General Terms and Conditions
- The general business terms and conditions form the basis for all legal transactions between Villiger and its customers over the Cannard Online Shop. The customer accepts these general business terms and conditions each time they place an order.
- Any alteration of these terms is only legally effective if Villiger has accepted the change expressly and in writing.
- Offers in the Villiger Online Shop are subject to change and non binding. They do not obligate Villiger to accept order(s). The contract only takes affect (provisional on the goods actually being available) when Villiger sends a confirmation stating that it accepts the customer's order (order confirmation) or if Villiger takes an action which implies intent (delivery, etc.).
- Villiger is authorized to store the customer's data and to process it automatically for purposes pertaining to the business relationship. The customer gives his/her express consent to Villiger to allow access to and processing of the customer's data by domestic and/or foreign Group companies or third parties for this purpose.
II. Orders / Terms of Delivery
- Orders are sent to Villiger in electronic form. Unless otherwise agreed upon in writing, the delivery period is 10 (ten) working days after the credit card is charged. The delivery periods are extended correspondingly if the information required to fulfil the contract is not received by Villiger in time or if the customer changes this information at a later date.
- The exact delivery address must be provided along with the order. Delivery is made to the entrance door or to the ground floor ramp of the building. Costs resulting from inaccurate delivery address information, wait times at the delivery location, or other special customer requests such as notification by telephone, delivery to a specific floor, or specific delivery times will be charged to the customer.
- Deliveries are only made within Switzerland and the Principality of Liechtenstein.
- Benefit and risk are passed to the customer when the goods are handed over for shipping.
- The delivery obligation of Villiger is subject to the condition that Villiger is supplied in time and correctly (especially with precursor materials) by its suppliers.
- Partial deliveries to the customer are permissible to a reasonable extent.
- Events which are unforeseen, unavoidable, or outside the area of responsibility of Villiger (e.g. force majeure, strikes and lockouts, malfunctions, problems with regard to procurement of materials and energy, transport delays, lack of manpower, energy, and raw materials, and agency measures) extend the delivery period by the duration of the disruption and its effects. In these cases damage claims by the customer are excluded, even in case of rescission from the contract according to section II/8.
- If the obstruction lasts for more than one month, then both parties are entitled to rescission from the contract.
- If Villiger is shown to be at fault for failure to meet the agreed upon delivery date or for an incorrect delivery, then the customer is entitled to reimbursement of the amount paid.
III. Prices and payment terms
- The Villiger Online Shop prices are ex works gross incl. the respective applicable VAT in CHF. Tobacco tax
is included but packing and delivery/shipping costs are extra.
1 or 2 single package(s): CHF 1.10 delivery costs
3 or more packages: CHF 7.00 delivery costs
- Delivery is free of charge for invoice amounts of CHF 250.00 and higher.
- Goods are paid for electronically by credit card when the order is placed.
- If a timely delivery to the customer does not take place due to supply bottlenecks at Villiger, then Villiger will refund the full amount received.
IV. Warranty and Liability
- The customer must inform both the shipper and Villiger of transport damage in writing, immediately upon delivery in case of externally visible damage and otherwise within 24 hours after receipt of the goods.
- Villiger must be notified of other defects in writing, immediately but no later than 8 (eight) days after receipt of the goods, no later than 8 (eight) days after discovery in the case of hidden defects, and in all cases within no more than 3 months after receipt of the goods. As far as possible, samples of defects must be provided if goods are rejected.
- If the complaint is not entered in a timely manner in accordance with section IV/1 and / or IV/2, then all warranty rights including the right to compensation are forfeit, unless a longer period is specified by law.
- Flaws for which Villiger is not liable are not considered to be defects, in particular flaws resulting from force majeure, improper use or storage, intervention by the customer or a third party, special environmental conditions or unusual environmental influences.
- In case of properly raised and legitimate claims, Villiger will, under the exclusion of all legal warranty claims, either replace the goods or refund the purchase price as the customer chooses. If the supplementary performance should fail twice, be unjustly refused, or delayed, then the customer can claim a reduction in price or - in the event of severe defects - withdraw from the contract after a suitable grace period has expired without effect.
- If Villiger is shown to be at fault for the defect(s), then the customer is entitled to reimbursement of the price paid for the defective goods.
- Damage claims against Villiger are only valid if the warranted properties are missing, if material contractual obligations were breached by Villiger, or if damage was caused by Villiger or its auxiliary persons in a deliberate or grossly negligent manner. All other claims for compensation are excluded.
V. Return of goods
- The customer has no right to return goods. Return of the goods by the customer requires the prior written consent of Villiger and is at the customer's expense and risk. Goods must be returned in the original packaging in all cases. There is categorically no right to compensation for returns.
- If Villiger agrees to accept the return of delivered goods in writing in a specific case, then a processing fee of no less than 20% of the value of the goods, plus VAT, will be charged. Necessary reconditioning costs will be charged separately. The risk and costs for transportation are borne by the customer.
- Villiger is not obligated to return goods which it has not refunded, or to keep them available for pickup. Villiger reserves the right to return products which are no longer in perfect condition to the customer at the customer's expense and risk.
VI. Partial Nullity
If individual clauses of these general business terms and conditions are or become incomplete, legally void, or infeasible, then this does not affect the validity of the remainder of these general business terms and conditions. In such cases the parties will come to an agreement which replaces the respective clause by an effective clause which comes as close as possible to being equivalent.
VIII. Applicable Law, Place of Fulfilment, and Place of Jurisdiction
- All legal transactions between Villiger and the customer are subject exclusively to material Swiss law, under exclusion of the United Nations accord from April 11, 1980 on contracts regarding the international sale of goods.
- Pfeffikon LU is the place of performance for all obligations arising from the legal transactions between Villiger and the customer.
- Pfeffikon LU is also the only place of jurisdiction for all disputes arising from the legal transactions between Villiger and the customer.