General Terms and Conditions

General Terms and Conditions
Acala Suisse GmbH
General Terms and Conditions
§ 1 Scope of the GTC and provider

1.1 These General Terms and Conditions (GTC) apply to all orders placed by customers via the online store of Acala Suisse GmbH, Oberer Kanalweg 27, 2558 Aegerten, Switzerland, UID CHE-267.208.925 , at

1.2 With the binding order, these GTC are deemed to be accepted by the customer.

§ 2 Subject matter of the contract

2.1 The presentation of the products in the online stores does not constitute a legally binding offer by Acala Suisse GmbH, but an invitation to order.

2.2 By clicking on the button (order subject to payment), the customer places a binding order for all products listed on the order page.

2.3 Immediately upon receipt of the order, Acala Suisse GmbH will confirm the order by e-mail (order confirmation). However, the purchase contract is only concluded when the order confirmation is sent, but at the latest when the goods are delivered to the customer.

§ 3 Offers / Product Presentation / Conclusion of Contract

3.1 The prices quoted by Acala GmbH are in Swiss francs (CHF) ex warehouse and include the statutory value added tax, but exclude the costs for packaging and shipping (shipping costs). The respective shipping costs are displayed in the order process and are to be borne by the customer.

3.2 The shipping costs are currently:

Standard shipping Switzerland CHF 9.00

3.3 Acala Suisse GmbH reserves the right to change prices at any time. The prices published on the website on the order date apply to customers.

§ 4 Information duties of the customer

4.1 Delivery is made exclusively within Switzerland and the Principality of Liechtenstein.

4.2 Unless otherwise stated in the offer, the delivery time is generally 5 to 7 working days after receipt of the order confirmation. If a longer delivery period is required, the customer will be informed of this at the latest after this period has expired. Acala Suisse GmbH’s delivery and performance deadlines shall be reasonably extended in the event of disruptions due to force majeure and other hindrances for which Acala Suisse GmbH is not responsible, insofar as such hindrances – such as disruptions in Acala Suisse GmbH’s own supply, strikes, lockouts, operational disruptions, etc. – have a significant influence on Acala Suisse GmbH’s delivery or performance. If no information is provided about the delay in delivery, the customer is entitled to waive the delivery.

4.3 If not all products ordered are in stock, Acala Suisse GmbH is entitled to make partial deliveries, provided this is reasonable for the customer.

4.4 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, Acala Suisse GmbH may withdraw from the contract. Any payments made will be refunded immediately. However, the customer shall bear the additional expenses incurred in the event of a delay in acceptance by the customer.

§ 5 Right of withdrawal for consumers

5.1 Payment shall be made by credit card (Visa or MasterCard).

5.2 If payment is made by credit card (Visa or MasterCard), the customer’s account will be debited at the time the order is placed.

5.3 Offsetting against counterclaims of the customer that are not recognized or have not been legally established is excluded.

5.4 The customer may only exercise a right of retention insofar as the claims are based on the same contractual relationship.

5.5 The goods remain the property of Acala Suisse GmbH until payment has been made in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Acala Suisse GmbH.

Cancellation policy

6.1 Consumers have the right to withdraw from the contract within 14 days of receipt of the goods. The revocation must be sent to Acala Suisse GmbH in writing by e-mail or letter. The time of dispatch of the revocation shall be decisive for compliance with the deadline. It is not necessary to justify the revocation. The declaration of revocation is to be sent to:

Acala Suisse GmbH

Upper Canal Way 5-7

2558 Aegerten

6.2 The exercise of the right of withdrawal leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract must be refunded. The consumer must return the goods received in their original packaging to Acala Suisse GmbH within 14 days of the declaration of withdrawal. The consumer bears the costs for the return shipment. Cartridges and micro-sponges as well as ceramic filters that have been in use will not be refunded.

6.3 After receipt of the goods, the purchase price, if already paid, will be refunded to the consumer immediately. We reserve the right to deduct the purchase price to be refunded for possible damage or excessive wear and tear of the goods. No deduction shall be made if the loss in value is attributable to the handling of the goods necessary to establish their nature, condition and functionality. Acala Suisse GmbH may refuse repayment until the goods have been returned or until the consumer has provided proof that he has returned the goods, whichever is the earlier.

6.4 The right of withdrawal is excluded for the following items:

Individual company solutions that are clearly tailored to the personal needs of the consumer,

Consequences of revocation

7.1 Acala Suisse GmbH warrants that the goods shall conform to the warranted characteristics, shall be free from defects affecting their value or fitness for the intended use and shall conform to the prescribed performance and specifications. Acala Suisse GmbH reserves the right to remedy an existing defect or to deliver a defect-free item in the sense of a repair or replacement delivery.

7.2. The buyer must inspect the delivered goods as soon as possible after receipt and notify Acala Suisse GmbH immediately of any defects.

7.3 If rectification or subsequent delivery fail, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. The customer has no right to a reduction in price.

7.4 Acala Suisse GmbH shall be liable for intent and gross negligence in accordance with the statutory provisions. In the event of breaches of material contractual obligations caused by Acala Suisse GmbH or its legal representatives or vicarious agents through slight negligence within the scope of this contract, the liability of Acala Suisse GmbH towards customers shall be limited to the foreseeable, direct average damage typical for this type of contract.

The above limitations of liability do not apply to customer claims arising from product liability. Furthermore, the limitations of liability do not apply to injuries to life, limb and health of customers attributable to Acala Suisse GmbH.

7.5 If damage is attributable both to the fault of Acala Suisse GmbH and to the fault of the customer, the customer’s contributory negligence must be taken into account. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.

8. guarantee

8.1 Acala Suisse GmbH guarantees flawless material and flawless workmanship. If defects occur during normal use within the warranty period (depending on the product group), we will either repair or replace the product. Any further claims by the customer due to defective delivery, in particular for compensation for direct and consequential damages for which the customer is not responsible and termination of the contract, are excluded.

8.2 The warranty does not apply in the event of defects that are attributable to non-compliance with the instructions for use, improper intervention or modification of the product by the customer or a third party not authorized by Acala Suisse GmbH. The warranty also excludes defects caused by operational wear and tear, normal wear and tear, operating errors and improper use. If the examination of a notice of defect shows that a warranty case does not exist, the costs of the examination and repair will be charged at the applicable service prices of Acala Suisse GmbH.

9 Applicable law and place of jurisdiction

9.1 These GTC and any disputes arising out of or in connection with the relationship between Acala Suisse GmbH and the customer shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.

9.2 The exclusive place of jurisdiction for all disputes between Acala Suisse GmbH and the customer is the registered office of Acala Suisse GmbH. However, Acala Suisse GmbH is entitled to sue the customer at his domicile.

10. final provisions

Should parts of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced mutatis mutandis by the relevant statutory provisions.

Status: 13 June 2014
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