GENERAL TERMS AND CONDITIONS (ONLINE STORE B2B)
1. Scope and supplier
These general terms and conditions apply to all orders placed with the online store of Caveau Swiss Sagl, Via Biee 49, 6984 Pura (Switzerland), brand: Art Funeral Italy represented by the managing director Eva Adam.
The goods offered in our online store are intended exclusively for buyers who have reached the age of 18 and are to be regarded as entrepreneurs.
Our deliveries, services and offers are made exclusively on the basis of these GTC. The GTC shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is contradicted already now.
Contract language is exclusively German.
You can retrieve and print the currently valid GTC on the website [www.artfuneral.com].
2. Conclusion of contract
The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
By clicking the button [“buy” / “order now with obligation to pay”] you submit a binding purchase offer.
After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship the goods to you – without prior expressed declaration of acceptance.
The prices stated on the product pages are net and do not include the respective statutory value added tax and the respective shipping or delivery costs.
4. Terms of payment; Default
Payment shall be made by:
Invoice with payment term
Invoice with advance payment
The selection of the available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to hedge our credit risk only prepayment.
If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
If you are in default with a payment, you are obliged to pay the statutory default interest of 9 percentage points above the prime rate. In addition, you are entitled to payment of a lump sum in the amount of 40 euros. We reserve the right to claim further damages.
5. Offsetting/right of retention
You shall only have a right of set-off if your counterclaim has been legally established or is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6. Delivery; retention of title
Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address specified by you.
The goods are considered to have been handed over without complaint when they are handed over by the shipping service provider. It is your responsibility to check the packages that there is no damage. Damages are to be documented by photo and to be noted with the delivery by the dispatch service provider (“e.g. acceptance under reserve”).
We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on sales with the following modifications:
Only our own information and our product description in the online store are binding for the quality of the goods, but not public promotions and statements and other advertising.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded. Wood is a natural product
Deviations of the delivered products from the image material in the online store in terms of wood grain, structure, color and dimensions do not constitute grounds for defects. Wood is a timeless natural product, which is influenced by basic physical laws such as temperature and humidity dimensionally. This natural and rustic character, which is the special charm of wood, however, also imposes certain restrictions on the nature of the products, which must be consciously accepted (influence light, wood grain, structure, color and dimensions, etc…). Despite the most careful selection of materials and the most modern production methods, the presented peculiarities of wood, which can be observed again and again in practice, must be accepted. Each product made of wood differs from piece to piece in structure and color. The influence of light also plays an important role, as woods and their appearance also change as a result. This makes every single product unique.
The material wood leads to an individual and lively overall picture, but also to the fact that a product shown in the pictures can only exemplify the structure and color of another product.
Slight dimensional deviations in the millimeter range are possible, since our urn bodies are manufactured wood-based. In the case of defects, we provide warranty at our discretion by rectification or replacement (subsequent performance). In the case of subsequent improvement, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.