– Datenschutzbestimmungen / Impressum
General Terms and Conditions of Klima Pingu GmbH
1. Scope of validity
Diese Allgemeinen Geschäftsbedingungen (“AGB”) gelten einzig für die Handelstätigkeiten der Klima Pingu GmbH (nachfolgend “Firma”). Die Firma verkauft diverse Produkte über Internetplattformen, hauptsächlich im Bereich Haushalt und Haushaltselektronik.
2. Conclusion of contract
The contract is concluded when the customer accepts the company's offer regarding the purchase of products.
The contract is concluded in any case when the customer orders the products offered by the company via the company's online store or purchases them directly.
3. Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The prices include packaging and shipping costs.
The prices include advance recycling fees.
The company reserves the right to change prices at any time. The prices on the company's website valid at the time the contract is concluded shall apply.
4. Payment
4.1 Terms of payment
The company offers the customer the following payment options: Prepayment, credit card, Twint, on account / installment payment (see 4.2).
Die Firma behält sich vor, jederzeit ohne Angabe von Gründen Vorauskasse zu verlangen.
The invoiced amount may not be offset against any claims the customer may have against the company.
The Company shall be entitled to refuse delivery or provision of services in the event of default in payment.
4.2 Payment on account
Kauf auf Rechnung mit Teilzahlungsoption (POWERPAY)
MF Group / POWERPAY bietet als externer Zahlungsdienstleister die Zahlungsart “Kauf auf Rechnung” an. Mit der Einzelrechnung können Sie Ihren Onlineeinkauf einfach per Rechnung begleichen. Sollten Sie auf eine Zahlung im vorgegebenen Zeitrahmen verzichten, erhalten Sie nachträglich im Folgemonat eine Monatsrechnung mit Bestellübersicht.
Beim Abschluss des Kaufvertrags übernimmt POWERPAY die entstandene Rechnungsforderung und wickelt die entsprechenden Zahlungsmodalitäten ab. Bei Kauf auf Rechnung akzeptieren Sie zusätzlich zu unseren AGB, die <a href="/en/”https://www.powerpay.ch/de/agb”/" target="”_blank”">AGB</a> von POWERPAY. (powerpay.ch/de/agb).
5. Obligations of the company
5.1 Delivery / delivery dates
For air conditioning systems with installation, an installation date will be agreed after receipt of the order. For all other products, the delivery times shown in the product or shopping cart apply.
Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall fulfill its obligations by handing over the ordered products to the agreed forwarding agent. If no forwarder is agreed, the Company shall be free to choose a forwarder. The agreed delivery costs may not be increased by the choice of carrier.
5.2 Auxiliary persons
The parties have the express right to engage auxiliary persons to perform their contractual duties. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
6. Exchange
The customer is entitled to exchange products within 14 (fourteen) days of receipt. However, the products must be in their original packaging and unused. The customer must bear the costs of return and exchange.
7. Warranty
The statutory warranty provisions apply.
The company guarantees the above for a period of 24 (twenty-four) months. A warranty period of 120 (one hundred and twenty) months or 10 years from the date of purchase applies to installed air conditioning units, provided that a service / maintenance contract has been concluded with a partner company for the entire warranty period.
Any defects must be reported to the company immediately. The company shall be entitled to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period for the repaired element begins anew; the original warranty period continues for the remaining elements of the product.
8. Liability
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damages is limited to the contract amount. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is excluded in full.
9. Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner.
Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or other material which the customer receives in connection with these provisions is prohibited unless explicitly authorized by the company.
If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
10. Data protection
The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract. The company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer agrees in full to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties on the orders of courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties.
Furthermore, the data protection regulations apply.
11. Changes
These General Terms and Conditions may be amended by the company at any time.
The new version shall enter into force 30 (thirty) days after notification by the Company.
The version of the GTC in force at the time the contract is concluded shall apply to customers. Unless the customer has agreed to a newer version of the GTC.
12. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
13. Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.
14. Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.
15. Force majeure
If the timely fulfillment by the Company, its suppliers or third parties involved becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
16 Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court on Seat of the company responsible. The company is free to bring an action at the defendant's domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded. excluded.
