself. You can make changes online after logging into your customer account. You may request deletion of your record at any time by notifying us. With deletion, your customer account and all personal data directly related to it will be irrevocably deleted, provided that there are no legal retention obligations or the data is necessary for order processing. We reserve the right to discontinue the offer of registration and a customer account through our online store at any time. In this case, you will be immediately informed of the planned suspension and your customer account with all data will be irrevocably deleted.
Prices
The prices established by us in Swiss francs or euros apply. Product prices include value added tax or sales tax as applicable. Prices are as indicated on the website and may be adjusted at any time depending on circumstances. You will be informed by email of any price adjustments after placing an order and before delivery. If you have already made payment, any overpayment will be refunded to you. If a product has a sale price, it will be indicated along with the main features and duration of the offer.
Shipping costs
We deliver free throughout the European Union.
Delivery conditions and self-delivery reservation
Unless otherwise agreed, the delivery of the products is made from our warehouse to the shipping address indicated by you. If not all products ordered are in stock, we have the right to make partial deliveries whenever it is reasonable for you. The return period begins only upon receipt of the last partial shipment. The delivery time depends on the delivery location and the characteristics of the order. Normally it is two weeks. For custom products, delivery time can be up to 10 weeks. Along with the order confirmation, you will also receive a confirmation of the delivery time. If delivery of the products fails due to your fault despite three delivery attempts, we may withdraw from the contract. Any payment made will be refunded immediately. If the ordered product is not available or other obstacles arise, such as force majeure and consequent restrictions in our supply chain, we may withdraw from the contract. In this case, we will inform you immediately and, if appropriate, suggest delivery of a comparable product. If a comparable product is not available or you do not wish delivery of a comparable product, we will promptly refund any payment made.
Payment conditions
Payment is made by credit card or PayPal. If paying by credit card, the purchase price will be charged to the credit card specified at the time of order. If paying with PayPal, the purchase price will be charged to the PayPal account specified at the time of order.
Warranty
Your warranty rights are governed by the legal provisions of the right of purchase. In case of defects, we carry out a replacement delivery at our expense. The return is made and must be made in accordance with the provisions in Clause 10. You are obliged to examine the products received immediately and with due care for discrepancies in quality and quantity, and notify us of any obvious defects within 3 days. upon receipt of the products. If you receive missing or defective products, you must notify us immediately by email or letter within 3 days of receiving the products. The same period applies to hidden defects discovered later. If you do not comply with the duty of examination and notification, the claim for warranty rights is excluded. If you do not report defects immediately, you will lose your legal and contractual warranty rights. In addition, you help us with your complaint to be able to assert our own claims against the carrier or transport insurance. We honor our warranty by repair or replacement delivery at our option. In the event of repair, we do not have to bear additional costs resulting from the transportation of the products to a location other than the place of performance, unless the transportation does not correspond to the intended use of the products.
Return
The return is carried out according to the instructions and as follows: After receiving your notification about the existence of a circumstance according to Clause 9 of these GTC, we will immediately send you a return form. The product to be returned must be accompanied by the return form and the delivery note (in the case of an order against invoice, with the original invoice) and must be returned within 5 days. Return shipping costs are, in principle, at your expense.
Responsibility
Unlimited liability: We are liable unlimitedly for direct damages caused by intentionality and gross negligence, as well as in accordance with the provisions of the Product Liability Law. We are liable for slight negligence in case of damages resulting from the violation of people's life, body and health. In addition, the following limited liability applies: Liability for slight negligence is limited in its amount to the price of the product, to the extent permitted by law. This limitation of liability also applies in favor of our compliance assistants. Liability for other damages, in particular, but not limited to, indirect, consequential damages, etc., is completely excluded.
Data Protection
We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the applicable legal data protection provisions as well as our Privacy Policy at https://kuatro.ch/datenschutzerklarung/ . When you use our website, various personal data is collected. Our Privacy Policy explains to you what personal data we collect, how and for what purpose, and on what legal basis. It also explains why we use your personal data in the context of contract processing, for how long and what rights you have. You can also find out who is responsible for data processing and where you can lodge a complaint if you have a data protection problem.
Final Provisions
If one or more provisions of these General Terms and Conditions or of an agreement concluded pursuant to them are or become invalid, this will not affect the validity of the remaining provisions. These GTC, as well as the Privacy Policy, may be modified or supplemented by us at any time. The GTC in force at the time of the order apply. Modifications or additions to these conditions affecting existing customer accounts will only be made if necessary due to legal or functional adjustments to our online store, for example technical changes or adjustments to the registration process or account management. of client. Agreed deviations from these GTC will only be valid if made in writing and signed by us. This requirement may also be waived in writing. Applicable law and jurisdiction
The contractual relationship between you and us is governed exclusively by Swiss substantive law, excluding the conflict rules of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 ("Vienna Convention on the International Sale of Goods "), of the Hague Convention and private international law, without prejudice to mandatory legal norms. The exclusive place of jurisdiction is our registered office. Mandatory jurisdictions provided by law are reserved. We also reserve the right to sue you in your ordinary jurisdiction. These General Terms and Conditions replace all previous general conditions of sale and delivery.