General Terms and Conditions Diaqua Onlineshop

§ 1 - Validity of the Terms and Conditions

1. These General Terms and Conditions (hereinafter referred to as "GTC"), together with the documents mentioned herein, apply to all legal transactions concluded via the online shop www.diaqua.ch (hereinafter referred to as "online shop").
2. By ordering goods or services in our online shop, these GTC are deemed to be accepted. Clicking on the button "GTC's / Privacy Policy" (with integrated link to these documents) in the online shop is a prerequisite for completing the purchase process. Deviations from the GTC are only effective if they are confirmed separately in writing by Diaqua AG.
3. The products and services offered in the online shop are aimed exclusively at customers with their place of residence or registered office in Switzerland or Liechtenstein.

§ 2 - Information on contractual partners

1. Seller: This online shop is operated by Diaqua AG (hereinafter "diaqua" or "we"), CHE-252.665.917, a Swiss company with its registered office at Pfeffingerstrasse 21 in CH-4153 Reinach.
2. Buyer (hereinafter "buyer" or "customer" or "you" or "you"): As part of the registration process on our online shop, you will provide us with your contact details. Personal data that you provide to us will be processed in accordance with our privacy policy. When using the online shop, you take note of our privacy policy and how your personal data is processed. You ensure that all data and information provided by you is accurate.
   

§ 3 - Conclusion of contract

1. The products and prices in the online shop are considered offers. The offers do not constitute a legally binding offer, but an invitation to the customer to place a binding order.
   
2. Order / purchase process
   1. Button "add to shopping cart" under the selected products
   2. Choose the desired number of products
      
   3. Accept the "Terms and Conditions" and "Privacy Policy" in the checkout by confirming the checkbox and then click the "Buy" button.
   4. Pay attention to the display of product availability, which may affect the delivery time.
      
3. Payment process
   1. Click the "Shopping basket" button.
   2. Click the "Proceed to checkout" button.
   3. Enter or check your address details, the delivery address and the billing address.
   4. Select the desired payment method (e.g. invoice, credit card (TWINT / PayPal).
   5. Click the "Buy" button.
   6. You can pay the price in full or in part with vouchers.
4. Conclusion of contract
   The purchase contract is accepted by sending the purchase confirmation by e-mail.
   

§ 4 - Terms of delivery

1. Deliveries are only made to addresses of buyers in Switzerland or Liechtenstein.
2. Shipping costs: Up to a purchase amount of CHF 49.95 (incl. VAT) a shipping fee of CHF 9.00 will be charged. From a purchase amount of CHF 50 (incl. VAT), the shipping costs are waived.
3. Delivery dates are based on the information given in the order confirmation. In the event of any changes or additions to the scope of services authorised in writing by Diaqua after conclusion of the contract, previously stated delivery dates and deadlines become invalid; they are extended until further notice or in accordance with the new agreement.
4. The customer is informed of a provisional, non-binding delivery date with the order confirmation. This will be adhered to as far as possible, but Diaqua shall not be liable for any compensation in the event of delay. Delays in delivery do not entitle the customer to withdraw from the contract.
5. Partial deliveries: Such are permissible and release Diaqua from its obligation to perform to the corresponding extent.
6. Replacement products: In the event of delivery difficulties or if a product is no longer stocked, we reserve the right not to deliver the ordered product and to send information about replacement products of the same or higher quality and price, which you can then order.
7. Delay in delivery: if Diaqua is late in delivering, customers (except for special orders) have the right to withdraw from the contract from the 30th day since the originally announced delivery date. In this case, Diaqua will refund the customer any amounts already paid in advance. Further claims against Diaqua do not exist and are hereby excluded.
8. Default of acceptance: If the customer refuses to accept the delivery items after expiry of a grace period set for him without objective reason or declares that he does not wish to accept the goods, Diaqua can refuse fulfilment of the contract and demand compensation for non-fulfilment. Diaqua is entitled to demand either a flat rate of 25% of the purchase price or compensation from the customer for the actual loss incurred.
9. If Diaqua is unable to meet agreed delivery dates for reasons of force majeure or unforeseeable unusual events, it will inform the customer immediately. Cases of force majeure include in particular unavoidable events such as natural disasters, pandemics, boycotts, fire, war, embargoes, strikes, terrorism or accidents which lead to production disruptions. For the duration of force majeure events, Diaqua is released from its performance obligations until the event has been definitively remedied. The delivery periods shall be extended accordingly to the extent that the force majeure event continues.

§ 5 - Customer's duty of inspection

1. The customer must immediately inspect the delivered products for correctness, completeness and delivery damage.
2. In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.
3. Delivery damage, incorrect and incomplete deliveries must be reported to Diaqua within 3 days of the time of delivery at the latest. After expiry of this period, the goods are deemed to have been accepted by the buyer. This notification must be made online. See § 8 clauses 2 and 3.

§ 6 - Transfer of risk

The risk is transferred to the customer as soon as the consignment has been handed over to the company carrying out the transport. If dispatch is delayed or becomes impossible through no fault of Diaqua, the risk is transferred to the customer with the notification of readiness for dispatch.

§ 7 - Warranty

1. If the services provided by Diaqua prove to be defective, Diaqua will provide repairs or replacement deliveries free of charge under warranty for 24 months from the transfer of risk in accordance with § 6. Diaqua will decide at its own discretion whether the defect will be remedied by repair or replacement delivery. Any warranty is excluded insofar as legally permissible. It shall not be revived after expiry of the warranty period.
2. In order to be able to assert claims for defects, the customer must inspect the goods immediately, at the latest within 14 days in accordance with § 8, and notify Diaqua in writing of any defects. The defective product must be returned to Diaqua for inspection together with the returns note in accordance with § 8. In the event of a repair or replacement delivery, only the value of the goods and any transport costs will be covered, other possible consequential costs will not be compensated.
3. If materials supplied by Diaqua are replaced in the course of repair work, Diaqua acquires ownership of the returned parts. The warranty period for replaced or repaired goods begins anew and again lasts 24 months from dispatch of the replacement goods by Diaqua.
4. If the repair or replacement delivery fails again, the customer can cancel the order concerned. In the event of a claim for damages, the customer must first indemnify his insurance company, i.e. the complete damage must be reported to the customer's insurance company and reimbursed by it.

§ 8 - Returns of defective goods

1. Customers can return the defective goods within 14 days of delivery.
2. The return order must be registered via the customer account or as a guest via the URL/en-ch/guest-order-return.htm in the online shop. All input fields must be completed.
3. Diaqua will then create a return slip for the return and send it to the customer by e-mail or diaqua customer service will contact you with information on how to proceed.
4. The return slip also contains the return address per country and must be enclosed with the return. Without the return number and return slip, no processing is possible and the returned goods cannot be accepted.

§ 9 - Return of faultless goods

1. The right of return is exercised by returning the goods, whereby the goods must be unopened (this does not mean the shipping packaging, but the product packaging if available) and unused.
2. Customers have the right to return the goods within 14 days of delivery. The right of return is exercised by returning the goods, which must be unopened and unused. The return order must be registered via the customer account in the online shop.
3. The exercise of the right of return leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract are refunded.
4. After receipt of the goods at Diaqua, any purchase price already paid will be credited to the customer's account. However, a deduction from the purchase price to be refunded for possible damage or signs of wear and tear remains reserved.

§ 10 - Payment

1. In principle, all purchase transactions are processed against prepayment. Delivery shall only be made after receipt of payment.
2. Customers may use the payment methods available (e.g. credit cards, payment services, etc.). credit cards, payment services, etc.) in the online shop under "Payment options".
3. Purchase on account is excluded.

§ 11 - Change of order or cancellation

1. Orders oblige customers to accept the products and services. Subsequent changes to or cancellations of customer orders can be accepted by diaqua at its own discretion and a handling fee of 20% of the cancelled order value, but at least CHF 40, as well as any loss in value of the cancelled products since their order, will be charged.
2. If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract in accordance with §4, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be released from the obligation to pay. Further claims due to delayed delivery or cancellation of delivery are excluded.
   

§ 12 - Data protection and community

Personal data transmitted by you to us will be collected, processed and stored in accordance with the relevant statutory provisions of data protection law. For individual details, please refer to our privacy policy.

You agree that we may send you unsolicited advertising or communications about current products or services from time to time (opt-in). If you no longer wish to receive such advertising or communications, you can unsubscribe from such advertising or communications at any time via the address service@diaqua.com (opt-out).

§ 13 - Limitation of liability

1. diaqua is only liable for damages caused by grossly negligent or intentional behaviour. diaqua is not liable in the event of delay through no fault of its own, in the event of breach of the duty to cooperate by the customer or other impossibility of fulfilling its contractual obligations through no fault of its own.
2. Liability for slight and medium negligence, for indirect damages and consequential damages as well as liability for third parties and auxiliary persons is excluded to the extent permitted by law.
3. Furthermore, diaqua is not liable for damages due to natural wear and tear, unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, faulty or negligent handling and excessive use or other reasons for which diaqua is not responsible. The same applies if the customer or third party does not immediately give diaqua the opportunity to rectify a defect.
4. Any further liability on the part of diaqua is excluded.

§ 14 - Final provisions

1. diaqua reserves the right to amend these "General Terms and Conditions" at any time. If this is the case, you will be informed of this in an appropriate form. The next time you make an online purchase, you will be asked to accept the new terms and conditions. Without their new acceptance, your order cannot be processed. diaqua also reserves the right to adapt, optimise or supplement technical features in its online shop with new technical aspects at any time.
2. The invalidity of individual provisions of the GTC shall not affect the validity of the remaining provisions and the existence of the GTC. The invalid provision shall be replaced by a provision that comes closest to the economic content of the invalid provision. The same applies in the event of a loophole.
3. All disputes arising from or in connection with these General Terms and Conditions and all orders/contracts concluded in the online shop are subject exclusively to the competent courts of the city of Basel.
4. The contractual relationship is governed by Swiss substantive law, excluding the Vienna Sales Convention and without reference to provisions of the IPRG (and any further references to foreign legal systems contained therein).

Version April 2022