General Terms and Conditions (GTC) of Alpahirt AG
§1 Scope of application
These General Terms and Conditions apply in the version current at the time of conclusion of the contract to all business relationships between Alpahirt AG (hereinafter: we or us) and its customers (you, you).
These terms and conditions are deemed to be accepted with the order of the goods or services. Deviating conditions require written confirmation from us.
The presentation of the products in the online shop is not a legally binding application, but only represents a non-binding online catalogue. If you merely place products in the "shopping basket", this does not constitute a binding order. You do not place a binding order for the products in the shopping basket until you click the "Order" button on the order page. We will then immediately send you a contract confirmation by e-mail, upon receipt of which the contract is concluded. Acceptance is subject to the legal admissibility and availability of the ordered goods or services. You must reorder items that are temporarily unavailable. The availability display in the online shop serves as information, not as a delivery confirmation; it may be inaccurate in exceptional cases. Price fluctuations for products are possible. The price stated at the time of conclusion of the contract is decisive.
§3 Delivery and shipping costs
The specification of specific delivery periods and delivery dates by us is subject to correct and timely delivery by suppliers and manufacturers as well as to the proviso that neither force majeure nor third party influences prevent or delay timely delivery. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, both parties shall be entitled to withdraw from the contract. There shall be no further claims, in particular for damages. As a rule, products are delivered within Switzerland within two working days. Deliveries abroad are not possible.
We will deliver the goods you have ordered to the address specified in the order as quickly as possible. In exceptional cases, products may not be available. In this case you will receive an information email and we will delete the product from your shopping cart. We are entitled to make partial deliveries and partial services at any time, provided that these are reasonable for you. If partial deliveries are made by us, we will pay the additional postage costs. If you are not at home, we have permission to simply leave your delivery at your front door.
Visible differences in quantity must be reported to us in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
For an order up to CHF 50, shipping costs of CHF 9 will be charged according to the terms indicated in the shopping cart. For orders of CHF 50 or more per delivery address, delivery is free of charge.
The delivery area is currently limited to Switzerland and Liechtenstein.
§4 Right of revocation
If you live in a country that provides for a statutory right of withdrawal, you may withdraw from the contract in writing (e.g. by letter or e-mail, or - if the products have already been delivered to you - also by returning the item) within 14 days without stating any reasons. The period begins in each case after receipt of a revocation instruction in accordance with the legal requirements, but not before receipt of the products by the recipient.
In the event of an effective revocation, the performance received by both parties shall be returned. Compensation must be paid for any use already made of the goods.
§5 Retention of title, withdrawal from the contract, amendments
We retain title to the goods until payment has been made in full. If you act in breach of contract, in particular if you do not meet your payment obligation despite a reminder from us, we may withdraw from the contract after setting a reasonable deadline in advance and demand the return of the goods still in your possession. In this case, we shall be entitled to realise the goods after receiving them back. We reserve the right not to enter into a contract if the result of a credit check is negative.
§6 Due date and payment
We only accept the payment methods displayed to you during the ordering process. The purchase price and any shipping costs are due upon conclusion of the contract.
Unless otherwise agreed, invoices are payable within 20 days. We may request payment in advance without giving reasons. The order will then be processed after receipt of payment. Our partner PAYREXX handles the invoicing process for us. For customers who have paid by invoice, the GTC of PAYREXX apply.
Refunds and deposit credits will be refunded to the Alpahirt credit account unless otherwise requested by the customer.
Vouchers will only be redeemed on the terms and conditions shown on the voucher. It is not permitted to sell vouchers or voucher codes without our prior written consent. In the event of payment by means of a voucher, any remaining credit will be credited to the customer's account and automatically applied to the next order. The accumulation of promotions, vouchers and discount codes is not possible.
§7 Warranty and liability
If the delivered goods are defective at the time of the transfer of risk, e.g. manufacturer's defect, or if there is a wrong delivery, we will provide a replacement delivery if possible or we will refund the damaged products. If the replacement delivery fails, you can demand the cancellation of the purchase.
If a defect is due to improper use, storage and handling of the products, any warranty on our part shall lapse.
Our liability for our own fault and that of our employees, legal representatives and vicarious agents is limited to intent.
Alpahirt is responsible to deliver on the requested delivery day. Delivery within the requested delivery window cannot always be guaranteed.
Only the direct purchaser is entitled to warranty claims against us and these are not assignable.The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find. We are not obliged but willing to participate in an out-of-court conciliation procedure.
For returns, please return the affected product to us with a detailed description of the reason and a copy of the invoice with which the product was delivered. The shipping costs are to be borne by you.
§9 Retention of title
The delivered products remain the property of Alpahirt until full payment has been made.
§10 Limitation of liability
Claims for damages against Alpahirt AG as well as against our vicarious agents or assistants are excluded, except in cases of intent or gross negligence. Any liability for consequential damages is rejected.
§11 Customer reviews
If you write a customer review for products offered by us, you grant us the exclusive and unrestricted licence for its further use. We reserve the right not to display or to omit a customer review, or to display it only for a limited period of time, in abbreviated or modified form.
Customer reviews exclusively reflect the opinion of the customers and do not necessarily agree with our opinion.
§12 Alcoholic Beverages
Alcoholic beverages are not sold to persons under 18 years of age. During the ordering process, the customer must confirm accordingly that he/she is 18 years or older. If this minimum age is not reached, the customer's offer will not be accepted and no contract can be concluded. The customer is obliged to provide truthful personal information. Alpahirt reserves the right to request a copy of the customer's ID to determine the customer's age without giving reasons. If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.
§13 Final provisions
The provisions of the Swiss Code of Obligations shall apply. Chur is the exclusive place of jurisdiction for all disputes arising from a contract with Alpahirt. We reserve the right to amend these General Terms and Conditions at any time. The currently binding version of the GTC can be found at www.alpahirt.ch.
Tschiertschen, May 2020