General Terms and Conditions for the Online Shop
General Terms and Conditions for the Online Shop
Sect. 1 Validity of conditions
1. Deliveries, services and offerings of Hotel Waldhaus Sils AG all take place exclusively on the basis of these business conditions, even if they have not expressly been agreed upon again. These conditions are deemed to be accepted for the order or delivery of goods. The buyer’s general conditions of purchase are hereby contradicted.
Deviations from these business conditions are only effective if we confirm them in writing.
Sect. 2 Offer and conclusion of the contract
1. The offerings of Waldhaus Sils AG on price lists, online or on other communication channels are subject to change without notice and are non-binding. Orders are binding for Waldhaus Sils AG only after written confirmation. Acknowledgements of orders or tenders are only created on explicit request.
2. The data on our Web Shop (drawings, images, measurements, weight and other goods and services) are only to be seen as guidelines and do not constitute a guarantee of features, unless they are explicitly labeled in writing as binding.
3. If the buyer, guest exceeds their credit limit by ordering, then we are released from our delivery and/or service obligations.
Sect. 3 Prices
1. The prices stated in our acknowledgement of the order are decisive. These are fixed for goods in stock at the time of the order being placed. If there is a shortage of supply or procurements, the current price on the day of the order being placed is valid.
2. Unless otherwise agreed, the prices are inclusive of statutory VAT and shipping. The way of shipping is in the decision of Waldhaus Sils AG. Is there another wish of the buyer, such as for example priority shipping, the cost will be charged to the buyer.
Sect. 4 Delivery period and time of performance
1. Deadlines and delivery deadlines are non-binding in as far as they have not been specifically agreed differently in writing. The indication of a specified delivery period and delivery deadline by Waldhaus Sils AG, are subject to a reservation of the correct and punctual delivery by suppliers and manufacturers to Waldhaus Sils AG. Of course we will immediately contact you, if the article is not anymore on stock at the Hotel.
Sect. 5 Default of acceptance
1. If the buyer refuses to accept the delivery items or services upon expiry of a final deadline set for him, or declares that he will not accept or does not want to accept the goods or service, then Waldhaus Sils AG can refuse to fulfill the contract and can demand compensation for non-fulfillment. Waldhaus Sils AG is entitled to demand either a lump sum (see cancellation conditions in hotel bookings) or, for goods, the reimbursement of the effectively accrued damages from the buyer.
Sect. 6 Delivery
1. Visible differences in quantities must be reported in writing immediately upon receipt of the goods, covered differences in quantities within 4 days after receipt of the goods from Waldhaus Sils AG. Complaints concerning damages, late delivery, loss or poor packaging must be reported with a photo immediately after the arrival of the shipment.
Sect. 7 Transfer of risk
1. The risk will be passed to the buyer as soon as the package has been handed over to the person carrying out the transportation. If the shipment is delayed or becomes impossible and we are not at fault, then the risk passes to the buyer with a message about readiness for dispatch. The agreed acceptance of transport costs by Waldhaus Sils AG has no influence on the transfer of risk.
Sect. 8 Warranty
1. The warranty, in accordance with the following conditions, amounts to 1 year if it is not otherwise specifically agreed in writing.
2. The warranty period begins with the date of delivery. If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not correspond to the original specifications, then each warranty will no longer apply, provided that the defect can be ascribed to this. This is also applicable if the defect can be ascribed to inappropriate use, storage and handling of the goods or intervention, as well as the opening of apparatus. Negligible deviations from guaranteed properties of the goods do not elicit warranty rights.
3. Warranty claims against Waldhaus Sils AG may only be asserted by the actual buyer and are non-transferable.
Sect. 9 Returns
1. For returns we request that the defective goods and a copy of the bill which was delivered with the goods are sent to or delivered to Waldhaus Sils AG for checking, unless there is agreed something different. The shipping costs are to be borne by the buyer.
Sect. 10 Reservation of ownership
1. The delivered goods remain the property of Waldhaus Sils AG until full payment has been received.
Sect. 11 Payment
1. Payment is exclusively made by credit card for orders outside Switzerland and also by invoice for orders in Switzerland unless otherwise agreed.
2. Payment is only completed when we can access the amount.
Sect. 12 Limitation of liability
1. Compensation claims due to impossibility of services, contractual infringement, debts when signing the contract and from unauthorized actions against us and our proxy or vicarious agent are excluded, except in the case of intent or gross negligence. No liability is accepted for consequential damages from the use of the products.
Sect. 13 Data protection
1. Waldhaus Sils AG is authorized to process the data obtained regarding business connections or in the context thereof about the buyer, whether these come from the buyer themselves or third parties, in accordance with the Federal Data Protection Act.
2. Personal customer data is treated as confidential and not passed on to third parties.
Sect. 14 Place of jurisdiction
1. Sils/Segl Maria i. E. is the exclusive place of jurisdiction for all disputes directly or indirectly arising from the contractual relationship. The legal relationship is subject to Swiss law.
Waldhaus Sils AG,
Sils/Segl Maria i. E., February 2017