General terms and conditions

with customer information

1) Scope of Application

These Terms and Conditions of the company HI-PRO GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to unless other terms have been stipulated.

A consumer, according to these Terms and Conditions, is any individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft, or profession. A trader, according to these Terms and Conditions, is any person acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting in the trader’s name on the trader’s behalf.

 

2) Conclusion of the Contract

The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller but merely serve the purpose of submitting a binding offer by the Client.

The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract about the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller using a telephone or e-mail.

The Seller may accept the Client's offer within five days.

 

  • by transferring a written order confirmation or an order confirmation in written form (fax or email); insofar receipt of order confirmation by the Client is decisive, or

  • by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or

  • by requesting the Client to pay after he/she placed his/her order.

  • If several of the alternatives apply, the contract shall be concluded at the time when one of the alternatives firstly occurs. Should the seller not accept the Client’s offer within the period, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the fifth day's expiry following the sending of the offer.

The contract’s content will be stored by the Seller and will be sent to the Client in writing, including these Terms and Conditions and Client Information (for example, via e-mail, fax or letter) after the Client has submitted his order. The contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account. The Client has created a customer account in the online shop before submitting his order.

The Client can correct all the data entered via the usual keyboard and mouse function before submitting his binding order. Besides, before submitting the order, all data entered will be displayed in a confirmation window and corrected here and via the usual keyboard and mouse function.

The contractual language is English.

Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to cancel

Consumers are entitled to the right of cancellation. Detailed information’s about the right of cancellation is provided in the Seller’s instruction on cancellation.

4) Price and Delivery Costs

Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

Payment can be made using one of the methods mentioned in the Seller’s online shop.

If payment in advance has been agreed upon, payment shall be due immediately upon the conclusion of the contract.

When payments are made using a payment method offered by PayPal, handling of payments occurs via the payment service provider PayPal ((Europe) S.a. r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB. In case the client has no PayPal account, the conditions applicable for payments without a PayPal account will be effective. They can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

5) Shipment and delivery conditions

Goods are generally delivered on dispatch route to the delivery address indicated by the Client unless otherwise agreed. For the transaction procedure, the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be applicable.

Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller, and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery or if he/she has been temporarily impeded to receive the ordered goods unless the Seller has given notice to the Client in an adequate period before the delivery.

The Seller reserves the right of partial delivery. In this case, the Seller informs the Client that all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.

The risk of accidental destruction and accidental deterioration of the sold goods shall, in principle, be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, he shall inform the Client without delay, and payments made by the Client will be immediately refunded.

 

6) Liability for defects

The statutory consumer rights will apply.

If the Client is a consumer, and he uses his short-term rights to reject the product, he must return the product at his cost.

 

7) Law and Jurisdiction

If a Client acts as a consumer according to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.

If a Client acts as a trader according to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.

 

8) Alternative dispute resolution

The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

 

The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

HI-PRO

 

We offer our clients a big variety of different products.

Contact

 

Seestrasse 166

CH-8806 Bäch

 

Phone: +41 78 777 79 79
E-Mail: info@hi-pro.ch

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© 2018 by HI-PRO GmbH, Seestrasse 166, CH-8806 Bäch -  Tel. +41 78 777 79 79