General Terms and Conditions
1. Scope of application
2. Information on the website/offer/prices
3. Order/Delivery
4. Delivery and Delivery Period
5. Products delivered in error
6. Vouchers & bonus program
7. Shipping Costs
8. Disclaimer of Warranties and Liability
9. Right of Withdrawal/Right of Return
10. Means of payment and invoicing/dunning
11. Privacy
12. Liability
13. Partial Invalidity/Reduction Retaining Validity
14. Governing Law/Jurisdiction
15. Changes to Terms and Conditions
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1. Scope of application
These General Terms and Conditions (GTC) apply to all orders placed by business customers located in Switzerland or the Principality of Liechtenstein, in writing, by telephone or via the online store of the company Liquid-Or GmbH, Dorfstrasse 7, 4656 Starrkirch-Wil, +41 (0)62 543 44 02, info@liquid-or.com, www.liquid-or.com (hereinafter referred to as Liquid-Or GmbH). Liquid-Or GmbH provides all services for business customers exclusively on the basis of these general terms and conditions. Private customers are excluded from purchases of our products. By placing an order, the customer expressly agrees to these general terms and conditions. They are an integral part of the contract between the customer and Liquid-Or GmbH.
2. Information on the website/offer/prices
2.1 Liquid-Or GmbH always tries to inform and educate the customers about the offered products and services in the best possible way. The information on the website is partly obtained directly from the manufacturers or from experts or our ambassadors and authors and is compiled by Liquid-Or GmbH for the customers in a clear and customer-friendly way.
2.2 All information on www.liquid-or.com is without guarantee and any liability is rejected. To the extent permitted by law, Liquid-Or GmbH disclaims in particular any warranty and liability for the accuracy, completeness and timeliness of the information on the website. Liquid-Or GmbH only sells cosmetic care products and accessories and dissociates itself from any medical or medical-related products.
2.3 Prices and product range are subject to change at any time. Pictures of all products and illustrations are not color binding and may differ from the original. Technical designations of the delivered products may differ from the designations of the manufacturer or from those listed on the Internet.
2.4 The current prices will be communicated to the customer by means of a non-binding offer with order inquiries.
2.5 The prices are binding on both parties at the time of the order. In the event of errors or mistakes in the price information, Liquid-Or GmbH reserves the right to make subsequent price changes. In this case the customer will be informed and is not obliged to accept the products affected by the price change.
2.6 All prices are in Swiss Francs (CHF) and include, unless otherwise stated, the statutory value added tax.
2.7 In addition to the stated prices, the shipping costs expressly stated on the offer shall apply depending on the shipping method.
2.8 From an order value of 1'500.00 CHF, after deduction of discounts and special promotions, the shipping costs (except A-Post+, Signature) will be paid by Liquid-Or GmbH.
3 Order/Delivery
3.1 An order becomes binding for the customer by accepting the offer sent to him/her at the end of the ordering process (by e-mail, in writing), on which the total overview of the order is displayed.
3.2 After placing the order, the customer will receive a corresponding confirmation of receipt e-mail to the e-mail address provided by the customer by Liquid-Or GmbH. Until an order acceptance is sent to the customer in a separate e-mail, Liquid-Or GmbH reserves the right to reject the order or to reduce the order quantity, whereby no contract is concluded between the customer and Liquid-Or GmbH, or a contract for the reduced order quantity. Unless the Customer immediately informs Liquid-Or GmbH that he is not interested in the reduced order quantity.
3.3 Liquid-Or GmbH especially reserves the right to reject an order if there is a legal dispute with the Customer, especially in connection with payments not made from orders already placed with Liquid-Or GmbH or if invoices otherwise due for payment from the same company or its subcontractors are still open.
3.4 The complete and correct indication of the delivery address is the responsibility of the customer. In case of wrong delivery addresses on the part of the customer, a delivery may not be possible, Liquid-Or GmbH may refrain from delivering the product altogether, without being able to claim any compensation or damages.
3.5 Liquid-Or GmbH delivers goods and vouchers exclusively to Switzerland and the Principality of Liechtenstein. For deliveries abroad, it is necessary to pick up the goods in Switzerland. The addresses of the branch offices of Liquid-Or GmbH are not pick-up locations but serve only as working locations for our account managers.
4 Delivery and delivery period
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4.1 Liquid-Or Ltd. has a stock of products. The shipping policy provides that Liquid-Or GmbH will ship the products within 2 working days after the day of receipt of payment or confirmation of payment.
4.2 In case of goods that cannot be delivered from stock, the time of delivery may be further delayed depending on the manufacturer.
4.3 Liquid-Or GmbH can only be held liable for delays in delivery and their consequences, as far as they were caused by a grossly negligent or intentional breach of contract by Liquid-Or GmbH. Liquid-Or GmbH shall not be liable for all other delays in delivery and their consequences, including delays caused by the postal service or Quickpac, suppliers of Liquid-Or GmbH or third parties. 5.
5 Products delivered by mistake
Erroneously delivered items or items delivered in excess must be returned immediately in the original packaging, at the latest within 5 working days. All items not returned within this period will be invoiced. The costs for the return of goods sent in error shall be borne by Liquid-Or GmbH. The return costs will be transferred to the customer in advance.
6. Vouchers
A maximum of one voucher can be redeemed per order. At the end of the order process, the voucher code is entered in the field provided. The corresponding amount will be deducted directly from the current order. Vouchers that exceed the order amount cannot be refunded. The conditions listed in the customer portal of Liquid-Or GmbH apply.
7. Shipping costs
The customer has the choice between "Economy" (2-5 working days), "Priority" (1-2 working days) or express shipping. The shipping costs to be paid by the customer are based on the weight and size of the ordered products. The costs of the shipping company will be charged.
8. Warranty and exclusion of liability
8.1 Liquid-Or GmbH warrants that the products are undamaged at the time of shipment. Products damaged during shipment will, at the discretion of Liquid-Or GmbH, be credited, replaced or, if third parties are at fault, claimed from the same. In the case of the latter, there is only a warranty obligation resulting from the performance or non-performance of the third party. The warranty can be claimed if the customer notifies Liquid Or GmbH of the defect by e-mail within 3 working days from receipt of the goods. If Liquid-Or GmbH so desires, the Customer must furthermore photograph the delivered products, send the photographs to Liquid-Or GmbH by e-mail for evidence purposes and return the products in the original packaging to Liquid-Or GmbH immediately. The shipping costs for this shall be borne by Liquid-Or GmbH.
8.2 Furthermore, Liquid-Or GmbH shall be liable to the Customer for damages if and to the extent that such liability of Liquid-Or GmbH is mandatory under the Product Liability Act.
8.3 Any further warranty for the delivered products and any liability for damages caused by these products is excluded, unless Liquid-Or GmbH has fraudulently concealed the relevant product defects. However, if Liquid-Or GmbH is able to assert further warranty claims against its suppliers for the product in question, Liquid-Or GmbH will, as far as possible, assign these claims to the Customer at the Customer's request. However, Liquid-Or GmbH does not assume any responsibility that these claims can be successfully enforced. The same applies to any claims which Liquid-Or GmbH may assert against the postal service for damages which occurred during transport.
8.4 In particular, Liquid-Or GmbH does not warrant that the products are suitable for the use intended by the Customer or that they produce a certain result. Also excluded from the warranty are damages for which the purchaser is responsible, e.g. as a result of improper use of the product, faulty product advertising to third parties or damages caused by external influences for which the seller is not responsible, such as damages that occurred during transport.
9 Right of withdrawal/right of return
9.1 Customers have the right to return the goods during 14 days after delivery of the goods. The right of return is exercised by returning the goods, no justification is required. The return must be sent back to
Liquid-Or Ltd.
Returns
Dorfstrasse 7
CH-4656 Starrkirch-Wil
9.2 Returned products or packages will only be accepted in proper condition, i.e. unused, unopened, undamaged and in their original packaging.
9.3 Exercising the right of return results in the conversion of the purchase contract into a return relationship, according to which the services received under the purchase contract must be refunded. The costs of the return shipment shall be borne by the Customer.
9.4 Upon receipt of the goods, any purchase price already paid shall be immediately refunded to the Customer. Shipping costs will not be refunded.
9.5 Liquid-Or GmbH warrants that the products are undamaged at the time of shipment. Products damaged during shipment will be repaired or replaced at Liquid-Or GmbH's option, provided the Customer notifies Liquid-Or GmbH of the defect by e-mail within 14 days of receipt of the goods. If Liquid-Or GmbH so desires, the Customer must also immediately return the delivered products to Liquid-Or GmbH in the original packaging, the shipping costs for which shall be borne by Liquid-Or GmbH.
Any further warranty for the delivered products and any liability for damages caused by these products is excluded, unless Liquid-Or GmbH has fraudulently concealed the respective product defects. However, if Liquid-Or GmbH is able to assert further warranty claims against its suppliers for the product in question, Liquid-Or GmbH shall, as far as possible, assign such claims to the Customer upon the Customer's request. However, Liquid-Or GmbH does not assume any responsibility that these claims can be successfully enforced. The same applies to any claims which Liquid-Or GmbH may assert against the post office or Quickpac for damages which occurred during transport. In particular, Liqudi-Or GmbH does not guarantee that the products are suitable for the use intended by the customer or that they achieve a certain result.
9.6 If an order is accompanied by a gift (GWP) above a certain purchase value, restrictions apply when returning the goods. If the entire order is returned or if the new purchase value falls below the condition for the GWP, the gift must also be returned. If the GWP is not returned under these circumstances, the value of the gift will be charged.
10. means of payment and invoicing / reminder system
10.1 Orders are to be settled in principle with the means of payment mentioned below. The following means of payment are available to you: PayPal, credit card (Visa, Mastercard, American Express), Maestro, PostCard, PostFinance Direct, prepayment, invoice (after successful credit check), Twint. If delivery against invoice is released as an option when ordering, the payment period per shipment is 30 days.
10.2 If the payment deadline is exceeded, Liquid-Or GmbH is entitled to charge reminder fees of up to 5% of the value of the goods to partially cover the costs incurred. The outstanding invoice amount plus any reminder fees and interest on arrears may be assigned or sold to third parties for the purpose of collection.
10.3 In case of prepayment, the customer will receive the account details from Liquid-Or GmbH with the confirmation e-mail after the order has been carried out.
10.4 For new customers as well as for existing customers a credit check can be carried out at any time.
10.5 Until full payment of the ordered products or confirmation of payment by the credit card provider, the delivered products remain the property of Liquid-Or GmbH in all cases.
11 Data Protection
11.1 If Liquid-Or GmbH makes advance payments, e.g. in the case of a purchase on account, Liquid-Or GmbH will, if necessary, obtain a credit report based on mathematical-statistical methods from a credit agency in order to protect its legitimate interests.Liquid-Or GmbH points out that payment experiences, in particular concerning undisputed claims and claims unpaid after the due date, as well as, if necessary, debt collection information and address data will be transmitted to CRIF AG in Zurich, for legitimate use as a credit agency. CRIF will use the data to check your identity and creditworthiness and disclose them to authorized third parties. Payment histories may be analyzed by CRIF on the basis of mathematical-statistical calculation methods for automated decision-making, in particular for assessing a person's creditworthiness. You can find more information at: www.mycrifdata.ch/#/dsg.
11.2 The data necessary for the business transaction will be stored and processed for the purposes necessary for this purpose and, if necessary, forwarded to affiliated companies or contractors, such as the postal service or companies for checking payment creditworthiness, within the framework of the order processing. All personal data will be treated confidentially.
11.3 Under "My Account" the customer has the possibility to change his personal data at any time.
11.4 Liquid-Or GmbH uses and processes personal data to maintain customer relations and for its own marketing purposes. The customer always has the possibility to prevent this automatic evaluation. If no automatic personalized evaluation is desired at all, the customer may object in writing at any time.
11.5 The customer will receive a newsletter from Liquid-Or GmbH only upon his explicit request after checking whether he is a business customer entered in the Swiss Commercial Register. Unsubscription is possible at any time.
12 Liability
12.1 Liability for product defects or damages caused by such defects shall be governed exclusively by Clause 8. For damages resulting from delayed delivery, only Clause 4 shall be applicable.
12.2 Furthermore, Liquid-Or GmbH excludes, to the extent permitted by law, any other liability to the Client in connection with the products, the use or the (non-)availability of the website www.liquid-or.com for damages incurred. For example, claims for damages due to impossibility of performance, non-performance and tortious acts against Liquid-or GmbH as well as against its vicarious agents are excluded, unless there is intentional or grossly negligent conduct.
13. partial invalidity/validity-preserving reduction
If any provision of these GTC is invalid in whole or in part, this shall not affect the validity of the remaining provisions and their purpose. The relevant statutory provisions shall apply in place of the invalid provisions.
14 Applicable law/place of jurisdiction
The contract shall be governed exclusively by Swiss law. Place of jurisdiction for all disputes with Liquid-Or GmbH is - subject to deviating mandatory places of jurisdiction of federal law - Olten, Switzerland.
15 Changes to the General Terms and Conditions
Liquid-Or GmbH expressly reserves the right to adapt these General Terms and Conditions to the circumstances at any time and to apply them immediately to orders placed thereafter.
Starrkirch-Wil , January 2, 2023