ONLINE GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. Operator of the online shop / Contract partner
Operator of the online shop and your contract party is LK International AG, Rothusstrasse 24, CH-6331 Hünenberg (”Kjus”)
Trade register: CHE-101.184.535
CEO: Nico Serena
Telephone: +41 41 7480808
Fax: +41 41 7480800
2.1. The present General Terms and Conditions (hereinafter called “GTC”) apply to all contracts agreed between you as the customer and us as the operator of the online shop https://www.kjus.com (hereinafter called ”we” or “Kjus”). When starting the order process, you acknowledge the GTC in the version applicable at the time of your order.
2.2. We only sell our goods in standard retail quantities. The offer in this online shop is aimed exclusively at adults with legal capacity.
2.3 Contract terms to the contrary, including any terms that you declare to be applicable at the time of accepting the contract, only apply if and to the extent that we have accepted them explicitly and in writing.
3. Contract conclusion
3.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
3.2. A binding order is only triggered once you have entered all of the data required for contract performance, have acknowledged the General Terms and Conditions and have clicked on the button “Order and Pay”. Until you click this button, you can add products to your basket non-bindingly and change your data with the help of the correction aids as provided by and explained in the order process. When you send the order, this is treated as your offer to us to conclude a contract.
3.3. Once you have submitted your order, you will be sent an automatically generated confirmation of receipt for your order by email. This contains the data for your order and these General Terms and Conditions, which you can save and print. A contract is not yet agreed based on this confirmation of receipt; the confirmation of receipt merely documents that we have received your order.
3.4. The contract is concluded once we confirm that we accept it. We confirm that we have accepted the contract by sending you an invoice within 2 days, by confirming the order (order confirmation) within the same time period, by confirming via email that the goods have left our warehouse (confirmation of dispatch) or by delivering the goods to the address selected by you. If you have chosen to pay via Paypal, the contract is already agreed when you confirm your payment instruction to Paypal.
3.5 The contract is only agreed for the items explicitly listed in our invoice, order confirmation or confirmation of dispatch. The scope of performance is limited to these listed items.
3.6 The language available for the conclusion of the contract is English.
4. Prices, dispatch and delivery
4.1 The prices indicated in the online shop are effective prices, i.e. they include all price components including the applicable Swiss VAT. If you should be domiciled outside Switzerland, the order in our online shop may lead to additional tax and custom payments. You are responsible for the compliance with the respective foreign tax and custom laws and for any payments resulting thereof.
4.2 Delivery costs are added to the displayed product prices depending on the respective order value. In addition, we will inform you of any delivery costs that you must pay in the context of the order process. Find out more about delivery costs under https://www.kjus.com/l/faq/fragen-zu-versand-lieferung.
4.3. Where possible, our deliveries are delivered personally but without verifying the identity of the recipient at your delivery address. If nobody is present at the delivery address, the parcel may also be left in the letter box if this is possible given the size of the parcel. Otherwise, delivery is treated as failed and another attempt will be made at the next opportunity after prior announcement.
4.4 We will inform you immediately if an item is not available. If we do not receive sufficient supplies even though we have submitted orders to this effect with reliable suppliers, and this is not our fault, we are relieved from our duty to perform and can withdraw from the contract. We will inform you immediately if an item is not available and reimburse you for any payments made if we have to withdraw from the contract.
4.5 Our service is an obligation to send, and is performed when the goods are handed over to the carrier. After dispatch, risk of incidental deterioration of the goods and of incident loss of the goods is transferred to you. We are not responsible for misconduct on the part of the carrier.
4.6 The delivery times provided in our online shop or our order confirmation are non-binding and calculated from the time that the order is sent – assuming that a contract has been agreed. Please find more information regarding the delivery times and the available delivery methods under FAQ https://www.kjus.com/l/faq/fragen-zu-versand-lieferung.
5. Instruction on withdrawal
Consumers have the following right of withdrawal:
You have the right to withdraw from the contract within fourteen (14) days without providing reasons.
The withdrawal period is fourteen (14) days from the date on which you or a third party appointed by you, who is not the carrier, have/has taken ownership of the last ordered item.
In order to exercise your right of withdrawal, you must inform us (LK International AG, Rothusstrasse 24, CH-6331 Hünenberg, firstname.lastname@example.org, Tel.: +41 41 748 08 08) of your decision to withdraw from the contract in an unequivocal declaration (e.g. a letter sent by post, a fax or an email). You can also use the attached template withdrawal form for this purpose, but this is not a requirement.
In order to meet the withdrawal deadline, it is sufficient for you to send the notification that you wish to exercise your right of withdrawal before the expiration of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we must reimburse you for all payments that we have received from you, including the delivery costs (except for any additional costs incurred because you chose a different delivery method from the cheapest standard delivery method offered by us) immediately and at the latest within fourteen (14) days from the date on which we received the notification of your withdrawal from this contract. We will use the same payment method for this repayment that you used in your original transaction, except where we explicitly agreed on a different payment method with you; we will not charge you a fee for this repayment. We can refuse to make a repayment until we have received back the goods or you have provided evidence that you have returned the goods, whichever is earlier.
You must return or transfer the goods immediately and in any case at the latest within fourteen (14) days from the date when you informed us that you wish to withdraw from this contract, to us.
The goods has to be returned to:
- LK International AG, c/o Barth + Co. Kontraklogistik GmbH & Co. KG, Lindbergstrasse 3, DE-85399 Hallbergmoos
The deadline is deemed to have been met if you send the goods before the period of fourteen (14) days expires. We shall bear the costs of returning the goods. You must only compensate for any reduction in the value of the goods if the goods reduced in value because you handled them in a way that was not required to check the quality, features and functionality of the goods.
The right of withdrawal does not apply to contracts for the delivery of sealed goods, which are not suitable to be returned for reasons of hygiene or health protection, if you removed the seal after delivery.
The right of withdrawal also does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or choice by the consumer is necessary or that are uniquely tailored to the personal requirements of the consumer.
Please use the return label provided with the goods to return the items for free; this is not a requirement to exercise your right of withdrawal.
Template withdrawal form
(If you would like to withdraw from the contract, please complete this form and return it to us.)
– To LK International AG, Rothusstrasse 24, CH-6331 Hünenberg, email@example.com
- I/we (*) hereby wish to withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods(*)/ the provision of the following service (*):
- Ordered on(*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer/s (only for paper version)
(*) Cross out if not applicable
6. Retention of title
6.1 We retain ownership of the delivered goods in all cases until we have received full payment of the invoice amount (final credit of the total purchase price without any reservation). We may make an entry to that effect in existing retention of title registers. If you are an entrepreneur performing your commercial or self-employment activities, a legal person by public law or special assets under public law, we retain title to the items of purchase until all unpaid receivables from the business relationship with the customer have been settled. The relevant security rights may be assigned to third parties.
6.2 You only have a set-off right if your counterclaims have been determined to be legally valid, undisputed by us or ready for a legal decision.
6.3 In addition, you are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship. In case of delivery defects your respective rights and remedies are not affected. The customer’s corresponding rights are not affected if the delivery is defective.
7. Payment methods/Vouchers
7.1. For orders in our online shop, you can use the payment methods offered in the checkout.
We reserve the right to assign or pledge any purchase price claims, including any instalments, default interest and reminder fees, incurred in the context of the deliveries of goods to third parties.
9. Obligation to examine the goods and report defects, liability for defects
9.1 Unless explicitly agreed otherwise below, statutory Swiss defect warranty law shall apply. However, warranty is excluded to the maximum extent permitted by Swiss law. If warranty nonetheless applies, the conditions as set out in Section 9.5 are applicable. The aforementioned limitations do not apply to claims based on damage caused by us, our legal representatives or agents
- in the case of a loss of life, bodily harm or damage to health
- in the case of an intentional or grossly negligent violence of duty or malice
- if any mandatory Swiss law is to the contrary.
9.2 You must examine the delivered products as soon as this is possible according to the usual business processes and inform our customer services of any defects immediately (firstname.lastname@example.org). If you fail to do so, the products are deemed to have been approved. Approval is deemed to have been given to the extent that you do not report a defect to our customer service by email within 8 days of delivery.
9.3 You must inform our customer services (email@example.com) of any defects, which could not be identified during the check pursuant to the previous section, as soon as you discover them. Otherwise, the ordered products are deemed to have been approved in relation to these defects.
9.4 The defective product must be returned together with a copy of the invoice and a detailed description of the defect. The customer is informed of the return address once a written complaint has been received by email. We will provide you with an address ticket and we will bear the return costs.
9.5 We provide a warranty by correcting defects. This is done at our option either through supplementary performance, i.e. defect correction (rectification) or delivery of a defect-free item (replacement). Products returned by customers become our property again.
9.6 If supplementary performance fails, you may withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded. This exclusion of liability also covers all claims competing with warranty rights, such as from the contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR.), etc.
9.7 You will not receive guarantees in the legal meaning from us. This of course does not affect manufacturer warranties. We do not accept liability for descriptions by third parties, particularly by other customers in the context of the customer ratings published in the context of the online shop or our social media presences.
10. Damage during transport
If the delivered items were clearly damaged during transport, please report such defects to the carrier as soon as possible and contact us [firstname.lastname@example.org] immediately. If you do not make a complaint or make contact with us in a timely manner, this does not affect your legal claims and enforcement, particularly your warranty rights. You would, however, help us to assert our own claims against the carrier or transport insurance.
11.1 These GTC conclusively specify all cases of contract violations and their legal consequences, as well as all claims by you regardless of their legal reason. Other claims asserted by you – regardless of their legal reason – are excluded, except for the cases mentioned under 11.2. We, our agents and any assistants, are not liable for damages beyond those to the items themselves, and particularly not for consequential damages, lost profits or other financial losses.
11.2 The restriction in 11.1 above does not apply
• in the case of a loss of life, bodily harm or damage to health
• in the case of an intentional or grossly negligent violence of duty
• in the case of guarantee undertakings, if agreed
• to the extent that any mandatory Swiss law to the contrary is applicable.
12. Data protection
12.1 The collection and processing of your personal data by us is set out in the Privacy Statement. This forms an integral part of these GTC. The Privacy Statement can be accessed via https://www.kjus.com/l/datenschutz.
12.2 You hereby agree that the personal data entered by you in the course of using the website may be saved for the purpose of contract processing. In addition, you agree to the use of your personal data to personalise the ads and product offers shown on the website. In addition, you agree that we may pass on your data to selected KJUS retailers.
12.3 Apart from that we only use your data in legally permissible cases (e.g. for advertising by letter or for target-group-specific online ads). To the extent that we use your data for a purpose requiring your approval according to the legal requirements, we will ask you for your explicit approval. You may revoke any approval that you have given at any time and/or object to the future use of your data.
13. Applicable law and jurisdiction
13.1 Swiss law applies exclusively. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
13.2 The relevant competent court of Hünenberg is exclusively responsible for any disputes resulting from or in connection with these General Terms and Conditions, any order of you in our online shop and any contract that is agreed upon between you and us based on your order.