GTC of the onlineshop

1. General information and scope

The General Terms and Conditions of Kisag AG (hereafter: “T&Cs”) form the basis for all contractual relations between Kisag AG (hereafter: “Kisag”) and customers and/or their legal successors (hereafter: “customer”) of the www.kisag.ch online shop (hereafter: “online shop”). These T&Cs apply as soon as a customer purchases a product or service from Kisag via the www.kisag.ch website.

The online shop only accepts orders in Switzerland and Liechtenstein. Hence these T&Cs apply only to deliveries to Switzerland and Liechtenstein. For international deliveries, customers should contact export@kisag.ch. Each sale is subject to the most recent version of the T&Cs as published on www.kisag.ch/AGB at the time the purchase is made. Any amendments to the contract, any ancillary agreements and any terms and conditions presented by the customer shall only form part of the contract if Kisag agrees to them first in writing. Online offers apply only while visible on the online shop webpage and while supplies last. The images shown are for illustratory purposes only and are not binding. They may deviate from the final product, particularly in colour and in certain product qualities. Accessories, decorative materials and similar items shown in product images do not form part of the offer unless they are expressly included.

2. Entering into the contract
By sending an order, for which they first expressly agree to these T&Cs, the customer is requesting to enter into a legally binding contract with Kisag. Kisag will send an order confirmation email as soon as the order is received. On sending this order confirmation, both parties enter into a contract with each other. A contract can only be concluded subject to the availability of the product in the order. Products remain property of Kisag until full payment has been received.

3. Prices and payment terms

All prices are listed in Swiss Francs and include VAT as well as all other statutory taxes (e.g., the advance recycling fee (vRG)). Before proceeding to checkout, customers can see the final price, including shipping costs, in their shopping basket. All prices are subject to change at any time, without prior notice. Kisag offers various payment options for purchases from the online shop. In addition to credit card options (Mastercard and Visa), customers may opt to pay via PayPal, Twint or Postfinance. In such cases, the customer completes payment as soon as they place the order. In doing so, the customer does not pay any transaction fees.

If the invoice option is chosen, payment will be processed by Ideal Payment AG, who are commissioned by Kisag to handle payment claims. In such cases, the sale is subject not only to the T&Cs of Kisag, but also to the T&Cs and data privacy policy of Ideal Payment AG.

Payment via invoice is subject to a successful credit check by Ideal Payment AG. For this purpose, personal customer details that are required in connection with payment for the order are forwarded to Ideal Payment AG. The credit checks are based on a statistical mathematical procedure that calculates the probability of a default on payment. For more detailed information, please refer to the General Terms and Conditions of Ideal Payment AG, or visit www.ideal-payment.ch.

Invoices are payable within ten days. Invoices are deemed to have been paid punctually if the amount owed is credited to the payee’s account by the end of the last day of the payment deadline. If the customer fails to settle the amount owed by the payment deadline, and if no specific expiration date has been agreed, the customer shall be sent a reminder indicating that their payment is overdue. In the event of overdue payment, the customer will be charged 5% interest for default plus a late payment charge of CHF 25. Should the customer fail to pay the amount owed even after receiving a second and third reminder, Ideal Payment AG reserves the right to assign the claim to a third party for collection. The costs hereby incurred shall be charged to the customer. Ideal Payment AG calculates the legal costs / collection costs for overdue payments based on the amount of the remaining debt:

Amount of debt in Swiss francs (CHF)
0-150 -> Legal cost / collection costs in Swiss francs (CHF): max. 80.00
150-600 -> Legal cost / collection costs in Swiss francs (CHF): max. 175.00
600-1'000 -> Legal cost / collection costs in Swiss francs (CHF): max. 230.00
1'000 - 10'000 -> Legal cost / collection costs in Swiss francs (CHF): max. 860.00
> 10'000.01 -> Legal cost / collection costs in Swiss francs: 9% of the outstanding debt

Where the customer chooses to pay by invoice via Ideal Payment AG, Kisag remains responsible for customer enquiries concerning delivery times, shipment, returns and warranty claims.

4. Delivery terms and costs
Products that are ordered via the online shop will be delivered to addresses in Switzerland and Liechtenstein. In general, goods are dispatched as A-post parcels (fast delivery) the next working day after the order is received. A delivery charge of CHF 9 is payable on all orders up to a value of CHF 80. We offer free delivery on all orders worth more than CHF 80. Delivery dates are approximate and non-binding for Kisag unless otherwise agreed. The customer cannot assert claims or withdraw from the contract on account of late delivery. Kisag cannot accept liability for delivery delays caused by force majeure, third-party manufacturers or logistic partners. Force majeure also includes strikes, government intervention and shortages of fuel or raw materials, as well as transportation bottlenecks or operational disturbances caused through no fault of our own, e.g., caused by epidemics, pandemics, fire, water or machine damage.

Kisag reserves the right to commission subcontractors and auxiliary helpers in order to deliver the contractually agreed services. Deliveries may be made in instalments. Kisag is only obliged to fulfil orders from its existing stock. Kisag reserves the right to restrict delivery quantities for specific products.

5. Inspecting the product and product warranty rights

The customer must inspect the product immediately on receipt to ensure it is complete and without defect. If the product is defective, the customer must inform Kisag within 5 days, using the returns and warranty form to be found under www.kisag.ch/returns-and-warranty.

Defects that come to light at a later point in time should be reported to Kisag without delay as soon as they are discovered. For this purpose, the customer should use the same returns and warranty form to be found under www.kisag.ch/returns-and-warranty. Kisag will either repair the defective product, or replace it with an identical or near-identical product, or refund the purchase price (rescission of sale). In the case of minor defects, Kisag may suggest a reduction in price. In the event that Kisag chooses to repair or replace the product, the customer is not entitled to rescind the contract, pay a reduced price or claim damages.

Kisag cannot be held liable for damages which were or should have been evident to the customer on receipt of the goods and which were not reported immediately upon discovery and within the warranty period.

Warranty claims expire two years after purchase. To request a repair that is not covered by the warranty, customers can use the repair request form under www.kisag.ch/repair-registration-form (see also clause 6 below). These repairs are subject to a charge. The warranty is null and void if the customer personally or vicariously makes alterations to the product and is unable to prove that the defect in question was not caused in whole or in part by said alterations. Further, the warranty is null and void if the customer does not handle the product correctly.

6. Repairs that are not covered by the product warranty
If the warranty for a Kisag product has expired and a customer requests a repair, Kisag will quote the customer a non-binding price for the work. The customer must follow the guidelines in thehttps://kisag.ch/en/repair-registration-form repair request form when sending in a defective product. The customer shall bear the cost of sending in the product. Where possible, Kisag may offer a substitute device for the duration of the repair work. However, the customer has no legal right to demand a substitute device.

7. Exchanges and refunds

If a Kisag product is without defects, it must be new (unused) and in its original packaging in order to qualify for an exchange or refund. It must have been bought in the online shop within the last 14 days. The receipt must be enclosed. The customer shall pay the postage fees for returning the product. Notification for returns should be sent using the returns and warranty form under www.kisag.ch/returns-and-warranty. If the criteria for a refund are not met, Kisag is entitled to refuse to accept the return. The purchase price for accepted returns will be refunded via the same payment channel that was used for the purchase.

8. Liability

Kisag can only be held liable for indirect and direct damage that is caused culpably or through gross negligence. All other liability for indirect and/or direct damage, subsequential damage or loss of profit is hereby expressly excluded. In particular, Kisag cannot accept liability if incorrect or incomplete information is erroneously published on the online shop webpage.

9. Transportation

Unless otherwise expressly agreed, risk shall pass to the customer as soon as Kisag delivers the goods to the freight forwarder. Hence the delivery is made at the risk of the customer. Kisag will only insure the transportation at the written request and at the cost of the customer.

10. Data privacy

Customer data will be collected and processed in line with the most recent version of Kisag’s Privacy Policy. This can be viewed under www.kisag.ch/en/privacy-policy. The customer hereby expressly consents to allow Kisag to use the personal data that they provided for the performance of the contract in order to contact them with marketing material. The customer will not receive the Kisag newsletter unless they actively subscribe to it. Customers can unsubscribe from the newsletter at any time. Information on how to unsubscribe can be found at the foot of every newsletter.

11. Terminating the contract prematurely

If it is not possible for Kisag to make a delivery to a customer, for reasons for which the customer is responsible, or if the customer violates a legal or contractual obligation, Kisag shall be entitled to withdraw from the contract without compensation. If the contract is terminated prematurely in the above manner, the customer must grant Kisag full indemnity, including indemnity against loss of profits.

12. Final provisions

Should any of the provisions in these T&Cs prove to be invalid, ineffective or unviable, the validity, effectiveness and viability of the remaining provisions remains hereby unaffected. In such cases, both parties agree to replace the invalid, ineffective or unviable part of the T&Cs with a provision that is valid, effective and viable, and which comes as close as possible in spirit to the original intent. Place of performance and court of jurisdiction is Bellach (Switzerland). However, Kisag expressly reserves the right to assert claims at any competent court of law. These T&Cs are subject exclusively to Swiss substantive law and expressly exclude conflicting civil laws (in particular: the Vienna Convention dating from 11 April 1980, and the Hague Convention relating to the settlement of conflicts between the law of nationality and the law of domicile, dating from 15 June 1955, as this relates to the international sale of goods).

Version 06.2022

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