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1. Scope of the General Terms and Conditions

The following terms and conditions apply to the use of this website or e-marketplace / shop (later called e-marketplace only) and the business relationships between KUNSTHELDEN KLG (hereinafter referred to as KUNSTHELDEN), Hergishalten 12c, 8808 Pfäffikon SZ, Switzerland and their customers (GTC) in the current version of the e-marketplace or when ordering goods. The offer on the e-marketplace is aimed exclusively at customers with Swiss domicile.

A customer is any natural or legal person who maintains business relationships with KUNSTHELDEN as a buyer or as a user of the e-marketplace. The terms and conditions, the terms of delivery and payment, the right of revocation and the privacy policy may be subject to change from time to time. KUNSTHELDEN therefore warns you to read these regulations carefully every time you visit the e-marketplace and every time you order goods.

These terms and conditions apply exclusively. Conflicting, complementary or divergent terms and conditions require the express written confirmation of KUNSTHELDEN in order to be valid. By using the e-marketplace (for example, submitting assessments, using the customer form) or when ordering goods or making an offer, the customer confirms these terms and conditions, including the terms of delivery and payment, right of revocation well as the data protection regulations.

If individual provisions of these terms and conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.

The operator of this website are the KUNSTHELDEN (imprint). The KUNSTHELDEN are exclusively intermediaries between product seller/manufacturer and goods purchaser (hereinafter referred to as customer) and they assume no liability for damage, defects or the like. 

 

2. Information on this e-marketplace

The e-marketplace contains information about products and services. The right is reserved to make changes (for example, price and assortment and technical changes). All information on the e-marketplace (product descriptions, images, videos, dimensions, weights, technical specifications, accessory relationships and other information etc.) is to be understood only as approximate values and, in particular, does not constitute a warranty of any characteristics or warranties unless explicitly stated otherwise. The KUNSTHELDEN assume no liability for information about the products, the sellers/manufacturers. The KUNSTHELDEN does not guarantee that the listed products are available at the time of the order. Therefore, all information on availability and delivery times are without guarantee and may change at any time without notice.

 

3. Prices

The prices on the e-marketplace are net in Swiss francs (CHF, SFr.). The statutory VAT, handling and shipping costs, any credit card costs, etc., as well as any advanced recycling fees (VRG) for Switzerland will be charged to the customer in the ordering process, unless otherwise provided, and will be shown separately on the billing. For price, assortment changes and technical changes as well as any other countries, the respective delivery costs are added. Additional costs for adjustments and specifications are either already included in the price or they are additionally shown on the product and charged to the customer.

We reserve the right to make technical changes, errors and misprints; in particular, the KUNSTHELDNEN and its seller/manufacturers may make price changes at any time and without prior notice. The sales prices do not include any consulting and support services.

 

4. Conclusion of contract

The offers on the e-marketplace are a non-binding invitation to the customer to order products and / or services on the e-marketplace. With the order via the e-marketplace (including the acceptance of these Terms), as well as the settlement of the accrued amount by ADVANCE PAYEMENT, the customer makes a legally binding offer to conclude the contract. Orders are binding on the customer.

A right of revocation (right of return or revocation) of 14 days is granted for standard products (noted on the product page with "standard product available immediately"). No right of revocation is granted for unique items and thus goods that are not in stock and therefore created by customer order or made to customer specifications.

The contract is concluded as soon as the payment receipt of the ADVANCE PAYMENT has been confirmed by the KUNSTHELDEN. Payment must be made by the customer within three days.

Orders are delivered only after full payment and if the goods are available or produced. If, after conclusion of the contract, the ordered goods are not or cannot be delivered completely by the seller/manufacturer, the seller/manufacturer, in agreement with the KUNSTHELDEN, is entitled to revocation from the entire contract or from a contractual part. In this case, the payment will be refunded to the customer. The KUNSTHELDEN are not obliged to substitute deliveries in case of contract termination.

 

5. Payment options and retention of title

The customer currently has the ADVANCE PAYMENT via account payment as a payment method available. Further payment options can be offered by KUNSTHELDEN at any time.

The KUNSTHELDEN are product intermediaries on behalf of the sellers/manufacturers. The products remain the property of the seller/manufacturer until full payment. Payment must be made by the customer within three days.

Further terms and conditions for the payment options can be found under shipping & payment.

 

6. Delivery, inspection, notification of defects and return

Deliveries will be sent to the address indicated by the customer in the order, as noted for each product. With the dispatch the use and risk are transferred to the customer, as far as this is legally permissible. If the delivery is undeliverable or the customer refuses to accept the delivery, the seller/manufacturer may, in consultation with KUNSTHELDEN, terminate the contract by e-mail to the customer by setting a reasonable deadline and charge the costs of the operations. The customer is obligated to inspect the delivered goods immediately after receipt of the delivery and any production defects for which the seller/manufacturer warrants immediately in writing by letter or via his own account under"Return of goods manager"to the responsible seller/manufacturer indicated in the delivery note (for example contact person, company etc.). The respective seller/manufacturer clarifysin advance the complaint and confirms the return or clarifies the further procedure with the customer directly.

Returns are at the expense and risk of the customer. The customer must return the goods in its original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the specified responsible seller/manufacturer return address. The KUNSTHELDEN are not the contact person for defects, but the seller/manufacturer. These contact details and the return address of the responsible person, company etc. can be found on the delivery note.

If, during the inspection by the seller/manufacturer or KUNSTHELDEN, the goods show no identifiable defects or they are not covered by the seller/manufacturer's warranty, the KUNSTHELDEN or the seller/manufacturer can undertake the activities, the return or the eventuality disposal must be invoiced to the customer.

Further conditions for delivery and shipping as well as to complaint of defects and return you will find under the links delivery and payment and right of revocation.

 

7. Right of revocation

We grant a right of revocation (return or right of revocation) to standard products of 14 days (noted on the product page with "standard product in stock"). The period begins upon receipt of the item or for services and digital content that is not made available on a hard disk to run with the conclusion of the contract. The deadline is deemed to have been met if the customer submits the written revocation via his own account under "Return of goods manager" within the deadline.

 

8. Exclusion of the right of revocation

As already mentioned in point 4 ("contract conclusion"), the right of withdrawal is excluded when the payment has arrived, the contract has therefore been concluded and it is a product or other goods excluded from the right of withdrawal. These concerns, for example, goods that are not in stock and therefore created by customer order and / or made to customer specifications. In this case, the seller's warranty obligation with regard to the created products and goods (see Chapter 9 "Warranty" and Chapter 6 "Delivery, Inspection Obligation, Notification of Defects and Return" of the General Terms and Conditions shall continue to apply.

Detailed rules on the exclusion of the right of revocation and when this is done, can be found under right of revocation.

 

9. Warranty

The KUNSTHELDNEN are intermediaries between the seller/manufacturer and the goods purchaser (customer) and assume no liability for damages and defects, these are the responsibility of the seller/manufacturer.

In the case of deficiencies notified in good time, the seller/manufacturers assume the warranty for freedom from defects and functionality of the goods purchased by the customer during the statutory warranty period of usually two years from the date of delivery. It is at the discretion of the seller/manufacturer to provide warranty by free repair, equivalent replacement or by refund of the purchase price. Further claims are excluded.

The warranty does not cover normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as deficiencies due to external circumstances. Likewise, the warranty for consumable and wear parts (such as batteries, rechargeable batteries, etc.) is waived.

The KUNSTHELDEN does not guarantee the topicality, completeness and correctness of the data as well as the constant or undisturbed availability of the e-marketplace, its functionalities, integrated hyperlinks and other content. They are not liable for the infringement of rights of third parties by the use of the e-marketplace or unavailable goods of the seller/manufacturer.

 

10. Exclusion of liability

The KUNSTHELDEN excludes all liability, regardless of their legal grounds, as well as claims for damages against the KUNSTHELDEN and any assistants and vicarious agents. The KUNSTHELDEN are not liable in particular for indirect damages and consequential damages, loss of profit or other personal, property and financial losses of the customer. Reserved remains a further mandatory legal liability.

The KUNSTHELDEN does not guarantee the topicality, completeness and correctness of the data as well as the constant or undisturbed availability of the e-marketplace, its functionalities, integrated hyperlinks and other content. You are not liable for the infringement of third-party rights through the use of the e-marketplace.

The liability of goods purchased by customers is also subject to the seller/manufacturer and not KUNSTHELDEN. Sellers can provide their own additional information in their sales ads. The KUNSTHELDEN are excluded or not affected by these supplementary agreements with the customer. Here are the terms and conditions of KUNSTHELDEN (see point "Scope of the general terms and conditions").

 

11. Exclusion of liability for links

References and links on the e-marketplace of third parties are outside the area of responsibility of KUNSTHELDEN. It rejected any responsibility for such websites. The access and use of such websites are at the user's own risk.

 

12. Data protection

KUNSTHELDEN may process and use the data included in the contract to fulfill the obligations arising from the purchase contract and use it for marketing purposes. The data necessary for the fulfillment of the performance can also be passed on to commissioned service partners, the seller/manufacturer or other third parties.

The further data protection regulations are available under the following link data protection.

 

13. Copyrights

The copyright and all other rights to content, video, photos or other files on the e-marketplace belong exclusively to the KUNSTHELDEN or the specifically named rights holders. For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.

Cost-free and contract-free images, as well as images and video without limited use in terms of time, uses, etc. from sources of third parties, can also be used on the e-marketplace. These do not belong to the KUNSTHELDEN or specifically named right holders, as they come from image portals. These rights holders are not named or usually unknown.

 

14. Further definitions

The KUNSTHELDEN expressly reserve the right to change these terms and conditions at any time without notice.

In the event of disputes, only material Swiss law shall be applied, excluding conflict of law rules. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Pfäffikon SZ, Switzerland, insofar as the law does not provide for mandatory jurisdiction. 

 

15. Contact the seller

If you have any questions about the products, delivery, etc., please contact the seller / manufacturer via the "My messages" area.

 

16. Contact

If you have any questions about these terms and conditions, please contact us using the "Contact form" or the "Return of goods manager" area.

Version 13nd of January 2020

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