1. Validity of the Terms & Conditions (T&C)
1.1 The terms and conditions apply to all orders placed by customers via the online shop www.adaptway.ch, resp. www.adaptway.com of Adaptway GmbH, Sandackerstr. 2, CH-5611 Anglikon-Wohlen, Switzerland, phone no. +41 56 508 50 16, E-Mail: email@example.com, UID: CHE-207.750.988 (hereinafter referred to as the Adaptway Online Shop).
2. Offer and Conclusion of Contract
2.1 The presentation of the products in the Adaptway Online Shop is not a legally binding offer, but a request for order.
2.2 By clicking the [Order] button, the customer places a binding order for the products listed on the order page. After sending the order, the customer can no longer make any alterations to the order.
2.3 Immediately upon receipt of the order, Adaptway Online Shop confirms receipt of the order by e-mail. The purchase contract comes into effect only when Adaptway Online Shop confirms the dispatch of the goods by e-mail (confirmation of order or delivery) or at the latest by delivery of the goods.
3.1 The prices are stated in Swiss Francs (CHF), Euro (EUR) and Dollar (USD). The statutory value-added tax and any pre-paid recycling charges are included. Shipping costs are additionally charged.
3.2 Adaptway Online Shop reserves the right to change prices at any time. The prices published on the order date on the website apply to the customers. The prices are binding until the order confirmation by Adaptway Online Shop or during the period specified in the order confirmation.
4. Terms of Delivery
4.1 The ordered products are delivered normally within 24 hours after receipt of the payment. If a longer delivery period is necessary, the customer will be informed at the latest after this time period. If no information is provided, the customer is entitled to waive the order.
4.2 Shipping is made by Swiss Post (Swiss Post) worldwide to three shipping/delivery zones: Switzerland, Europe and the rest of the world.
4.3 Delivery delay through no fault, e.g. due to force majeure, traffic jam, bad weather conditions, unusual, unexpected detention by the customs authorities, etc., Adaptway Online Shop is not liable and does not entitle the customer to withdraw from the purchase contract or to enforce damages.
4.4 In case that not all ordered products are in stock, Adaptway Online Shop is entitled to partial deliveries.
4.5 Should the delivery of the goods fail due to the customer's fault, Adaptway Online Shop may withdraw from the contract. There will be no refunds for unsuccessful delivery (non-collection, incorrect delivery addresses ...).
5. Shipping to Switzerland, Europe and other Countries
5.1 The shipping flat rate consists of postage and packaging costs. The shipping flat rate is stated on the online shop under [Shipping] and is displayed before the order is completed.
5.2 Swiss VAT and customs duty
All deliveries to addresses outside Switzerland are without Swiss VAT (7.7%).
The local customs authorities are entitled to check the consignments and to charge duty and VAT (national tariffs).
For further information about the valid regulations and customs duties in your country, please contact the customs office or import authority.
5.3 Delivery of orders placed on Saturdays, Sundays and public holidays
If the order arrives on Saturday, Sunday and public holiday, the shipping takes place on the next working day. We recommend you to place your order as early as possible (4-5 working days before the desired delivery date if possible). Before holidays, a longer delivery period must be accepted.
6.1 Adaptway Online Shop guarantees that the goods have the assured characteristics for a period of 24 months, that they do not have any defects that impair their value or suitability for the intended use, as well as the prescribed performance and specifications.
6.2 Adaptway Online Shop guarantees the correction of defects. This will be done by Adaptway Online Shop by post-fulfillment, i.e. removal of a defect (repair), free repair or delivery of a defect-free product (replacement delivery).
6.3 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply to negligible deficiencies. The right of the customer to reduction is excluded.
6.4 The recipient checks the goods immediately upon receipt for their completeness and condition. Any complaints regarding quality and completeness must be communicated immediately to the Adaptway Online Shop, but at the latest 24 hours after delivery. Otherwise the delivery is deemed accepted.
6.5 Adaptway Online Shop is not liable for transport damage or damage resulting from improper storage of the goods after acceptance by the customer or his assistants.
6.6 In case of wear parts and consumables such as, batteries, accumulators, power cables, adapters, lamps and software problems, Adaptway Online Shop warrants the warranty completely. In all other respects, the exclusions of liability according to section 7 apply.
6.7 In cases of defects, the products are to be returned to Adaptway GmbH, Sandackerstr. 2, CH-5611 Anglikon-Wohlen, Switzerland. The return is at the expense and risk of the customer. Obligations to reimburse payments will be fulfilled within 30 days of receipt of the return. Adaptway Online Shop is entitled to deduct any value replacement from the purchase price. In case of a return of individual components of a set, the discount granted by Adaptway Online Shop to all components of a set within the set price expires. The customer is therefore only reimbursed for the returned components of the difference between the set price and the purchase price of the individual parts which he retains. Returns shall be in the original packaging and with the enclosure of the invoice or the delivery note in a package suitable for secure dispatch simplify the processing.
7. Liability and Disclaimer
7.1 Liability shall be governed by the applicable statutory provisions. However, Adaptway Online Shop is under no circumstances liable for slight negligence, indirect damages and consequential loss, loss of profits, unrealized savings and damages resulting from delays in delivery.
7.2 Adaptway Online Shop is also not liable for damages that are caused by one of the following causes:
improper storage or use of the products;
use of incompatible replacement or accessory parts (e.g., power supply);
failure to perform maintenance and/or improper modification or repair of the products by the customer or a third party;
force majeure, in particular damage to elementary, moisture, fall and impact, etc., which are not to be represented by Adaptway Online Shop and official orders.
8. Liability for Online Connections
8.1 Adaptway Online Shop undertakes to ensure safety according to current technical standards in systems, programs, etc., which are owned by it and to which it has influence, as well as to observe the rules of data protection.
8.2 The customer shall ensure the security of the systems, programs and data that are within his/her sphere of influence. The customer is to keep his/her passwords and user names confidential to third parties in his/her own interest.
8.3 Adaptway Online Shop is not liable for security deficiencies and business failures of third-party companies with whom it cooperates or on which it is dependent.
8.4 Adaptway Online Shop shall not be liable for force majeure, improper handling and disregard of risks on the part of the customer or third parties, excessive use, extreme environmental influences, unsuitable operating equipment of the customer or third parties (e.g. viruses, worms, etc.), which happen despite the necessary current safety precautions.
9. Terms of Payment
9.1 Payment must be made in advance.
9.2 Payment takes place by bank transfer, credit card or PayPal.
9.3 In case of payment by credit card, the customer's account is debited immediately.
9.4 A set-off against customer's claims is excluded.
9.5 If you wish to place an order as a company, organization, institution and pay by invoice, please contact us at firstname.lastname@example.org.
10. Reservation of Title
10.1 The goods shall remain the property of the Adaptway Online Shop until full payment and delivery is effected.
11. Right of Revocation
11.1 Consumers have the right to cancel the contract declaration within 14 days after receipt of the goods. The date of dispatch of the revocation shall be decisive for the observance of the time limit. A reason for the revocation is not necessary. The revocation notice is to be sent to: Adaptway GmbH, Sandackerstr. 2, CH-5611 Anglikon-Wohlen, Switzerland, E-Mail: email@example.com.
11.2 The exercise of the right of revocation leads to the conversion of the purchase contract into a retroactive settlement condition whereby the goods received under the purchase contract have to be refunded. The consumer has to return the received goods with the original packaging to Adaptway Online Shop within 14 days after declaring the revocation. The customer bears the costs for the return.
11.3 After receipt of the goods the purchase price will be refunded to the consumer. A deduction of the purchase price to be refunded for possible damages or missing goods is reserved. No deduction shall be made if the loss in value is attributable to necessary handling for determining the kind and quality of the goods. Adaptway Online Shop may refuse repayment until it has returned the goods or until the consumer has demonstrated that he/she has returned the goods, whichever is earlier.
11.4 The right of revocation is excluded for the following products:
goods made to customer specifications
goods that are clearly tailored to your personal needs
11.5 Private end users (so-called consumers) resident in the European Union have the following option instead of a right of revocation: goods which are not custom-made or tailored to the personal needs of the customer can be returned within 14 days after receipt of the goods or after returning the required information and fulfillment of the information and other duties in distance sales and e-commerce, without giving any reason for return, provided that the goods are suitable due to their nature to a return and the expiry date of the goods is not exceeded. The timely sending of the goods is sufficient to meet the deadline. The return of individual components of a set is only permitted if these components are also offered for sale individually by Adaptway Online Shop. The customer bears the costs for the return.
11.6 In cases of defects, the return is to be made to Adaptway GmbH, Sandackerstr. 2, CH-5611 Anglikon-Wohlen, Switzerland. The return is at the expense and risk of Adaptway Online Shop. Obligations to reimburse payments will be fulfilled within 30 days of receipt of the return. Adaptway Online Shop is entitled to deduct any value replacement from the purchase price. In the case of a return of individual components of a set, the discount granted by Adaptway Online Shop to all components of a set within the set price expires. The customer is therefore only reimbursed for the returned components of the difference between the set price and the purchase price of the individual parts which he/she retains. Returns in the original packaging and with the settlement of the invoice or the delivery note in a package suitable for secure dispatch simplify the processing.
13. Applicable Law
13.1 Swiss law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG), applies exclusively to the contracts.
14.2 Exclusive court of jurisdiction is Aarau, Switzerland.
14. Final Provisions
14.1 Should a provision of these terms and conditions be invalid, the remaining provisions shall remain valid. The relevant statutory regulations shall apply instead of the invalid provision.