Terms of service

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

Scope of Application

Conclusion of Contract

Right of Withdrawal

Prices and Payment Conditions

Delivery and Shipping Conditions

Liability for Defects

Applicable Law, Place of Jurisdiction

 

1) Scope of Application

1.1 These General Terms and Conditions of ANEEQ GmbH, trading under “ANEEQ GmbH” (hereinafter referred to as the “Seller”), apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By entering their personal data and clicking the button completing the order process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects “PayPal Express” as the payment method during the ordering process, by clicking the button completing the order process they also issue a payment order to their payment service provider. In this case, the Seller hereby declares acceptance of the Customer’s offer, deviating from section 2.3, at the time when the Customer initiates the payment process by clicking the button completing the order process.

2.5 The period for acceptance of the offer begins on the day following the submission of the offer by the Customer and ends upon expiry of the fifth day following submission of the offer.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax, or letter) together with these General Terms and Conditions after the order has been submitted. However, the contract text can no longer be accessed by the Customer via the Seller’s website after the order has been submitted.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer may continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process orders can be delivered.

3) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 The prices stated by the Seller include statutory value-added tax and other price components. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

4.3 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.

4.4 If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT”, the Customer must have an online banking account activated for participation in “SOFORT”, authenticate themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately thereafter by “SOFORT” and the Customer’s bank account is debited. Further information on the “SOFORT” payment method can be accessed by the Customer on the Internet at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer may be separately informed. Further information on “Shopify Payments” can be accessed on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 If the payment method “PayPal” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be accessed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the Customer has opened a PayPal account or already has such an account.

4.7 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice and instant bank transfer. Payment is made directly to Klarna. Further information and Klarna’s terms and conditions can be found here: https://www.klarna.com/ch/agb/.

5) Delivery and Shipping Conditions

5.1 Goods are generally delivered by shipment to the delivery address specified by the Customer. During transaction processing, the delivery address specified in the Seller’s order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment.

5.3 As a rule, the risk of accidental loss and accidental deterioration of the sold goods passes upon dispatch of the goods or upon handover to the commissioned carrier.

5.4 Self-collection is not possible for logistical reasons.

6) Liability for Defects

Statutory liability for defects applies.

 

7) Applicable Law, Place of Jurisdiction

7.1 If the Customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Customer’s place of residence.

7.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of residence or place of business.