Allgemeine Geschäftsbedingungen für Käufe im Onlineshop unter www.JG-Bonsai.ch
§ 1 Allgemeines, Geltungsbereich der AGB
1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order.
1.2 The contracting party is [JG-Bonsai, Erlenweg 11 3076 Worb, Javier Garcia (hereinafter "Seller").
1.3 Customers within the meaning of these Terms and Conditions may be consumers (hereinafter "Customer"). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity.
§ 2 Conclusion of the contract, conclusion of the contract
2.1 The offers and article presentations do not constitute a binding offer. Only your order is a binding offer which we can accept. After sending the order, we will first send you an order receipt confirmation by e-mail. If we accept your order, you will receive an order confirmation by e-mail within 3 working days of receipt of your order, with which the contract is concluded.
2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the product image. You can place the item in the shopping basket by clicking on the [Add to shopping basket] button. You can view the contents of the shopping basket without obligation at any time by clicking on the [Shopping Basket] button. You can remove or change the products from the shopping basket by clicking on the [Change] and [Delete] graphics. If you want to buy the products in the shopping cart, click on the [Checkout] button on the "Shopping Cart" page.
In the course of the further ordering process, you set up a customer account with us for your first purchase and select the shipping and payment method. In the last step, you will receive an overview of your order data under "Order information" and can check all details again and delete or change them under [correct]. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete the purchase, you must accept our General Terms and Conditions and press the [Buy] button. This will send the order to us.
§ 3 Storage of the contract text
We store your order, the order data entered and the entire text of the contract. We will send you an order receipt confirmation, a payment receipt confirmation and then an order completion confirmation by e-mail.
§ 4 Right of withdrawal for consumers
1. cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and e-mail address) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
2. exclusion of the right of withdrawal
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
§ 5 Model cancellation form
You can find the form at the bottom of the website (footer area) under cancellation policy.
(If you wish to revoke the contract, please complete and return this form).
§ 6 Prices and shipping costs
All prices are inclusive of VAT (small business and not subject to tax) plus shipping costs. We deliver with [DHL, UPS etc.] or another provider of our choice.
§ 7 Terms of delivery
7.1 Delivery locations: Switzerland, Austria, Germany, France.
7.2 Unless otherwise stated in the offer, the goods will be dispatched within [4] working days after [receipt of order].
§ 8 Terms of payment
8.1 Payment shall be made either in advance by bank transfer, credit card (VISA, Mastercard), Paypal, We reserve the right to exclude individual payment methods.
8.1.1 If you choose payment in advance, you will receive the bank details by e-mail.
8.2 We retain ownership of the purchased item until the invoice amount has been paid in full.
§ 9 Warranty
If you are a consumer, the warranty is provided in accordance with the statutory provisions.
§ 10 Liability
We shall be liable without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the event of slight negligence, we shall be liable for injury to life, limb and health of persons.
In other cases, we shall only be liable for slight negligence in the event of a breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner relies on. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Customer service
If you have any questions, complaints or claims, please contact us. You can reach us by e-mail at jg-bonsai@bluewin.ch
§ 12 Miscellaneous
12.1 The contractual language is German.
12.2 If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
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