Soft Spa GmbH concludes contracts a) with natural persons who are capable of acting, i.e. who are capable of judgment and of age; and with
b) legal entities, each resident in Switzerland (hereinafter referred to as "customers"). Insofar as the application for the conclusion of a contract from an unaccepted participant was inadvertently accepted by Soft Spa GmbH, Soft Spa GmbH is entitled to declare withdrawal from the contract to this unaccepted participant within a reasonable period of time.
2. CONTRACTUAL SUBJECT
Soft Spa GmbH delivers the goods ordered by the customer after accepting the offer to conclude a contract. Should Soft Spa GmbH subsequently recognize that an error has crept into the information about a product, a price or availability, Soft Spa GmbH will inform the customer of this immediately. The latter can confirm the order again under the changed conditions. Otherwise, Soft Spa GmbH is entitled to withdraw from the contract.
3. CONCLUSION OF CONTRACT/RETURN GUARANTEE
3.1 The contract for an offered item is already concluded without an express declaration to the customer when Soft Spa GmbH accepts the offer to conclude a contract (Article 6 of the Code of Obligations). The company Soft Spa GmbH will confirm the acceptance of the offer to the customer to conclude a contract either immediately by e-mail to the e-mail address provided by him or at the latest by carrying out the delivery of the ordered goods.
3.2 Within a cancellation period of 14 days after receipt of the goods, the customer can return the goods to Soft Spa GmbH without giving reasons (= right of cancellation or return). The timely dispatch of the goods is sufficient to meet the deadline. The prerequisite is that the goods are not damaged or visibly used and that the return has sufficient postage. The customer bears the risk of returning the goods and providing proof thereof. If the customer has returned the goods in a timely and proper manner, Soft Spa GmbH will reimburse the customer for the purchase price already paid.
3.3 Should Soft Spa GmbH determine after conclusion of the contract that the goods ordered are no longer available from Soft Spa GmbH is available or cannot be delivered for legal reasons, Soft Spa GmbH can either offer or deliver goods of equivalent quality and price or withdraw from the contract. If the customer does not accept the replacement delivery, he can send it back. The company Soft Spa GmbH will refund payments already received immediately after withdrawal of a part of the contract or after return of a rejected substitute product.
4.1 The goods are delivered at the customer's expense and risk.
4.2 Subject to self-delivery, Soft Spa GmbH will ensure fast delivery.
4.3 Ordered items will be shipped as quickly as possible, depending on availability possible delivered. If an item cannot be delivered immediately, Soft Spa will notify the buyer by e-mail.
4.4 If the item is marked as available for immediate delivery, it will usually be shipped within 48 hours. If the delivery is delayed, the customer will be informed by email.
5.2 The Swiss VAT (7.7%) is included in the prices and is shown separately on the invoice.
5.3 Soft Spa GmbH can change the prices at any time. The prices applicable at the time the contract is concluded are decisive for the individual order.
6. PURCHASE ON INVOICE WITH PAYMENT IN PART (POWERPAY)
6.1 As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”.With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will subsequently receive a monthly invoice with an overview of the order in the following month.
6.2 When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding ones payment modalities. When purchasing on account, you also accept POWERPAY's GTC in addition to our terms and conditions. (powerpay.ch/de/agb).
7. RESERVATION OF TITLE
7.1 The goods remain the property of Soft Spa GmbH until the delivery price has been paid in full.
7.2 If the customer is in arrears with a payment in whole or in part, he stops making payments or there are other justified doubts about his ability to pay, the customer is no longer entitled to dispose of the goods. In this case, the customer undertakes to cooperate with all measures required to protect the property of Soft Spa GmbH.
8.1 Soft Spa GmbH guarantees that the products are free from defects at the time of dispatch that would cancel or reduce their value or suitability for normal use. An insignificant reduction in value or suitability is not taken into account.
8.2 In addition, the customer has potential claims from guarantee declarations by the manufacturers of some products that are enclosed with the products. The customer must check the goods for completeness or any defects immediately after receipt of the delivery, at the latest within one week of receipt. In the event of a deviation, the customer must immediately send a notice of defects to Soft Spa GmbH. In the case of hidden defects, notification must be made immediately after the hidden defect has been discovered within the warranty period.
8.3 Soft Spa GmbH gives a guarantee of between 6-12 months for certain items, provided this relates to technical items that are marked with a guarantee.
8.4 In the event of an incomplete delivery, Soft Spa GmbH will deliver immediately. Incidentally, Soft Spa GmbH initially has the right to either repair the defective item or make a replacement delivery. If the repair is repeatedly unsuccessful or if there is repeatedly no satisfactory replacement delivery, the customer is entitled to either reduce the purchase price or withdraw from the contract (change). are marked as guaranteed or as a "guarantee".
8.6 Soft Spa GmbH does not assume any guarantee for wearing parts or for defects that can be attributed to improper use or above-average use of the goods by the customer.
9.1 Except in the case of a lack of guaranteed properties, fraudulent misrepresentation and the violation of main contractual obligations, Soft Spa GmbH is only liable in the event of intent and gross negligence. Insofar as such a limitation of liability does not conflict with mandatory law, Soft Spa GmbH is also liable in any case exclusively for direct damage; i.e. under no circumstances does the customer have any claims for compensation for damage that has not occurred to the delivered goods themselves, such as damage due to production downtime, loss of use, loss of orders, lost profits and other indirect damage. In the event of default, the customer has the right to withdraw from the contract as an alternative to compensation.
10.1 Only Swiss law is applicable, excluding the UN Sales Convention. The place of jurisdiction is determined according to Art. 22 Place of Jurisdiction Act.
11.MODIFICATIONS TO TERMS
We reserve the right to change the terms and conditions at any time. The terms and conditions as published in the web shop apply.
12.1 The place where the obligations of both parties are to be fulfilled is in 8004 Zurich, Switzerland, where the customer also chooses a special domicile at Soft Spa GmbH in Zurich.
12.2 Should individual provisions of these General Terms and Conditions not be legally effective in whole or in part or later lose their legal validity, this shall not affect the validity of these general terms and conditions. In this case, the parties undertake to replace the ineffective provision with an effective provision which, as far as legally possible, comes as close as possible to the economic purpose pursued with the ineffective provision, taking into account the interests of the parties expressed in these General Terms and Conditions. The same applies if these general terms and conditions have a gap that was not foreseen by the parties.
12.3 All disputes that arise due to the business relationship between Soft Spa GmbH and the customer, including those that arise due to the application of these general terms and conditions are to be judged exclusively by the competent ordinary courts of Aargau, Switzerland, subject to appeal to the Swiss Federal Court. However, Soft Spa GmbH reserves the right to prosecute the customer at the courts of his domicile or at any other competent court.