Terms of Service
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions that are concluded via the online shop https://www.mamm.ch (hereinafter referred to as "online shop").
The online shop is operated by the sole proprietorship Elezi Commerce.
For the sake of simplicity, Elezi Commerce will be referred to as "we" in the following.
1.3 Timeliness of the GTC
Our terms and conditions can be changed at any time. The version of these GTC valid at the time of the order is decisive for you.
1.4 Deviating regulations
Regulations that deviate from the General Terms and Conditions only apply if they have been confirmed by us in writing.
2.1 Product Descriptions
All images of our products are for illustration purposes only and are non-binding.
All product descriptions are written by us and may not be copied or reused. Our product descriptions are based on individual experiences with the products and are not binding. The manufacturer's information is decisive for the product specifications.
2.2.1 Prices in the online shop
Our prices are generally valid until they are changed on the sales page of our online shop.
We reserve the right to change the prices of the products and services offered at any time.
2.2.2 Prices in individually issued offers
Individually issued offers are valid until the end of the period stated on the offer, but no later than 3 working days after receipt of the offer.
2.2.3 Value Added Tax
All prices in our online shop include VAT.
2.2.4 Additional Services and Fees
Paid additional services ordered, such as Saturday delivery and fees/discounts for the selected payment method, are listed separately on the invoice.
2.3 Availability and Delivery Time
We try to keep the availability and delivery times in our online shop up to date. Nevertheless, delivery bottlenecks from our suppliers can lead to delivery delays. This means that the specified delivery times cannot be guaranteed and are therefore without guarantee. We also reserve the right to change the specified delivery times at any time.
2.4 Payment Method Delivery Options and Fees
2.3.1 Delivery Options
With the delivery option "Saturday delivery" you can also have your package delivered on Saturday. This makes sense especially if you can't wait all weekend for your order. We charge a fee of 5 CHF for this delivery option.
2.3.2 Payment Method Fee or Charge
For the "payment in advance" payment method, we calculate a discount of 2% on the total value of your shopping cart. This discount will be displayed and listed separately during the ordering process and on the invoice.
3. CONCLUSION OF CONTRACT
The products and prices in the online shop represent a non-binding offer. However, we reserve the right to change the offer if we provide incorrect information and to reject or correct your order. In addition, we reserve the right to refuse the payment method "purchase on account" or "purchase in 3 monthly installments" without giving any further reasons. In particular, when looking at the customer's history, poor payment behavior can be identified, when the customer is currently in the dunning process, when we believe there is an increased risk of non-payment, or when there is a suspicion of fraud. In this case, an alternative payment method can be selected or the order can be cancelled.
3.2 Exclusion from Offer and Freedom of Contract
Based on the freedom of contract, we reserve the right to refuse a contract with you without giving reasons.
3.2 Contract of Sale
An order can be placed via the online shop and in writing (e-mail or post). In addition, an order can also be placed over the telephone or via a sales representative with the express notification of the purchase intention. With the order or delivery confirmation, a legally valid purchase contract is created.
3.3 Declaration of Acceptance
With your order you waive a declaration of acceptance.
We reserve the right to check your order and only accept it with an order or delivery confirmation.
3.4 Order Confirmation
After you have placed your order in our online shop, you will receive an order confirmation automatically generated by our online shop. The receipt of this automatic order confirmation shows you that your order has been sent to us, but is not a guarantee that the product can actually be delivered. The contract is only concluded under the condition of the possibility of delivery, the correct quotation and receipt of the order or delivery confirmation.
3.5 Incorrect Submission
The risk of an unexplainable, faulty transmission lies with you.
3.6 Further processing of your data
With the order you give your consent that we store and automatically process your personal data to the extent necessary for the execution of the contract.
4.1 Delivery Date
4.1.1 Provisional Delivery Date
As a rule, you will receive a provisional delivery date with the shipping notification. This is provisional and not guaranteed.
4.2 Withdrawal from the contract in the event of a delay in delivery
If we are in default of delivery, you can withdraw from the contract after a period of 14 days. The period is calculated from the originally announced delivery date. In this case, we will fully refund any amounts already paid. There are no further claims.
4. 2 Delivery Performance
4.2.1 Delivery Area
We only deliver to addresses in Switzerland and Liechtenstein.
4.2.2 Delivery Times
The specified delivery times are non-binding and depend on the actual stock levels.
4.2.3 Absence on Delivery Date
If you are unable to accept the ordered products on the agreed delivery date, we can charge you for the additional delivery costs incurred as a result.
We are not liable for damage of any kind suffered by the goods after they have been handed over to a transport institution (post office, forwarding agent, etc.). Please contact the relevant transport company immediately, as they are responsible for transport damage.
4.2.5 Partial Deliveries
We reserve the right to make partial deliveries if individual items are not available.
4.2.6 Shipping Method
The choice of shipping method is at our discretion.
Exception: A specific shipping method was specified when the order was placed.
4.2.7 Duty to Deliver
We are released from the obligation to deliver if the sub-supplier is unable to deliver and we have not chosen the sub-supplier carelessly, culpably.
In this case, we will inform you immediately and reimburse you for the services rendered.
4.2.8 For Entrepreneurs
If you are an entrepreneur, the risk of accidental loss or accidental damage to the goods passes to you when the goods are delivered to the commissioned transport company.
4.2.9 For consumers
If you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes to you when the goods are handed over. The handover is the same if you are in default of acceptance.
4.2.10 Changes to the Goods
We reserve the right to make changes customary in the trade up to delivery, but above all to make improvements to the goods. Your interests will never be unreasonably affected.
5. WARRANTY / COMPLAINTS
5.1 Audit Obligation
You are obliged to check delivered products immediately for correctness, completeness and delivery damage.
5.2 Defects in the Goods
Defects in the goods or incomplete deliveries must be reported within a period of 3 days from the time of delivery. We have included a section in our online shop for this message. You can report this under "Returns & Returns". You must not use the reported product and must keep it in the original packaging until further action has been clarified and you have been informed.
5.3 Elimination of Defects
If there is a defect in the items delivered by us, the defect will be remedied at our discretion by elimination or by replacement.
5.4 Limitation of Claims for Defects
Claims for defects expire two years after delivery.
Excluded are claims for damages based on gross negligence or intent, the breach of a material contractual obligation, as well as liability under the Product Liability Act and for bodily injury.
If the rectification or subsequent performance is delayed beyond a reasonable period for reasons for which we are responsible, or if the subsequent performance/repair fails in any other way, you are entitled to withdraw from the contract or to reduce the purchase price. In the event of a breach of duty for which we are not responsible, your right to withdraw from the contract is excluded.
5.5 Late Delivery
You cannot hold us liable for recourse due to late delivery. You are only entitled to withdraw after a period of 14 days.
5.6 Obligation to Pay
Defects in a part of the delivery cannot lead to a complaint about the entire shipment. Complaints and disagreements of any kind do not stop the obligation to pay.
6.1 Payment Methods
You have the choice between the following payment methods:
- Credit card
- Payment in advance
- On Bill
6.2 Terms of Payment
6.2.1 Credit card
When ordering with a credit card, the amount owed will be reserved on your credit card at the time of the order. However, the debit only takes place when we confirm this manually after a successful check.
When ordering via PayPal, the amount is booked immediately.
After a successful order you can transfer the amount owed to our account. You will be informed of the account details after receipt of the order.
It usually takes up to a day for the transfer to take place. We wait with the delivery until the transfer has been successful, but no more than 10 days. After 10 days, the availability of the ordered products cannot be guaranteed.
By placing your order, you enter into a binding purchase contract with us that cannot be cancelled. This means that you are also liable to pay for an order placed in advance. The payment period is a maximum of 10 working days. If you do not meet your payment obligation, we can withdraw from the contract and demand compensation or further acceptance. In the event of withdrawal from the purchase contract, a contractual penalty (in the sense of a flat-rate compensation) of 30% of the order value, but at least CHF 60.00, as well as any loss in value of the canceled products since they were ordered, is agreed. Custom-made products of all kinds cannot be canceled or taken back. We are also entitled to invoice the storage costs for activities and expenses retrospectively from the date of purchase until the termination of the contract. Billing is in full months, CHF 20.00 per month.
6.2.3 Purchase on account with partial 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 receive a monthly invoice with an overview of your order in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept the POWERPAY terms and conditions in addition to our terms and conditions .
6.3 Late Payment
6.3.1 Obligation to Pay
You are obliged to pay. If you do not comply with this obligation, we reserve the right to issue a reminder and to refuse further deliveries of products from our online shop.
If payment is delayed after the agreed period of 14 days for purchases on account and 10 days for purchases in advance, a payment reminder will be sent without further consequences.
After the payment reminder, we issue a reminder, which results in a reminder fee of CHF 20.
If the invoice is not paid even after the reminder, we will initiate debt enforcement proceedings.
6.4 Debt enforcement & debt collection
6.4.1 Operation introduction
If you do not respond to our payment reminder or our reminder, we will initiate debt enforcement proceedings at the responsible debt enforcement office. From this point in time, the payment order from the debt enforcement office, including debt enforcement fees, must be paid. In this case, it is no longer possible to pay us directly.
6.4.2 Have the operation deleted
In principle, we do not allow debt enforcement to be deleted. However, if you have good reasons, you can still contact us and describe your individual case to us.
We reserve the right to charge a processing fee of CHF 100 for deleting the operation. This is due in advance.
6.5 Cancellation of Orders
6.5.1 Obligation to Accept
There is an obligation to accept the products and services after the order has been placed. By placing your order, you enter into a binding purchase contract with us that cannot be cancelled.
6.5.2 Compensation in the event of withdrawal from the contract
If you do not meet your payment obligation, we can withdraw from the contract and demand compensation or further acceptance. The cancellation of the order is free of charge within the first 24 hours after receipt of the order. If the period of 24 hours elapses, we will charge a contractual penalty (in the sense of a flat-rate compensation) of 30% of the order value, but at least CHF 60.-, in the event of withdrawal from the purchase contract, as well as any loss in value of the canceled products since they were ordered. Custom-made products of all kinds cannot be canceled or taken back. We are also entitled to invoice the storage costs for activities and expenses retrospectively from the date of purchase until the termination of the contract. Billing is in full months, CHF 20.00 per month.
6.6 Retention of title
The goods remain our property until all of our claims, including previous and future claims against you, have been paid, in particular as long as you can still cause the payment to be returned. Goods that are subject to retention of title by us may neither be pledged nor assigned as security, nor passed on in exchange, nor modified by you or third parties. Seizures made by third parties must be reported immediately.
7. DISCLAIMER OF WARRANTIES
7.1 Control by the manufacturer
The products we sell are subject to strict controls by the respective manufacturer. Thus, the manufacturer is liable for the quality of the products.
7.2 Discomfort and Complications
With your order you confirm that we cannot be prosecuted for any complaints or complications.
7.3 Prohibited Additions
If an ordered product contains an additive that is not permitted, you will be contacted by us immediately.
7.4 Storage or Use
We are not liable for improper storage or use of the products.
We are not liable for the modification of the goods by you or third parties.
8. RETURNS & RETURNS
8.1 Guarantees on Selected Offers
Guarantees for certain products and offers are given by us voluntarily and cannot be claimed for the entire range.
8.2 Terms and Conditions
Guarantees are always recorded in writing on the supplied invoice, so that the exact terms and conditions of the respective offer can always be understood.
8.3 General Right of Return
We grant you a voluntary right of return that applies to almost all products in our online shop.
All polishing machines, lighting, high-pressure cleaners and compressed air guns are excluded from the right of return.
Furthermore, the right of return only exists under the following conditions:
- The items must be complete, in their original packaging, undamaged and unused.
- The items must be registered in advance for the return.
- Items must be returned within 14 days of receipt of delivery.
We reserve the right to deduct compensation for possible damage or excessive wear and tear from the purchase price to be refunded.
Commercial customers (dealers & processors) are also excluded from the right of return.
8.4 Shipping Charges for Returns
Unless otherwise agreed, you have to bear the delivery costs for the return.
The cost of delivery to you will be billed to you separately after the return has been processed.
8.5 End of Returns Policy
Unless otherwise agreed, the right of return ends after 14 days.
Timely dispatch is decisive.
The delivery address for returns is:
9.1 Place of Performance/Jurisdiction
Place of performance and place of jurisdiction for all claims and legal disputes arising from the contractual relationship for both parties is exclusively Basel, unless otherwise stipulated by law. The purchase contract is subject to Swiss law.
9.2 Contract Language
The contract language is German.
Vouchers issued by us can only be redeemed for orders in our online shop. There is no right to payment of the amount.
9.4 Invalidity of Individual Provisions
Should a provision be or become void, the validity of the remaining provisions shall remain unaffected.
All rights to these terms and conditions belong to Elezi Commerce.
Any copying, duplication and use for your own purposes of these terms and conditions are strictly prohibited.
If copyrights are violated, we will take legal action.
Elezi Commerce, Albinot Elezi,
Basel, January 04, 2019