NOTE: This is a convenience translation. The legally binding document (in German) can be found here.
1. Validity of the General Terms and Conditions of Business
1.1 The website www.capsolute.ch is an offer of Capsolute GmbH, Im Grafenstein 34b, 8408 Winterthur, Switzerland (hereinafter referred to as „Seller“).
1.2 The Seller sells Swiss handmade acrylic glass coffee and tea dispensers direct or through www.capsolute.ch..The Seller’s customers, who purchase the Seller’s products at www.capsolute.ch(hereinafter referred to as „Buyers“), can choose from a wide variety of dispensers suitable for a wide range of coffee and tea producers.
1.3 The Seller’s deliveries, services and offers shall be carried out exclusively on the basis of these General Terms and Conditions in the version valid at the time of conclusion of the contract, even if the offer is accessed from outside Switzerland. The Seller does not recognise any conflicting or deviating General Terms and Conditions and hereby expressly contradicts them. Conflicting General Terms and Conditions of the Buyer shall only be taken as a basis for the contract if the Seller expressly agrees to them in writing.
2. Registration and Conclusion of the Contract
2.1 The Buyer has the option to create a customer account at www.capsolute.ch However, such a customer account is not a prerequisite for the Buyer to be able to place orders. To create a customer account, the Buyer enters their email address into the registration form, sets a password and clicks on „Login“.
2.2 The listing of products on www.capsolute.ch does not constitute an offer by the Seller to conclude a sales contract. All offers of goods presented by the Seller are subject to confirmation and non-binding.
2.3 The Seller accepts no liability for possible errors, misprints, technical or colour changes which may occur despite the greatest possible care.
2.4 The offer of the Buyer to conclude a purchase contract is understood as the sending of the order by the Buyer. By ordering the goods, the Buyer makes a binding declaration that they wish to purchase the ordered goods. The Buyer places an order as follows: after placing the desired goods in the shopping cart and entering the data required to process the order on the next page, and then selecting the payment method on the subsequent page, the final page of the ordering process provides an overview of the order. Here the Buyer has the opportunity to change the order and the information provided and to correct any input errors. By clicking on the „Buy Now“ button, the Buyer submits their order bindingly.
2.5 The contract shall come into effect with the sending of a confirmation of receipt of the order via email.
2.6 As some of the goods are natural, exclusive and limited in availability, the Seller reserves the right to limit the delivery quantities for bulk orders if necessary or to deliver them in multiple instalments or to distribute the goods in the event of excess demand.
2.7 If a contract has been concluded but ordered items will not be available from the Seller’s supplier in the foreseeable future despite a timely covering transaction, the Seller reserves the right to withdraw insofar from the contract. If the Seller recognises this, he will inform the Buyer immediately and reimburse any payments already made.
3. Delivery, Dispatch and Transfer of Risk
3.1 Within the framework of availability indicated for the respective product, the goods will be dispatched by the Seller as quickly as possible. If an item is not in stock, it will be delivered as soon as possible, subject to availability.
3.2 Delivery dates or deadlines that are agreed upon as binding must be in writing.
3.3 Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like shall lead to an appropriate extension of the delivery period. Should the causes of the delay last longer than four weeks after conclusion of the contract, each party shall be entitled to withdraw from the contract.
3.4 If not all ordered items are in stock, the Seller shall be entitled to make partial deliveries at their own expense, insofar as this is reasonable for the Buyer.
3.5 If the Buyer is in default of acceptance, all risks of accidental loss of the goods or accidental deterioration of the purchased item shall pass to the Buyer at this time.
4. Warranty
4.1 If the delivery item is defective or lacks any warranted characteristics or if it becomes defective within the warranty period due to manufacturing or material defects, the seller shall, at the buyer’s discretion, either replace the item or repair it accordingly. The seller can refuse the chosen form of subsequent remedy if this can only be carried out with excessive costs.
4.2 All complaints must be made in writing (email, fax or letter) and are to be communicated to the seller as soon as possible after the defect has occurred.
5. Limitation of Liability
5.1 The Seller’s liability shall be conclusively determined as follows:
5.1.1 For damages resulting from injury to life, body or health or from an intentional or grossly negligent breach of duty by the Seller or its vicarious agents, as well as in the event of the assumption of a guarantee (to be expressly designated as such) and in the event of mandatory statutory liability, in particular under the Product Liability Act, the Seller shall be liable without limitation.
5.1.2 In all other respects, the liability of the Seller and its vicarious agents is excluded, unless an obligation is breached which is essential for achieving the purpose of the contract and on the fulfilment of which the Buyer may therefore regularly rely („essential contractual obligation“). In the event of a breach of an essential contractual obligation, the Seller shall also be liable for slight negligence. In this case, however, liability shall be limited to the foreseeable damage typical of the contract. Otherwise, the Seller shall not be liable for slight negligence.
5.2 The provisions of this Clause 5 extend to damages in addition to performance, damages in lieu of performance and claims for compensation due to futile expenditure, regardless of the legal basis, including liability for defects, delay or impossibility.
6. Payment
6.1 The Seller reserves the right to exclude individual methods of payment from the Buyer. This applies in particular to initial orders or to orders with buyers whose creditworthiness is not guaranteed. In the course of the ordering process, the buyer will be informed about the payment methods available in the individual case.
6.2 The seller is entitled to offset payments made by the buyer against any existing receivables due from the buyer.
6.3 For their part, the Buyer shall only be entitled to offset if the counterclaim is undisputed, has been legally established or acknowledged in writing by the Seller. The Buyer can only exercise a right of retention if the claims result from the same contractual relationship.
6.4 If the Buyer is in default of payment, interest shall be charged on the purchase price during the default period at a rate of 5% above the applicable base interest rate. The Seller reserves the right to prove and assert a higher damage caused by default.
7. Data Protection
All personal data will be treated confidentially in accordance with the provisions on data protection and will only be collected and processed in accordance with the provisions of the Federal Data Protection Act.
8. Online Dispute Resolution
The official platform of the EU Commission for online dispute resolution (ODR platform) can be found here: http://ec.europa.eu/odr
9. Choice of law, place of jurisdiction, severability clause
9.1 All legal relationships between the Seller and the Buyer shall be subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 If the Buyer is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the registered office of the Seller shall be the agreed place of jurisdiction. The same applies if the Buyer does not have a general place of jurisdiction or domicile in Switzerland or if the usual place of residence is not known at the time the action is filed.
9.3 Registered Buyers are subject to the following: The Seller reserves the right to amend these Terms and Conditions in the future if it appears necessary to do so and the interests of the Buyer are not unreasonably affected thereby. The necessity of changes may result in particular from the adaptation to changes in legislation and jurisdiction and from a further development of the seller’s services.
9.4 Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provisions.
Capsolute GmbH, April 2021