General terms and conditions of business
- 1. Applicability of the terms and conditions
All deliveries, services, and offers from the online shops of VANATICS AG are subject exclusively to these General Terms and Conditions, even if they are not expressly agreed upon again. By ordering goods or services, these terms and conditions are deemed accepted. Any general terms and conditions of purchase of the customer are hereby rejected. Deviations from these General Terms and Conditions are only valid if confirmed in writing by VANATICS AG.
- 2 Offer and conclusion of contract
The offers of VANATICS AG in price lists and advertisements do not constitute a legally binding offer in the commercial sense, but rather an invitation to the customer to submit a binding purchase price offer for the respective goods.
By clicking the order button on the online shop, the customer submits a binding order for the products listed on the order page. VANATICS AG confirms receipt of the order immediately upon its arrival. Orders are only binding for VANATICS AG after written order confirmation. If, after order confirmation, it is determined that delivery of the goods is not possible or that a pricing error has occurred, the order will be canceled. In the case of pricing errors, if the goods have already been delivered, the customer will be charged the price difference. In the event of pricing errors, the customer is entitled to return the goods to VANATICS AG if they do not agree to the subsequent charge for the price difference. In any case, the customer cannot assert any further claims against VANATICS AG or any supplier.
The information in the sales documents (drawings, illustrations, dimensions, weights and other specifications) is to be understood as a guide only and does not constitute a guarantee of properties unless it is expressly designated as binding in writing.
If there are indications that the customer is not creditworthy or unable to meet their payment obligations, VANATICS AG is released from its delivery obligation.
- 3 prizes
The prices stated in the order confirmation are binding. These are fixed at the time of ordering for items in stock. In case of supply shortages or special orders, the daily price on the day of ordering applies. Prices are quoted in Swiss francs, including VAT, and, unless otherwise agreed, excluding shipping costs. Current prices are published in the online shop; prices are subject to change and errors.
- 4. Delivery conditions
Delivery is only available to delivery addresses within Switzerland and the Principality of Liechtenstein.
Delivery dates and deadlines are non-binding unless expressly agreed otherwise in writing. Any delivery dates and deadlines specified by VANATICS AG are subject to the correct and timely delivery to VANATICS AG by its suppliers and manufacturers.
Visible discrepancies in quantity must be reported in writing to VANATICS AG and the carrier immediately upon receipt of the goods. Concealed discrepancies in quantity must be reported in writing within 4 days of receipt of the goods. Complaints regarding damage, delay, loss, or inadequate packaging must be reported immediately upon receipt of the shipment.
- 5. Default of acceptance
If, after the expiry of a grace period granted to the customer, the customer refuses to accept the delivered goods or declares that he does not wish to accept the goods, VANATICS AG may refuse to fulfill the contract and claim damages for non-performance. VANATICS AG is entitled to claim, at its discretion, either a lump sum of 25% of the agreed purchase price or compensation for the actual damages incurred from the customer.
- 6. Transfer of Risk
The risk passes to the customer as soon as the shipment has been handed over to the carrier. If shipment is delayed or becomes impossible through no fault of VANATICS AG, the risk passes to the customer upon notification of readiness for shipment. Any agreement in individual cases for VANATICS AG to bear the transport costs does not affect the transfer of risk.
- 7. Warranty/Guarantee
VANATICS AG or the supplier/manufacturer guarantees the ordered product to be free from defects and to function properly for 2 years after delivery or collection at a VANATICS AG location, unless deviations have been expressly agreed upon in writing.
If the operating or maintenance instructions are not followed, modifications are made, parts are replaced, or consumables are used that do not conform to the original specifications, all warranty/guarantee claims are void to the extent that the defect is attributable to these actions. This also applies to defects resulting from improper use, storage, or handling of the equipment, or from unauthorized tampering or opening of the equipment.
Minor deviations from the promised characteristics of the goods do not give rise to any warranty or guarantee claims. Liability for normal wear and tear, as well as for consumables/accessories/enclosed batteries/enclosed or built-in rechargeable batteries, is excluded.
In the event of a warranty claim, the customer is entitled to repair, replacement, or contract rescission. VANATICS AG reserves the right to choose the method of remedy. If VANATICS AG decides to rescind the contract, a credit note will be issued at the current market price (up to a maximum of the selling price at the time of order).
The warranty period is not interrupted by any warranty claim, but continues to run.
Replacing parts, assemblies, or entire devices does not extend the warranty period. VANATICS AG does not cover the costs of installation and removal in the event of a warranty claim.
Warranty claims against VANATICS AG are only available to the direct customer and are not transferable.
The statutory warranty is completely excluded.
- 8 returns
Customers have the right to return goods within 14 days of delivery. The right of return is exercised by returning the goods, which must be unopened and unused. The return request must be registered via the customer account in the online shop; a return label will then be sent by VANATICS AG via email.
Products that VANATICS AG has procured at the customer's request are excluded from return in any case.
Exercising the right of return transforms the purchase agreement into a reversal relationship, according to which the services received under the purchase agreement must be refunded.
Upon receipt of the goods, any purchase price already paid will be credited to the customer's account. However, a deduction from the refundable purchase price or an invoice for any damage, excessive wear and tear, or, if agreed upon, shipping costs remains reserved. VANATICS AG may refuse the credit note until they have received the returned goods or the customer has provided proof of return shipment, whichever is earlier.
For returns of defective goods, VANATICS AG requires that the defective part or device be sent or delivered to VANATICS AG along with a completed repair form and a copy of the invoice with which the device was delivered.
The customer is responsible for ensuring that the goods being returned are packaged securely for transport. Damage to or loss of goods due to improper packaging will be charged to the customer. If the customer entrusts the goods to a transport company, the customer bears the risk for their safe transport. The transfer of risk to VANATICS AG only occurs upon the goods' arrival at VANATICS AG.
When sending in a device for repair or return, the customer is responsible for ensuring that all data on it is deleted and backed up, as data loss may occur during the repair process. VANATICS AG accepts no liability for data loss, unauthorized access by third parties, or similar issues.
- 9 Payment
Invoices are payable in cash or within 10 days, depending on the agreement. A payment is only considered complete when VANATICS AG has received the funds. Available payment methods are published in the online shop.
If payment is not received within the aforementioned period, the customer will be in default, entitling VANATICS AG to charge interest at a rate of 5% from the date of default. During the period of default, VANATICS AG is also entitled to withdraw from the contract, reclaim the delivered goods, and claim damages for breach of contract. All claims become due immediately if the customer defaults on payment, culpably fails to comply with other material obligations under the contract, or if VANATICS AG becomes aware of circumstances that could impair the customer's creditworthiness, in particular, suspension of payments, the commencement of composition proceedings, or bankruptcy proceedings. In these cases, VANATICS AG is entitled to withhold any outstanding deliveries or to execute them only against prepayment or provision of security.
In exceptional cases, VANATICS AG reserves the right to require prepayment if the standard credit check recommends it. If the customer fails to make the prepayment after two reminders, VANATICS AG will withdraw from the contract five business days after the second reminder, and the goods will be offered for sale again. The resulting additional expenses incurred by VANATICS AG will be invoiced to the customer at a rate of CHF 150.
- 10 Reminder and collection fees
If the customer defaults on payment, VANATICS AG will send reminders by email, mail, or telephone. VANATICS AG reserves the right to charge a reminder fee (CHF 10) for each reminder issued. In the event of unsuccessful reminders, VANATICS AG may assign the claim to a third-party debt collection agency. The debt collection agency will pursue the outstanding amounts in its own name and for its own account and may charge additional processing fees.
- 11 Small quantity surcharge
For orders up to CHF 499, VANATICS AG charges a small order surcharge of CHF 15. This surcharge is waived if the customer collects the goods directly from VANATICS AG.
- 12 Limitation of Liability
Claims for damages arising from impossibility of performance, breach of contract, negligence in the formation of the contract, and tort are excluded against both VANATICS AG and its agents and substitutes, unless caused by intentional or grossly negligent conduct. All liability for consequential damages resulting from the use of the products is excluded.
- 13 Copyrights / Software Warranty
If software is included in the delivery, it is provided to the customer solely for one-time resale or for their own use; that is, the customer may neither copy it nor make it available to others. Software is excluded from all warranty provisions on forms. Only the manufacturer's license agreement applies. Company names, brands, trademarks, trade names, images, and logos used on the VANATICS AG online shop are the property of their respective owners.
- 14 Data protection
VANATICS AG is committed to complying with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate privacy policy. The privacy policy is an integral part of these terms and conditions. By accepting the terms and conditions, the customer also agrees to the privacy policy.
- 15 Place of jurisdiction
Baar is the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. This legal relationship is governed by Swiss law.
- 16 Final Provisions
VANATICS AG reserves the right to change the general terms and conditions at any time.
Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions or the terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.
