These General Terms and Conditions (hereinafter «T&C») apply to all business relationships between KW Premium Produkte AG (hereinafter «KW Premium Produkte AG», «us» or «we») and the customer (hereinafter «customer», «buyer» or «you») for Produkte (hereinafter «products» or «goods») purchased by private individuals or companies via our website «www.reifenkissen.ch» (hereinafter «online shop» or «website»).
The online shop is operated by:
KW Premium Produkte AG
Bleicherweg 74
CH-8002 Zurich
UID-Nr. CHE-419.950.064
Email: info@reifenkissen.ch
Individual agreements concluded with the customer take precedence over these «T&C». Any conflicting conditions of the customer will not be recognized.
KW Premium Produkte AG reserves the right to change these «T&C» at any time. All changes will become effective upon publication of the new «T&C» on the website. When purchasing a product, the relevant date for the applicability of the valid «T&C» is the date on which the binding order is placed with us.
Please read these «T&C» carefully before placing a binding order. By placing a binding order for our products, you agree to the following «T&C» as well as our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years old.
The presentation of the Produkte in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. We expressly reserve the right to change the Produkte themselves as well as the contents, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our Produkte are for information purposes only and are not binding for KW Premium Produkte AG.
The customer can place a binding order for the Produkte he has selected via our online shop. An order for the Produkte placed in the shopping cart on the order page is only considered binding when the customer clicks on the "order with payment" button at the end of the order process.
By submitting your order, you confirm that you have read the «T&C» and agree to them without reservation. We recommend that you print out the «T&C» for the purpose of online ordering and your documentation or save them on your computer.
After the binding order, you as the customer will immediately and automatically receive an order confirmation by email. This confirmation email contains the details of your order and our «T&C» that you accepted during the ordering process. The confirmation email only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. Any failure to receive an order confirmation does not mean that your order has been rejected and it remains legally binding for you.
After you have placed a binding order, KW Premium Produkte AG is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by email and without assuming any liability to you or third parties. Reasons for rejecting an order may include, for example, that a product is no longer available, that we cannot obtain authorization for the customer's payment, if there is reason to believe that the customer is violating these «T&C» or individual contracts or is acting in a fraudulent or other criminally relevant manner, as well as other significant circumstances that make rejection seem appropriate.
We will refund any payment you have already made if we reject or cancel your order.
KW Premium Produkte AG will only accept the order once the payment has been credited in full by shipping the ordered products. This creates a binding purchase contract between KW Premium Produkte AG and the customer.
Any commercial distribution or resale of our Produkte is strictly prohibited.
All information regarding the availability, shipping and delivery of a product is preliminary information and approximate. It does not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable Produkte or for delays in shipping or delivery is expressly excluded.
Our Produkte are available as long as our stocks last. If KW Premium Produkte AG determines when processing your order that the Produkte you have ordered are not available, we will inform you immediately. In this case, a contract for the unavailable Produkte will not be concluded because the ordered Produkte cannot be delivered.
We also reserve the right to limit the number of items that can be purchased by a customer. In such case, we will notify the customer accordingly by email.
Our Produkte and prices correspond to those stated on the website. All prices are stated in CHF (Swiss francs) and do not include statutory value added tax (VAT). Regardless of the cost of postage and packaging materials, we charge a flat rate of CHF 25.00 (excl. VAT) for deliveries in Switzerland and Liechtenstein, CHF 95.00 for deliveries to the EU and CHF 125.00 per set for deliveries to countries outside the EU.
The total price of your order, including all additional and shipping costs, is displayed at the end of the order process. For shipping to countries outside Switzerland and Liechtenstein, additional taxes and customs duties may apply. These are not included in the price and must be paid by the customer.
By placing a binding order, you declare that you agree to the total price for the Produkte ordered. After the binding order, the price can no longer be adjusted.
KW Premium Produkte AG reserves the right to change prices at any time. The Produkte will be charged based on the prices offered at the time the binding order is placed.
Orders are generally due for payment immediately.
The customer has the option of paying using the payment methods displayed on the website or during the ordering process. The payment methods mentioned may change from time to time and from country to country. We also reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us.
By choosing the payment method, the customer authorizes the payment either by entering credit card details or access data of a payment service provider. The customer authorizes KW Premium Produkte AG to collect or collect payments in the appropriate way. Should chargebacks occur, KW Premium Produkte AG is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, KW Premium Produkte AG is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for the debit and the address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If the payment is refused, the order is automatically canceled.
Deliveries within Switzerland and Liechtenstein are made via a parcel service. The shipping costs are included in the flat rate of CHF 25.00 for postage and packaging per set. Delivery to the parcel service is made as quickly as possible, usually within 1 - 3 working days.
Deliveries outside Switzerland and Liechtenstein are made via a parcel service. The shipping costs are included in the flat rate of CHF 95.00 EU or CHF 125.00 outside the EU for postage and packaging per set. Delivery to the parcel service is made as quickly as possible, usually within 1 - 3 working days.
The applicable flat rate fee is paid in advance by the buyer together with the purchase price.
KW Premium Produkte AG will do everything in its power to adhere to the specified delivery times. However, the specified delivery dates and deadlines are non-binding and are subject in particular to the correct and timely delivery of KW Premium Produkte AG by suppliers and manufacturers. If the Produkte are marked as not in stock when the order is placed, KW Premium Produkte AG will endeavor to deliver the Produkte as quickly as possible. However, KW Premium Produkte AG is not responsible for delivery delays, regardless of their causes. If the service impediment, i.e. delivery to the parcel service, lasts more than 4 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular compensation, are excluded.
We will inform you immediately of any delivery delays.
The customer can check his delivery status online at any time.
Requirements
For all purchases of our Produkte via our online shop (with the exception of certain products; see the cancellation restrictions below), you as a consumer have a right of cancellation within 14 days of receiving the Produkte without giving any reason. You can withdraw from the contract within 14 days from the day on which the goods (or the last goods, partial shipment or last piece in the case of a contract for several goods of a single order or in the case of delivery of goods in several partial shipments or pieces) were taken into possession by you or by a third party other than the carrier designated by you.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of an unambiguous declaration (e.g. a letter sent by post (KW Premium Produkte AG, Bleicherweg 74, CH-8002 Zurich, Switzerland); or an e-mail (info@reifenkissen.ch). You can use the attached model WITHDRAWAL FORM for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired and to hand over the goods to the post office or another transport company for return or dispatch within the same period.
The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact and in the original packaging, which belongs to the product and is a part of it. The goods must be returned to the following address: SG Spedition AG, attention KW Premium Produkte AG, Anthoptstrasse 4, CH-8222 Beringen, Switzerland.
Consequences
If you cancel the contract and the goods are returned correctly, we will refund the total price you paid, including delivery costs (with the exception of the costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract and we received the goods. The refund will be based on the payment method originally used and will always be made to the associated account that was used for payment, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. Please ensure that you have access to the account specified, as KW Premium Produkte AG accepts no liability in this regard.
We may refuse repayment until we have received the goods back in good condition or until you have provided evidence that you have returned the goods properly, whichever is the earlier.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Restrictions on the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of Produkte that have been individually manufactured according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products).
KW Premium Produkte AG guarantees that the goods have the promised properties, have no defects that impair their value or suitability for the intended use and correspond to the stated specifications.
After receiving the products, the customer must immediately check them for correctness, completeness and any damage. Errors or damage must be reported to KW Premium Produkte AG within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after they are discovered. If you do not check the goods or report a defect immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 5 years from receipt of the product.
The warranty does not cover defects resulting from improper use, storage and handling of the products, or from third-party intervention or opening.
Minor deviations from the guaranteed properties of the goods do not trigger any warranty claims. Liability for normal wear and tear, fading and for consumables/accessories is excluded.
If a warranty claim occurs, you are entitled to compensation.
The guarantee period is not interrupted by any warranty claim, but continues. Replacing individual parts does not result in new guarantee and warranty periods coming into effect.
Warranty claims against KW Premium Produkte AG are only available to the direct customer and are not transferable.
Any further warranty is completely excluded.
KW Premium Produkte AG is free to provide customers with a customer account for registration.
If KW Premium Produkte AG provides registration for a customer account, you can view information about your completed, open and recently sent orders and manage and save your address details, any payment details and any newsletter. Since your data is saved, you do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat your personal access data confidentially and not to make it available to unauthorized third parties. KW Premium Produkte AG guarantees that your data will be treated confidentially and will not be passed on to unauthorized third parties. For further information on data protection, please refer to our privacy policy.
Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to warn, block, delete or change the content of registered customers who violate these «T&C» or individual agreements.
KW Premium Produkte AG is not obliged to accept the registration or order of a registered customer.
If KW Premium Produkte AG breaches its own obligations under these «T&C» and the contractual relationships based on them, it is liable for damages caused and proven by it through unlawful intent or gross negligence. Liability for minor and moderate negligence as well as for indirect and consequential damages, whether based on a contract, a tort or for any other reason, is expressly excluded to the extent permitted by law. Indirect damages include, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of the services of KW Premium Produkte AG. In addition, KW Premium Produkte AG accepts no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
The above exclusions and limitations of liability do not apply in the event of culpable injury to life, body or health caused directly by KW Premium Produkte AG or in the case of mandatory statutory provisions, including the provisions of any applicable product liability laws. Please note the warnings on the packaging when using the products. Particular caution is required with children under 3 years of age.
Subject to the foregoing, the total liability under these «T&C», regardless of the reason and to the extent permitted by law, is limited to the price of the goods that the customer ordered from us.
Event beyond our control
If an event occurs that is outside our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these «T&C» and the contractual relationship based on them. An event outside our sphere of influence occurs, for example, in the following cases:
In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor routes or other means of public or private transport.
If an event outside our control occurs that affects the performance of our obligations under the Contract, we will notify you as soon as possible.
The provider undertakes to ensure security in accordance with the latest technical standards in systems, programs, etc. that belong to it and over which it has influence, and to comply with the rules of data protection.
The provider is not liable for defects and malfunctions for which it is not responsible, in particular not for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.
Furthermore, the provider is not liable for force majeure, improper actions and disregard of risks on the part of the customer or third parties, excessive use, unsuitable operating equipment of the customer or third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
KW Premium Produkte AG collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy, which forms an integral part of these «T&C». By accepting the «T&C», the customer also agrees to the privacy policy.
The information and content published on the website are protected by copyright and are the property of KW Premium Produkte AG or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. KW Premium Produkte AG and the respective rights holder expressly reserve all rights in this regard.
Reifenkissen® and tyrecushion® are registered trademarks of KW Premium Produkte AG.
If any of the provisions of these «T&C» are or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that takes the economic purpose of the provision and the will of the parties at the time the contract was concluded as far as possible into account. The same applies to any gaps in these «T&C».
These «T&C», the contractual relationships based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for both parties is Zurich, Switzerland.
These provisions shall only apply to the extent that there are no mandatory provisions of the law of the country in which the consumer has his or her habitual residence which take precedence over these «T&C».
