1. Scope and Validity
These General Terms and Conditions (hereinafter “GTC”) apply to the purchase or rental of all products and services offered by KAQTU Design AG (hereinafter “KAQTU”). Any general terms and conditions of the buyer/renter (hereinafter “User”) are deemed not to have been agreed upon. The same applies to any amendments to these GTC, unless we have accepted them in writing. The version provided to the User at the time of purchase or order shall be decisive. KAQTU reserves the right to amend the GTC at any time without providing reasons. Users will be notified of such changes immediately. The changes are deemed accepted if the user does not object in writing within 14 days of notification. The Terms and Conditions are valid in German. Translations are not binding but are provided solely for the sake of readability.
2. Products
Products are generally delivered based on samples, illustrations, or sketches. Minor deviations in size, color, texture, and finish are subject to change. Deviations are unavoidable, particularly for repeat or additional orders, unless otherwise agreed in writing.
3. Use
Unless otherwise agreed in writing, the products are intended exclusively for private use. KAQTU Design AG provides the statutory warranty for defects in design and materials for a period of 2 years from the date of delivery of the goods. KAQTU Design AG does not provide any other warranties or guarantees, in particular manufacturer’s warranties, unless explicitly stated otherwise in the purchase or rental agreement or the order confirmation.
4. Inspection and Notification of Defects
The user must inspect the products immediately upon receipt for any defects, particularly glass damage. Any complaints must be submitted in writing within 5 days of receiving the products and must be documented with photos or videos. Claims for damage caused during transport or pre-existing manufacturing defects cannot be made after this period has expired. d.h. Defects that become apparentlaterd.h. during the warranty period must be reported immediately upon discovery. Damage caused by wear and tear, aging, and improper handling, as well as light bulbs, are excluded from the warranty. The warranty expires if products are further processed or modified by the user despite recognizable defects.
5. Warranty
KAQTU Design AG or its third-party partners may fulfill the warranty either by providing a free repair or an equivalent replacement. Any further claims are excluded. In the case of discounted merchandise or merchandise that is no longer available, KAQTU Design AG reserves the right to refund the purchase price or rental fee paid instead of providing a free repair or an equivalent replacement.
6. Data Processing
The collection and processing of the user’s personal data by us is explained in the Privacy Policy. This Privacy Policy forms an integral part of these Terms and Conditions.
The user consents to the storage of personal data provided by them in connection with an order or otherwise transmitted to us for the purpose of contract fulfillment. The user also consents to the analysis of the data they have provided and other usage data in order to present them with personalized advertising and/or special offers and services. The analysis of usage data may result in the creation of user profiles. These user profiles are created in pseudonymized form and are not linked to personal data. Finally, the user agrees that we or third parties commissioned by us may, if necessary, obtain a credit report (credit and business information bureau, resident registration office, debt collection offices, etc.).
7. Prices
All prices are strictly net, including VAT. KAQTU reserves the right to change product prices at any time. The price valid is the one published at the time of the order. Price changes that occur after the order is placed will not be taken into account. This does not apply to individual agreements between the two parties. The consent of both parties is required for the offsetting of claims. A reminder fee will be charged for reminders.
8. Ownership
The products remain the property of KAQTU Design AG until the purchase price has been paid in full. KAQTU Design AG is entitled to arrange for entry in the register of retention of title at the user’s expense if it considers its claim to be at risk.
9. Delivery and Installation
The delivery or pickup of the ordered products is agreed upon between the user and KAQTU Design AG. If delivery to the user’s address is agreed upon, it is generally made to the curb of the property. If installation or delivery to the interior of the premises has been agreed upon, this will also take place only to the extent that local and structural conditions permit under normal circumstances.
Delivery to the interior of the premises or installation will only take place to or in the presence of adults. If the customer is not present at the delivery address on the delivery and installation date or refuses to accept the goods, a new delivery and installation date will be communicated to them as soon as possible. In this case, KAQTU is entitled to charge a processing fee of CHF 100.00 as well as the costs for each additional delivery or service partner visit separately.
Wall and ceiling installations, electrical and plumbing connections, the installation of consumer electronics, and construction-related work (e.g., painting) require that the wall or ceiling structure be suitable for such work. KAQTU’s services do not include such work. The tenant is responsible for all resulting costs, unless KAQTU offers a separate service contract for this purpose.
10. Delivery Dates and Delays
Ordered products are typically made available or delivered within the agreed delivery period. The user will be notified if a product is temporarily unavailable. The user acknowledges that delivery delays of up to two months do not entitle them to refuse acceptance of the ordered goods, cancel the contract, claim damages, or demand a refund of the purchase or rental price. Any counterclaims by the user may only be made with our consent.
If we fail to receive delivery from our suppliers through no fault of our own, even though we have placed identical orders with reliable suppliers, we shall be released from our obligation to perform and may withdraw from the contract. In such cases, we will immediately inform the user of the unavailability and, in the event of withdrawal, promptly refund any payments already made by the customer.
11. Breach of Contract
All cases of breach of contract and their legal consequences, as well as all claims by the user, regardless of the legal basis on which they are made, are conclusively governed by these Terms and Conditions. Other claims by the user—regardless of the legal basis—are excluded, except for the cases listed below. Agents and any vicarious agents shall not be liable for damages that do not arise from the goods themselves, in particular for consequential damages resulting from defects, lost profits, or other financial losses. The foregoing limitation of liability shall not apply in cases of injury to life, limb, or health; in cases of intentional or grossly negligent breach of duty; in the case of warranty promises, to the extent agreed; and to the extent that the scope of application of the Product Liability Act applies.
12. Assignment
We reserve the right to assign or pledge to third parties our due claims for purchase or rental prices against you arising in connection with the delivery of goods, including any due installment payments, default interest, and reminder fees.
13. Conclusion of Contract/Order Process
When the user places an order via the Internet, email, mobile device, or telephone, the user is making a binding offer to enter into a purchase, rental, or service contract. The user will receive confirmation that the order has been received. This confirmation does not constitute acceptance of the offer by KAQTU . KAQTU reserves the right to reject the request without providing a reason. A legally binding purchase or rental contract is only concluded upon dispatch of the order confirmation by KAQTU Design AG. Shipping, delivery, and installation costs are displayed separately during the ordering process and are transparently shown in the order summary as well as in the order confirmation.
The contract applies only to those products that are expressly listed in the order confirmation. This also defines the scope of services.
Our offers apply to Switzerland and Liechtenstein. For orders with delivery addresses outside of Switzerland and Liechtenstein , the listed delivery prices and flat-rate shipping fees do not apply. Please contact us for our terms and conditions regarding such orders.
The advance recycling fee (vRG) is already included in all prices for electronic devices. In this way, we contribute to the environmentally friendly disposal of lighting fixtures.
14. Payment
KAQTU Design AG accepts the payment methods displayed to the user during the ordering process.
The purchase or rental price, as well as any applicable shipping and installation costs, will be charged after the order has been confirmed. Consulting fees may be charged in advance.
If the user selects “prepayment” as the payment method, the order will not be processed until payment is received. Delivery may be delayed accordingly .
Discounts or coupons are accepted only under the terms and conditions stated on the coupon. The voucher code or value is entered during the payment process. Discounts not claimed at that time cannot be granted retroactively. Discounts cannot be combined.
15. Late Payment
If an invoice from KAQTU is not paid within the payment period, the user is in default without further notice. In the event of late payment, KAQTU is entitled to charge the user for the resulting additional expenses in the following amounts:
Reminder/Payment reminder: No additional costs
1st reminder: Flat fee
of CHF 25.00
2nd reminder: Flat fee of CHF 40.00
From the due datep.a. ,KAQTU is entitledp.a . to charge late payment interest of 5%p.a. on the invoice amount. The right to charge additional late payment costs is reserved.
If the user fails to make full payment of the outstanding invoice even after the 3rd reminder, KAQTU is entitled to terminate the contract for cause. All claims may be transferred to a collection agency. The costs of the collection agency (additional reminder fees and collection costs) shall be borne by the user and are hereby acknowledged by the user.
16.Return Policy
We voluntarily grant users a right to return items. This return policy applies to all sales channels.
Returns are possible within 30 calendar days of pickup at a store or from the date of the postmark or the delivery or receipt confirmation. If the user cannot provide the delivery or receipt confirmation, the 30-day period begins upon shipment of the order.
The following are excluded from the right of return (but not from warranty claims):
- Orders placed by legal entities
- ; products without their original packaging or with damaged packaging; products with missing accessories
- ; custom-made items/personalized items, or items assembled at the customer’s request
- Food items
- , hygiene products, and copyrighted items such as CDs, DVDs, or books once the packaging/seal has been opened
- Services
-
Gift cards
-
Reduced display items
-
Clearance sales with discounts exceeding 30% of the official retail price
The product must be returned in its original packaging, in like-new, unused condition, and with all accessories included.
The user is responsible for the cost of the return shipment. The return can be arranged independently or through KAQTU Design. If KAQTU arranges the return, the costs are as follows:
A) Mail delivery/pickup at your home: CHF 12.-
B) Logistics service provider for packages weighing 30 kg or more or measuring 1 m x 0.6 m x 0.6 m or larger
- : Packed from the curb/place of use: CHF 80
- ; Packed from the place of use: CHF 160.-
If the original packaging of undamaged and unused goods has been opened, a processing fee of at least 10%, with a minimum of CHF 10.00, will apply.
The purchase price (minus all additional, delivery, and shipping costs) will be refunded via a credit to the user’s customer account or in the form of a store credit. This credit may be used for future purchases.
All additional, delivery, and shipping costs will be deducted even in the event of an unjustified refusal to accept the delivery or a missed delivery appointment followed by cancellation.
17. Severability Clause
Should any provision of these Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or voidness of a contractual provision, the parties shall replace it with a provision that most closely approximates the economic purpose of the invalid provision. The same applies to any omissions.
18. Governing
Law
Swiss law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The venue for natural persons is Uster or the user’s place of residence. The venue for legal entities is exclusively Uster.
