General terms and conditions (GTC) and customer information Status February 9th, 2023
1.1. These terms and conditions of the online shop 'gelblaster-shop.ch' and 'gelblaster.ch' represented by Miyagi AG, Rosenstrasse 2, 6010 Kriens (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller regarding of the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2. A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their 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 their independent professional or commercial activity.
2. CONCLUSION OF CONTRACT
2.1. The presentation of our product range does not represent a binding offer in the legal sense, but is non-binding and subject to change. Product images are exemplary and may differ from the end product.
2.2. When the customer electronically sends the order to the seller in our online shop, the customer submits a binding offer to us to purchase the listed products. There is no right of withdrawal.
Right of Withdrawal The customer can cancel his order in writing (by e-mail and stating the order number) within 14 days of receipt of the goods without giving reasons. The return must be unused and in perfect condition in the original packaging. The return is at the expense and risk of the customer. Products that are sealed or sealed in plastic can only be returned if they are unopened. Articles that are specially procured for the customer are excluded from the right of withdrawal. Any damage caused by careless handling or defective packaging when returning the goods shall be borne by the customer. After receipt of the goods, any purchase price already paid will be refunded to the customer.
2.3. A contract for the ordered goods is formed as soon as the customer has received a written order confirmation from the seller or he has received the ordered product.
2.4. Only the German language is available for the conclusion of the contract.
2.5. Order processing and contacting take 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 the 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 to process the order can be delivered.
3. PRICES AND PAYMENT TERMS
3.1. The prices quoted by the seller include statutory VAT and packaging material. VAT and shipping costs will be charged to the customer. They are shown separately before each order.
3.2. Payment is by credit card, PayPal or Twint. In the case of prepayment, the seller sends the goods only after receipt of payment. If the delivery on account payment method is selected, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative. The purchase contract is only concluded with full payment.
3.3 For express shipments expressly requested by the customer, the additional costs for the postage will be charged to the customer.
4. DELIVERY AND SHIPPING TERMS
4.1. Goods are regularly delivered by post or courier to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
4.2. If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
4.3. In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer when the goods are dispatched or handed over to the transport person commissioned.
4.4. The obligation to deliver does not apply if the seller himself is not supplied correctly and on time. In the event of delays or unavailability of the goods, the customer will be informed immediately. In the event of non-delivery, the purchase price will be refunded.
4.5. Shipping is always at the risk and expense of the customer. The seller is free to choose the type of shipment.
4.6. Partial deliveries are permitted. In this case, the seller pays the additional postage costs.
4.7. Upon receipt, the customer must notify the carrier, forwarding agent or delivery agent of the loss or externally visible damage to the transported goods and notify the seller.
4.8. The customer must check the delivered goods within 14 days and report any defects immediately in writing. If the customer fails to do this, the deliveries and services are deemed to have been approved.
5.1. The warranty period is 1 year from the delivery date. Customer claims for defects 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. Conversion is excluded.
5.2. The warranty expires prematurely if the customer or a third party makes improper changes or repairs or if the customer, if a defect has occurred, does not immediately take all appropriate measures to reduce the damage and gives the seller the opportunity to remedy the defect.
5.3. Excluded from the warranty and liability are defects that are not demonstrably the result of poor material, faulty construction or defective execution, but specifically as a result of natural wear and tear, poor maintenance or storage, disregard of usage regulations, excessive stress, unsuitable operating materials, chemical, electrical or electrolytic Influences, as well as due to 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 significantly reduce their protective effect.
Any liability of the seller for damage arising in connection with the products is excluded to the maximum extent permitted by law. This applies in particular to direct and indirect damage, property damage and personal injury, direct and indirect damage, lost profits and consequential damage, damage to third parties, etc.
7. GOVERNING LAW, JURISDICTION AND OTHERS
Swiss law is applicable to this contract to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) and the conflict of laws.
The exclusive place of jurisdiction is at the registered office of the seller. Should a provision of these GTC be or become void, the validity of the other provisions shall remain unaffected.
The Seller may unilaterally amend these GTC at any time.