AGB
www.elfbar-schweiz.ch | An online store of Digital Heaven GmbH
Scope
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you (hereinafter "customer") and Digital Heaven GmbH, Länggstrass 17, CH-8308 Illnau (hereinafter "ELFBAR-SCHWEIZ" or "seller"). As part of the ordering process, you accept the GTC in the version valid at the time the order is placed. All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.
1.2 Our offer of goods is directed exclusively to customers with habitual residence and a delivery address in Switzerland.
Product offer and conclusion of contract
2.1 All information on products in our catalogs or on our website are subject to change. The offer to conclude a purchase contract is made by the customer. The customer remains bound to the order for one week. The contract shall be binding if we accept the customer's offer within the period pursuant to section 2.3.
2.2 After sending an online order, the customer receives an automated e-mail to the specified e-mail address with which we confirm receipt of the order (order confirmation). The order confirmation only serves to inform the customer that we have received the order.
2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare the acceptance of the contract by issuing an invoice to the customer, by confirming the order (order confirmation), by confirming by e-mail that the goods are leaving our warehouse (shipping confirmation) or by delivering the goods at the latest.
2.4 The contract shall only be concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also conclusively determines the scope of performance.
2.5 If the customer wants to order 10 or more pieces of individual products, he is requested to contact Digital Heaven GmbH or the representation of www.elfbar-schweiz.ch. Items exceeding an order quantity of 10 pieces shall be accepted by ELFBAR-SCHWEIZ as a request for quotation by the customer. ELFBAR-SCHWEIZ will subsequently contact the customer regarding his quote request. Digital Heaven GmbH is not obliged to fulfill the order.
Prices and terms of payment
3.1 All prices are gross in Swiss francs (CHF) including VAT, advance recycling fees, if any, and copyright fees. The prices, conditions and vintages stated on the website are subject to change, the effective date being the date of the order
3.2 Any transport costs will be charged separately and communicated to the customer in advance.
3.3 The payment of the purchase price is made optionally with one of the listed payment methods on www.elfbar-schweiz.ch.
3.4 All electronic payment methods will be charged immediately.
Purchase on account with installment facility (PowerPay)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
Upon conclusion of the purchase contract, POWERPAY assumes the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the terms and conditions of POWERPAY. (powerpay.ch/en/agb).
Default - Reminder - Collection
The purchase price is due for delivery on account within 14 after delivery of the goods. If payment is not made within this period, the customer is in default.
1.1 In the event of default, Powerpay shall send the customer a written reminder. The following fees are due with the reminder of the claim:
- Administration fees per invoice | CHF 2.90
- 1st reminder | CHF 18.- *
- 2nd reminder | CHF 28.- *
- 3rd reminder | CHF 38.- *
- Collection transfer | CHF 50.- *
* The fees and costs indicated are maximum amounts. Powerpay reserves the right to deviate from this.
If the outstanding amount is not paid even after the last reminder, the claim will be pursued. Powerpay will transfer the claim to the company infoscore Inkasso AG, Ifangstrasse 8, CH-8952 Schlieren for collection.
All detailed information can be found in the Powerpay terms and conditions .
Delivery conditions
4.1 ELFBAR-SCHWEIZ restricts deliveries to the territory of Switzerland. The delivery is made directly to the delivery address and contact person provided by the buyer.
4.2 Delivery shall be made under the condition of timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other labor disputes, riots, war, natural disasters, as well as in the event of a suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturing companies or third parties.
4.3 If not all ordered goods are in stock, we are entitled to make partial deliveries. Should it become apparent after conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the Seller is not responsible, the Customer shall be entitled to withdraw from the contract.
4.4 Our performance is a fate debt and is fulfilled with the handover to the transport person. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We shall not be liable for any fault of the transport company used.
4.5 The delivery times stated in the online store or in our order confirmation in accordance with section 2.3 are calculated from the time of our order confirmation.
4.6 Protection of minors: Our products may only be purchased by persons over 18 years of age.
Retention of title
5.1 The delivered goods remain the property of Digital Heaven GmbH until payment has been made in full. The latter is entitled to make a corresponding entry in the retention of title register. If the customer defaults on payment of the purchase price, Digital Heaven GmbH is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.
Duty to examine and to give notice of defects, liability for defects
6.1 The customer is obligated to inspect the delivered products as soon as it is feasible in the ordinary course of business and to immediately notify our customer service at info@elfbar-schweiz.ch of any detected defects. If you fail to do so, the products shall be deemed approved. Approval shall in any case be deemed to have been given unless the customer has submitted a notice of defect by e-mail to customer service within 5 days after delivery.
6.2 Defects which were not recognizable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after discovery by e-mail to info@elfbar-schweiz.ch, otherwise the ordered products shall be deemed approved also with regard to these defects.
6.3 The defective product shall be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The transport costs incurred shall be borne by the customer.
6.4 We provide warranty by remedying defects. This shall be done, at our discretion, either by subsequent performance, namely elimination of a defect (rectification) or delivery of a defect-free item (replacement). Replaced products become the property of the seller.
6.5 If the supplementary performance fails, the customer shall be entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. A right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims competing with the warranty rights, be it those arising from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR.) etc.
6.6 Normal wear and tear as well as the consequences of improper handling or damage and manipulation of the product by the buyer or third parties as well as defects caused by external circumstances are not covered by the warranty. In particular, worn, dirty or damaged items are excluded from the warranty.
6.7 The customer receives further guarantees in the legal sense from www.elfbar-schweiz.ch only for specific products and according to individual agreement. Manufacturer warranties remain unaffected. The warranty claim of the customer expires in case of repairs by unauthorized service centers. Warranty certificate and/or proof of purchase (invoice) must be kept carefully. In the absence of the same, any warranty claim will be invalidated.
6.8 The seller assumes no liability for the descriptions of third parties, in particular customers in the context of the customer reviews published in the online store, respectively our social media presences.
Right of return
7.1 The customer can return the received goods within four weeks by sending back the goods, stating the reasons. The period begins after receipt of the goods. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods) can you also declare the return by requesting the return in text form.
7.2 The timely dispatch of the goods or the request for return shall be sufficient to comply with the time limit. The return shipment or the request for return must be sent to:
Digital Heaven GmbH
Länggstrasse 17
CH-8308 Illnau
7.3 The goods must be returned in their original packaging, complete with all accessories and accompanied by the completed delivery note/return bill and any warranty certificate. Sealed and plastic-welded products can only be returned in unopened condition. Any seal must not be broken. Food products are excluded from the right of return.
7.4 In the event of an effective return, the services received by both parties shall be refunded and any benefits derived (e.g. advantages of use) shall be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail store. Returns are to be sent back to us at the customer's expense.
7.5 The shipping costs of the order will not be refunded in case of return.
Warranty and liability (bring-in/send-in warranty)
8.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the Buyer - regardless of the legal ground - are excluded to the extent permitted by law. The Seller, its auxiliary persons and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Buyer.
Intellectual property
9.1 ELFBAR-SCHWEIZ reserves all rights for every design, every text, every graphic. Copying or other reproduction, of the whole website or parts of this website is allowed only for the purpose of placing an order at www.elfbar-schweiz.ch. The name ELFBAR-SCHWEIZ, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or trademarks of Digital Heaven GmbH. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. ELFBAR-SCHWEIZ reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer requires the express written consent of the owner company Digital Heaven GmbH.
Privacy
10.1 The collection and processing of personal data of customers by ELFBAR-SCHWEIZ is explained in the privacy policy. This forms an integral contractual part of these GTC. The privacy policy is available at https://elfbar-schweiz.ch/datenschutz/.
Final provisions
11.1 Should individual provisions of these GTC be ineffective or incomplete or should fulfillment become impossible, this shall not affect the effectiveness of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes closest to the original intention and the economic purpose pursued thereby.
11.2 All amendments or additions to these GTC require a form that allows proof by text, such as fax and e-mail. This also applies to a change in the written form requirement. As soon as the customer makes use of the seller's services after the change, he implicitly agrees to the new GTC. The respective binding version of the GTC can be viewed and printed out at https://elfbar-schweiz.ch/agb.
11.3 Any other terms and conditions of the Customer, in particular those which the Customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and insofar as they have been expressly accepted by the Seller in writing.
Jurisdiction and applicable law
12.1 Swiss law shall apply exclusively, to the exclusion of the conflict of laws rules of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the registered office of the Seller.
Digital Heaven GmbH
Länggstrasse 17
8308 Illnau
Switzerland
Phone: +41 (0) 41 610 72 54
E-mail: info@elfbar-schweiz.ch
Legal form: Limited liability company
Commercial register number: CH-150.4.477.634-0
UID/MWST: CHE-148.059.073
Illnau, 15.03.2024
