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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"). The buyer's/renter's (hereinafter "User's") general terms and conditions are not applicable. The same applies to any amendments to these GTC unless we have accepted them in writing. The version provided to the User upon purchase or order is always the applicable version. KAQTU reserves the right to amend these GTC at any time without giving reasons. Users will be notified of such amendments immediately. The amendments will be deemed accepted if the User does not object in writing within 14 days of notification. These GTC are valid in German. The translations are provided for convenience only and are not legally binding.
2. Products
Products are generally supplied according to samples, illustrations, or sketches. Minor variations in size, color, texture, and workmanship are possible. In particular, deviations are unavoidable with repeat or supplementary 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 a statutory warranty against defects in construction and materials for a period of two years from the date of delivery. KAQTU Design AG does not provide any other warranties or guarantees, including manufacturer's warranties, unless explicitly stated otherwise in the purchase or rental agreement or order confirmation.
4. Defect inspection and notification
The user must inspect the products immediately upon receipt for any defects, especially glass damage. Any complaints must be submitted in writing within 5 days of receiving the products and documented with photos/videos. Damage in transit or pre-existing manufacturing defects cannot be claimed after this period. Later, d.h. Any defects that appear during the warranty period must be reported immediately upon discovery. The warranty excludes damage caused by wear and tear, aging, and improper handling, as well as light bulbs. The warranty is void if the product is further processed or modified by the user despite recognizable defects.
5. Warranty
KAQTU Design AG or its commissioned third-party partners may, at their discretion, fulfill the warranty by providing either free repair or an equivalent replacement. Further claims are excluded. In the case of discounted or unavailable goods, KAQTU Design AG reserves the right to refund the purchase or rental price instead of providing 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 forms an integral part of these terms and conditions.
The user consents to the storage of personal data transmitted to us by him in connection with an order or otherwise for the purpose of contract processing.The user also consents to the analysis of data they provide and other usage data in order to present them with personalized advertising and/or special offers and services. The analysis of usage data may lead to the creation of user profiles. These user profiles are created in pseudonymized form and are not combined with personally identifiable information. Finally, the user consents to us, or third parties commissioned by us, obtaining a credit report if necessary (credit and business information agency, residents' registration office, debt collection agencies, etc.).
7. Prizes
All prices are net, including VAT. KAQTU reserves the right to change product prices at any time. The price published at the time of ordering is valid. Price changes made after ordering will not be considered. Exceptions are individual agreements between both parties. Settlement of claims requires the consent of both parties. A reminder fee will be charged for payment reminders.
8. Property
Until full payment of the purchase price, the products remain the property of KAQTU Design AG. KAQTU Design AG is entitled, at the user's expense, to register a reservation of title if it considers its claim to be at risk.
9. Delivery and assembly
The delivery or collection of the ordered products will be arranged between the user and KAQTU Design AG. If delivery to the user's address is agreed upon, it will generally be made to the curb of the property. If assembly or delivery into the premises has been agreed upon, this will also only take place to the extent that the local and structural conditions allow it with reasonable effort.
Delivery to the premises or installation will only be carried out to or in the presence of adults. If the user is not present at the delivery address on the scheduled delivery or installation date, or refuses acceptance, a new delivery or installation date will be arranged 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 trip by the service partner.
Wall and ceiling installations, electrical and plumbing connections, the installation of consumer electronics, and structural work (e.g., painting) require a suitable wall and ceiling structure. KAQTU's services do not include such work. The tenant bears all resulting costs unless KAQTU offers a customized contract for these services.
10. Delivery dates and delays
Ordered products are usually 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 require our consent.
Should we not be supplied by our suppliers through no fault of our own, even though we have placed matching orders with reliable suppliers, we will be released from our obligation to perform and may withdraw from the contract.In this case, we will inform the user immediately about the unavailability and promptly refund any payments already made by the customer in the event of cancellation.
11. Breach of contract
All cases of breach of contract and their legal consequences, as well as all claims by the user, regardless of their legal basis, are conclusively governed by these Terms and Conditions. Other claims by the user – irrespective of their legal basis – are excluded, except in the cases specified below. Auxiliary persons and any vicarious agents are not liable for damages that did not occur to the goods themselves, in particular not for consequential damages, lost profits, or other pecuniary losses. The aforementioned limitation of liability does not apply in cases of injury to life, body, or health; in cases of intentional or grossly negligent breach of duty; in cases of guarantees, insofar as agreed; and to the extent that the scope of application of the Product Liability Act is applicable.
12. Assignment
We reserve the right to assign or pledge to third parties any outstanding purchase or rental claims against you arising in connection with the delivery of goods, including any outstanding installments, default interest and reminder fees.
13. Contract Conclusion/Ordering Process
If the user places an order via the internet, email, mobile phone or telephone, they are making a binding offer to conclude a contract. Purchase, rental, or service agreement. The user receives confirmation that the order has been received. This confirmation does not constitute acceptance of the purchase, rental, or service agreement by KAQTU. This is an offer. KAQTU reserves the right to reject the application without giving reasons. A legally binding purchase or rental agreement only comes into effect upon The order confirmation is sent by KAQTU Design AG. Shipping, delivery and assembly costs are displayed separately during the ordering process and in the order summary as well as in the order confirmation. Order confirmation is clearly displayed.
The contract is only valid for those products that are expressly listed in the order confirmation. This also implies that... Finally, the scope of services.
Our offers are valid for Switzerland and Liechtenstein. For orders with delivery addresses outside of Switzerland and Liechtenstein, the following applies: The stated delivery prices and shipping fees are invalid. Please inquire about our terms and conditions for such orders.
The advance recycling fee (vRG) is already included in all prices for electronic devices. We are thus contributing to... environmentally friendly disposal of light 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 order confirmation. Consultation fees may be charged in advance.
If the user selects prepayment as the payment method, the order will only be processed after payment has been received. The delivery time may be affected accordingly. delay.
Discounts or vouchers are only accepted under the conditions shown on the voucher. Entering a voucher code or value is not permitted. This occurs during the payment process.Discounts not claimed at the time of purchase cannot be granted retroactively. Discounts cannot be claimed retroactively. can be accumulated.
15. Payment default
If an invoice from KAQTU is not paid within the payment period, the user will be in default without further notice. In case of default, KAQTU is entitled to invoice the user for the resulting additional expenses in the following amount:
Reminder/Payment reminder: No additional costs
First reminder: Flat fee CHF 25.00
2nd reminder: Flat fee CHF 40.00
From the due date, KAQTU is entitled to default interest at a rate of 5%. p.a. to be credited against the invoice amount. The right to charge additional late fees remains reserved.
If the user fails to pay the outstanding invoice in full even after the third reminder, KAQTU is entitled to terminate the contract without notice. All outstanding claims may be transferred to a debt collection agency. The costs incurred by the debt collection agency (further reminder fees and collection costs) are borne by the user and are acknowledged by the user.
16. Right of return
We voluntarily grant the user a right of return. This right of return applies to all sales channels.
Returns are accepted within Returns are accepted within 30 calendar days of in-store pickup or from the date of the postmark or delivery/receipt confirmation. If the buyer cannot provide delivery/receipt confirmation, the 30-day period begins from the date the order was shipped.
The following items are excluded from the right of return (but not from warranty claims):
The product must be returned in its original packaging and in new, unused condition with all accessories.
The buyer is responsible for return shipping costs. Returns can be arranged independently or by KAQTU Design.
The costs for return shipping organized by KAQTU are as follows:
A) Postal delivery/collection from your home: CHF 12.- per package
B) Logistics service providers for packages weighing 30kg or more, or measuring 1m x 0.6m x 0.6m or more.
For opened original packaging of undamaged and unused goods, a processing fee of 15% or at least CHF 10.– of the purchase price will be charged.
The purchase price will be refunded (less all additional charges, delivery and shipping costs) via a credit to the user's customer account or in the form of a shopping voucher. This credit can be used for future purchases.
The deduction of all additional, delivery and shipping costs also applies in the event of unjustified non-acceptance or missing a delivery date followed by cancellation.
17. Severability Clause
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In the event of the invalidity or unenforceability 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 gaps in these Terms and Conditions.
18. Legal status
Swiss law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction for natural persons is Uster or the user's place of residence. The place of jurisdiction for legal entities is exclusively Uster.
