General Terms and Conditions of AHA Dinge zum Lernen, Dinge zum Spielen, Dinge als Kunst, Adler & Schwabe for the Online Shop
1. Scope of application and validity
1.1. The sale of products through the Online Shop of AHA Dinge zum Lernen, Dinge zum Spielen, Dinge als Kunst, Adler & Schwabe, Spiegelgasse 14, 8001 Zurich, Switzerland (“AHA”) shall occur exclusively subject to these General Terms and Conditions (“GTCs”). These GTCs shall be considered accepted by the Customer when the Customer sends an order. If the Customer does not wish to accept these GTCs, the Customer must refrain from placing an order.
1.2. These GTCs can be amended by AHA at any time. Therefore, the Customer should review the GTCs before each new order. The Customer shall be bound by the GTCs current at the time of each order.
2.1. In order to place an order, the Customer must be at least 18 years old and capable of entering into binding agreements, or must have obtained the consent of his or her legal representative in advance.
2.2. The offers in the Online Shop do not represent a binding offer to conclude a contract of sale; instead, they are merely an invitation to customers to place an order. The Customer’s order represents a binding offer to conclude a contract of sale on the products contained in the shopping cart. AHA shall confirm receipt of the Customer’s order by sending a confirmation e-mail. This confirmation e-mail also does not represent acceptance of the offer of a contract of sale; instead, it merely serves to inform the Customer that the order has been received at AHA. A binding contract of sale shall only be created upon delivery of the ordered products or an express statement of acceptance by AHA.
3. Prices and Payment
3.1. The prices listed in the Online Shop in net Swiss Francs (CHF) at the moment of the order shall apply. In addition, current value-added tax, if applicable, and delivery costs incurred are owed; these are displayed in the order summary prior to sending the order. This does not include any additional taxes and customs duties for deliveries outside of Switzerland, for which the Customer is solely liable.
3.2. Payment shall be made using a credit card (MasterCard or Visa) using SIX Payment Services AG, Zurich, Switzerland, which is an independent company brought in by AHA for payment processing, to whose website the Customer will be redirected after sending the order.
4.1. Deliveries can only be made within Switzerland, to Liechtenstein, and to EU countries.
4.2. Delivery of ordered products to the Swiss post office for shipping shall occur after the entire sum is credited to AHA’s account, generally within six business days. The delivery time will be extended for foreign deliveries, in case of delays for which AHA is not responsible, or in case of delaying circumstances of force majeure.
4.3. Risk transfers to the Customer upon delivery to the Swiss post office for shipping.
5. Defects and Warranty
5.1. AHA warrants to the Customer that the products are undamaged, and for functional products for which the Online Shop contains a description of characteristics, that these characteristics do not differ so far from the described characteristics when used correctly that their suitability for the described purpose is rescinded or considerably reduced. Any and all other warranties are excluded.
5.2. The Customer is obligated to inspect the received products for any defects immediately upon receipt and to report any defects to AHA within no more than seven days after receipt by e-mail, providing the order ID and an exact description. If the Customer fails to do so, the order shall be considered accepted, unless defects are involved that were not discoverable upon inspection.
5.3. If hidden defects occur at a later time that were not discoverable upon inspection, then notification must likewise occur within seven days after discovery, providing the order ID and an exact description; in case of non-compliance, the order shall also be considered accepted with regard to these defects.
5.4. Damage caused by the Customer by improper use, or attempts by the Customer or third parties to repair the product shall not be considered defects. Likewise, unfulfilled expectations for the product that were not explicitly guaranteed shall not be considered defects.
5.6. If a defect exists for which AHA must provide warranty service pursuant to this section, then the Customer shall have a claim to substitute delivery or remedy of the defect at no charge. The Customer is obligated to return the defective product to AHA within six days after notification of defects, unused, complete, and with the original packaging. AHA shall endeavor to provide rapid substitute delivery or remedy. If AHA is unsuccessful, then AHA is entitled to withdraw from the contract of sale and shall refund the purchase price paid to the Customer onto the credit card account that was used. AHA specifically excludes any and all further liability.
6. Intellectual Property
This Online Shop and the content published therein are the intellectual property of AHA or its contractual partners and are protected by copyright and laws. The content is permitted to be used to process orders with AHA. All other use by the Customer is prohibited.
7. Data Protection
7.1. AHA undertakes to comply with Swiss data protection legislation and to implement suitable technical and organizational measures to protect customer data.
7.2. AHA processes the data provided by the Customer along with the order exclusively to process the order, for accounting purposes, and in order to notify the Customer of news from AHA. AHA brings in third-party companies for this purpose (including but not limited to hosting providers, IT service providers, payment services), to which AHA provides access to the provided data. The credit card data are not processed by AHA, but rather by SIX Payment Services AG. The Customer declares his consent to the data processing and data disclosures described in this Section. If the Customer does not wish to receive any information about news from AHA, the Customer can de-register from this service at any time.
7.3. The Customer is aware that the transmission of data over the Internet is unfortunately not completely secure and transmits his or her data at his or her own risk.
8.1. AHA’s liability is limited in amount to refunding the purchase price paid by the Customer.
8.2. Subject to Section 5 of these GTCs, AHA’s liability for damages or lost profit due to defects or delays in delivery of the ordered products is excluded to the extent permitted by law.
9. Applicable Law and Jurisdiction
9.1. Substantive Swiss law shall apply to the relationship between AHA and the Customer, excluding international private law and the Vienna Convention on Contracts for the International Sale of Goods.
9.2. The regular courts of Zurich shall have exclusive jurisdiction and venue for disputes.
10. General Provisions
10.1. Notices and deliveries from AHA to customers shall be considered validly completed when they were sent to the address that was communicated to AHA on the order form.
10.2. Should one or more provisions of these GTCs be or become ineffective, the validity of the remaining provisions shall remain unaffected. Ineffective provisions shall be replaced by provisions that approximate as closely as possible the intended economic purpose of the ineffective provision.
Version of April 30, 2013