General Terms and Conditions
for Online Trading - Pavati GmbH

1.         Scope of application

1.1 These General Terms and Conditions apply to all orders placed by customers via the online shop of Pavati GmbH, Früeblistrasse 3a, CH - 8157 Dielsdorf, hereinafter referred to as Pavati GmbH.

1.2 With the confirmed order these General Terms and Conditions are accepted by the customer.

2.         Offer and contract conclusion

2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to order.

2.2  By clicking the button (Order) the customer places a binding order for all products listed on the order page.

2.3 Immediately after receipt of the order, Pavati GmbH shall confirm the order via email. The purchase contract is concluded immediately in the case of non-physical goods, and by delivery in the case of physical goods.

3.         Prices and shipping costs

3.1 The prices stated on the product page are inclusive statutory value added tax for end consumers and exclusive statutory value added tax for dealers (dealer login). All prices do not include other price components (shipping costs, packaging) and are quoted in Swiss francs (CHF). The exact shipping costs are displayed to the customer and dealer during the order process.

3.2 No further taxes or costs incur (with the exception of customs duties for deliveries abroad).

3.3 The provider reserves the right to change prices at any time. For customers, the prices published on the website on the order date apply.

4.         Terms of delivery

4.1 The delivery of physical goods takes place within Switzerland and Liechtenstein.

4.2 Unless otherwise stated in the offer, the delivery time for Switzerland and Liechtenstein is 1 to 2 working days. If a longer delivery period is necessary, the customer will be informed at the latest after expiry of this period. If no information is provided, the customer is entitled to waive delivery.

4.3 In case not all ordered products are on stock, Pavati GmbH shall be entitled to make partial deliveries.

4.4 If the delivery of goods fails due to the fault of the customer despite three delivery attempts, Pavati GmbH may withdraw from the contract. Any payments made will be refunded immediately.

5.         Terms of payment

5.1 Payment for customers in Switzerland and Liechtenstein shall be made either by invoice or via one of the specified payment service providers such as credit cards, PayPal or
PostFinance.

5.2  For payment by invoice, the payment period shall be 10 days. Pavati GmbH shall be entitled to charge the defaulting customer for its expenses in the dunning process. We reserve the right to take legal steps to enforce the debt.

5.3 When paying by credit card, PostFinance or Paypal, the customer's account is debited at the time the order is placed. In the event of a possible rejection of payment, the customer is automatically in default.

5.4 A set-off with not recognised or not legally established counterclaims of the customer is excluded.

5.5 The customer may only exercise a right of retention if the claims are based on the same contractual relationship.

6.         Retention of title

The goods remain the property of Pavati GmbH until full payment has been made. Prior to transfer of ownership, using, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Pavati GmbH.

7.         Right of revocation

7.1 Consumers have the right to withdraw from the contract within 14 days of receipt of the goods. The revocation must be sent to Pavati GmbH in writing via email (info@pavati.ch) or letter. The date of dispatch of the revocation is decisive for compliance with the deadline. A reason for the revocation is not necessary. The declaration of revocation is to be addressed to:

Pavati GmbH, Früeblistrasse 3a, CH - 8157 Dielsdorf or to info@pavati.ch

7.2 The exercise of the right of revocation leads to the conversion of the purchase contract into a reverse transaction, according to which the services received within the scope of the purchase contract must be refunded. The consumer must return the goods received with the original packaging and unused to Pavati GmbH within 14 days of declaration of revocation. The costs for the return shipment shall be borne by the consumer.

7.3 Upon receipt of the goods, the purchase price, if already paid, will be refunded to the consumer immediately. We reserve the right to deduct the purchase price to be refunded for possible damage to the goods. No deduction shall be made if the loss in value is due to a handling of the goods necessary to determine their nature, condition and functional capability. Pavati GmbH may refuse repayment until it has received the goods back.

7.4 The right of revocation is excluded for the following points:

  • Product individualisations that are clearly tailored to the personal needs of the customer
  • Services which have already been fully provided or the execution of which has already begun

8.         Warranty

8.1 Pavati GmbH warrants that the goods correspond to the assured characteristics, have no defects that impair their value or suitability for the intended use and comply with the prescribed services and specifications. Pavati GmbH reserves the right to remedy an existing defect in the sense of subsequent improvement or replacement delivery.

8.2 The buyer has to inspect the delivered goods as quickly as possible and report any defects immediately to our customer service: info@pavati.ch

8.3 If subsequent improvement or delivery fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to reduction is excluded.

9.         Contract duration, authorisations and cancellation of subscriptions

Subscriptions are concluded for a certain period of time. Normally this period is 12 months. Each subscription entitles one person, unless otherwise agreed, to unrestricted use during the term of the contract. Before the subscription expires, the customer receives an invoice for the extension of the contract for the same period. Pavati GmbH must be notified in writing of any termination within 30 days of this date. At the same time as the termination, the access authorisation expires.

10.         Passwords/secrecy        

In the case of products made available online, the customer undertakes to treat the access data provided for the system and the passwords set up for this purpose as strictly confidential and with utmost care. Pavati GmbH reserves the right to terminate the right of use immediately if multiple use of access data of an individual authorised person is discovered.

11.         Copyright

The content and structure of the products published by Pavati GmbH and the entire internet offering are protected by copyright. The use of contributions and working aids for the customer's own use is permitted, but full or partial commercial distribution requires the explicit consent of Pavati GmbH.

12.         Liability

Pavati GmbH excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes. Pavati GmbH assumes no responsibility for errors that are not within its area of responsibility, in particular for operators of telecommunications services, the hosting provider or other third-party service providers.

13.         Place of jurisdiction and applicable law

The contractual relations between the customer and Pavati GmbH are subject to Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11stApril 1980. The ordinary courts of Zurich shall have jurisdiction over any disputes arising from these contractual relations.

14.         Information concerning data protection

Please take a look at our Privacy Policy.

15.         Final provisions

If parts of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced analogously by the relevant statutory provisions.

 

Regensberg, 10.10.2018