General Terms and Conditions of Business of KX ORAIO GmbH
1. Scope of application
These General Terms and Conditions (“GTC”) apply to the entire business area of KX ORAIO GmbH (hereinafter referred to as the “Company”).
2. Conclusion of contract
The conclusion of the contract comes about through the acceptance of the offer of the company concerning the purchase of products by the customer. The contract is concluded in any case when the customer orders or directly buys the products offered by the Company via the Company’s online shop.
Subject to other offers, all prices are quoted in Swiss francs (CHF). All prices are inclusive of applicable value added tax (VAT). For customers outside of Switzerland all prices are exclusive of any applicable value added tax (VAT) and exclusive of any other applicable taxes. The prices are exclusive of packaging and shipping costs. The Company reserves the right to change prices at any time. The prices valid on the Company’s website and in accordance with the Company’s price list at the time the contract is concluded shall apply.
The company offers the customer the following payment options: Credit card, PayPal, prepayment.
If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not pay the invoice within the set period, he is automatically in default. From the time of default, the Customer shall owe interest on arrears in the amount of 5% (five percent).
If the Company also offers products for purchase, rent or other use via an online platform, it may also demand payment by electronic means as part of the ordering process (credit cards, Paypal or other payment systems).
Offsetting the invoiced amount against any claim the customer may have against the company is not permitted. The Company has the right to refuse delivery or rendering of services in the event of default in payment.
5. Obligations of the company
5.1 Delivery / Delivery Dates
Delivery shall take place at the latest within 25 (twenty-five) working days of receipt of the order. The delivery time depends on the recipient’s location. Here you can see an overview of the approximate delivery times by country. If a timely delivery is not possible, the customer will be informed by the company within 5 (five) working days after receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall perform by handing over the ordered products to the agreed carrier. If no forwarder is agreed, the Company is free to choose a forwarder. The agreed delivery costs may not be increased by the choice of the forwarder.
The following conditions apply to business customers:
EXW according to Incoterms 2010
5.2 Auxiliary persons
The parties have the express right to call in auxiliary persons to carry out their contractual obligations. They shall ensure that the auxiliary is called in in compliance with all mandatory statutory provisions and any collective labour agreements.
An exchange of products is generally excluded.
The statutory warranty provisions apply.
The company must be notified immediately of any defects. The company is entitled to decide whether the defective product is to be repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for external repairs is excluded. During the time of the repair the customer has no claim to a replacement product. The warranty for the repaired element begins anew, for the remaining elements of the product the original warranty period continues.
Liability for any indirect damage and consequential damage caused by a defect is excluded in its entirety. The liability for direct damages is limited to the sales price of the product / service. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
9. Intellectual property rights
The company is entitled to all rights to the products, services and possible trademarks or is entitled to their use by the owner. Neither these General Terms and Conditions nor the associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication and making accessible of information, images, texts or other material received by the customer in connection with these provisions is prohibited, unless explicitly approved by the company.
If the customer uses in connection with the company contents, texts or pictorial material to which third parties have a property right, the customer must ensure that no property rights of third parties are violated.
10. Data protection
The Company may process and use the data collected within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The Customer agrees to the storage and contractual use of his data by the Company in full and is aware that the Company is obliged by order of courts or authorities and is entitled to disclose information from the Customer to these or third parties. If the customer has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the fulfilment of the service can also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection regulations apply.