TERMS AND CONDITIONS

www.www.vape-schweiz.ch | An online shop of Digital Heaven GmbH

 

scope

 

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between you (hereinafter referred to as "Customer") and Digital Heaven GmbH, Länggstrass 17, CH-8308 Illnau (hereinafter referred to as "VAPE 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 for written form is also met if a declaration is contained in an email.

1.2. Our range of goods is aimed exclusively at customers with their usual place of residence and a delivery address in Switzerland.

 

product offer and contract conclusion

 

2.1. All information about products in our catalogs or on our website is subject to change. The offer to conclude a purchase contract comes from the customer. The customer is bound to the order for one week. The contract is binding if we accept the customer's offer within the period specified in section 2.3.

2.2. After submitting an online order, the customer will receive an automated email to the email address provided, confirming receipt of the order (order confirmation). The order confirmation merely serves to inform you that we have received the order.

2.3. A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by sending the customer an invoice, confirming the order (order confirmation), confirming by email that the goods are leaving our warehouse (shipping confirmation) or at the latest by delivering the goods.

2.4. The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also determines the scope of services.

2.5 If the customer wishes to order 10 or more of individual products, he is requested to contact Digital Heaven GmbH or the representative of www.www.vape-schweiz.ch. VAPE-SCHWEIZ accepts items that exceed an order quantity of 10 pieces as a request for quotation from the customer. VAPE-SCHWEIZ will then contact the customer regarding his request for quotation. Digital Heaven GmbH is not obliged to fulfill the order.

 

Prices and payment terms

 

3.1. All prices are gross in Swiss francs (CHF) including VAT, advance recycling fees and copyright fees if applicable. The prices, conditions and vintages stated on the website are subject to change, with the day of the order being the key date.

3.2. Any transport costs will be calculated separately and communicated to the customer in advance.

3.3. Payment of the purchase price can be made using one of the payment methods listed on www.vape-schweiz.ch.

3.4. All electronic payment methods will be charged immediately.

 

Purchase on account with installment payment option (PowerPay)

 

As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”. With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding payment terms. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our terms and conditions. (powerpay.ch/de/agb).

Late Payment – Reminder – Debt Collection

If delivery is made on account, the purchase price is due within 14 days of delivery of the goods. If payment is not made within this period, the customer will be in default.

1.1 In the event of default, Powerpay will send the customer a written reminder. The following fees will be due upon reminder of the claim:

  • Administration fees per invoice | CHF 2.90
  • 1st reminder | CHF 18.- *
  • 2nd reminder | CHF 28.- *
  • 3rd reminder | CHF 38.- *
  • Debt collection transfer | CHF 50.- *

* The fees and costs indicated are maximum amounts. Powerpay reserves the right to deviate from them.

If the outstanding amount is not paid even after the last reminder, the claim will be enforced. Powerpay will hand over the claim to the company infoscore Inkasso AG, Ifangstrasse 8, CH-8952 Schlieren for enforcement.

You can find all detailed information in Powerpay’s terms and conditions .

 

delivery conditions

 

4.1. VAPE SWITZERLAND limits deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and contact person provided by the buyer.

4.2. Delivery is subject to timely and proper delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters or a delivery ban by the manufacturer or sub-supplier, there will be no delay in delivery. The seller is not liable for delivery delays caused by manufacturers or third parties.

4.3. If not all of the ordered goods are in stock, we are entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that goods cannot be delivered either partially or in full for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.

4.4. Our service is a delivery obligation and is fulfilled when the goods are handed over to the transport person. After delivery, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not liable for any negligence on the part of the transport company used.

4.5. The delivery times stated in the online shop 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 full payment has been made. Digital Heaven GmbH 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 take possession of the goods.

 

obligation to inspect and give notice of defects, liability for defects

 

6.1. The customer is obliged to inspect the delivered products as soon as possible in the normal course of business and to immediately report any defects to our customer service at info@vape-schweiz.ch. If you fail to do so, the products are deemed to have been approved. Approval is deemed to have been given in any case if the customer has not submitted a complaint of defects to customer service by email within 5 days of delivery.

6.2. Defects that were not apparent during proper inspection in accordance with the previous paragraph must be reported to our customer service immediately after discovery by email to info@vape-schweiz.ch, otherwise the ordered products will be deemed to have been approved with regard to these defects.

6.3. The defective product must 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 email after receipt of the written complaint. The transport costs incurred are borne by the customer.

6.4. We provide a guarantee by remedying defects. This is done at our discretion either by subsequent performance, namely removal of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

6.5. If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer is not entitled to a reduction in price. This exclusion of liability also extends to all claims that compete with the warranty rights, be they those arising from a contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), contesting the contract due to error (Art. 23 ff. OR), etc.

6.6. The warranty does not cover normal wear and tear, the consequences of improper handling or damage, manipulation of the product by the buyer or third parties, or defects that are due to external circumstances. In particular, worn, dirty or damaged items are excluded from the warranty.

6.7. The customer will only receive further guarantees in the legal sense from www.www.vape-schweiz.ch for specific products and after individual agreement. Manufacturer guarantees remain unaffected by this. The customer's guarantee claim expires if repairs are carried out by unauthorized service centers. The guarantee certificate and/or proof of purchase (invoice) must be kept carefully. If this is missing, any guarantee claim becomes invalid.

6.8 The seller assumes no liability for the descriptions of third parties, in particular customers in the context of customer reviews published in the online shop or on our social media presences.

 

right of return

 

7.1. The customer can return the goods received within four weeks by sending them back, stating reasons. The period begins after receipt of the goods. Only in the case of goods that cannot be sent by parcel (e.g. bulky goods) can you declare the return by requesting return in text form.

7.2. To meet the deadline, it is sufficient to send the goods or the return request in good time. The return or return request 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 with the completed delivery note/return slip and any warranty certificate enclosed. Sealed and plastic-wrapped products can only be returned if they are unopened. Any seal must not be broken. Food items are excluded from the right of return.

7.4. In the event of an effective return, the services received by both parties must be refunded and any benefits derived (e.g. benefits of use) must be surrendered. If the goods deteriorate, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a store, for example. Returns must 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 a 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, regardless of the legal basis on which they are made, are conclusively regulated in these terms and conditions. Other claims of the buyer - regardless of the legal basis - are excluded to the extent permitted by law. The seller, its assistants and any vicarious agents are not liable for damages that did not arise from the goods themselves, in particular not for consequential damages, lost profits or other financial losses of the buyer.

 

Intellectual Property

 

9.1. VAPE-SCHWEIZ reserves all rights to every design, every text, every graphic. Copying or other reproductions of the entire website or parts of this website are only permitted for the purpose of placing an order at www.www.vape-schweiz.ch. The name VAPE-SCHWEIZ, all page headers, navigation bars, graphics and button symbols are registered trademarks, trade names 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. VAPE-SCHWEIZ reserves ownership and copyright to images, 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.

 

data protection

 

10.1. The collection and processing of customers' personal data by VAPE-SCHWEIZ is explained in the privacy policy. This forms an integral part of these terms and conditions. The privacy policy can be accessed at http://local.www.vape-schweiz.ch/datenschutz/.

 

final provisions

 

11.1. Should individual provisions of these General Terms and Conditions be invalid or incomplete or should their fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible, effective provision which, in terms of its content, comes closest to the original intention and the economic purpose pursued thereby.

11.2. All changes or additions to these terms and conditions must be made in a form that allows proof by text, such as fax and email. This also applies to a change to the written form requirement. As soon as the customer uses the seller's services after the change, he or she implicitly agrees to the new terms and conditions. The currently binding version of the terms and conditions can be viewed and printed at http://local.www.vape-schweiz.ch/agb .

11.3. Any other contractual terms and conditions of the customer, including those which the customer declares to be applicable when accepting the contract, will not become part of the contract. They are only valid if and to the extent that they have been expressly accepted by the seller in writing.

 

Jurisdiction and Applicable Law

 

12.1. Swiss law applies exclusively, excluding the conflict of law provisions of the Vienna Sales Convention. The place of jurisdiction is 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@vape-schweiz.ch

 

Legal form: Limited liability company
Commercial Register Number: CH-150.4.477.634-0
UID/VAT: CHE-148.059.073

 

Illnau, March 15, 2024