Terms And Conditions
§1 Validity of the conditions
The deliveries, services and offers of the GEMMA PEPPER online shop are made exclusively on the basis of these general terms and conditions, even if they are not expressly agreed again. When the goods or services are ordered, these conditions are deemed to have been accepted. General conditions of purchase of the customer are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by GEMMA PEPPER.
§2 offer and conclusion of contract
GEMMA PEPPER's offers in price lists and advertisements do not represent a legally binding offer, but an invitation to the customer to place an order that is binding for them. Offers such as checked returns and sales are excluded from the liability of availability.
By clicking the order button on the online shop, the customer places a binding order for the products listed on the order page. GEMMA PEPPER confirms receipt of the order immediately upon receipt. Orders are only binding for GEMMA PEPPER after they have been confirmed in writing. In any case, the customer cannot assert any further claims against GEMMA PEPPER or a supplier.
The information in the sales documents (illustrations, dimensions, weights and other services) are only to be understood as guidelines and do not represent an assurance of properties, unless they are expressly designated as binding in writing.
If a customer exceeds his credit limit by placing an order, GEMMA PEPPER is released from the delivery obligation.
The prices stated in the order confirmation are decisive. The prices are in Swiss Francs including the statutory value added tax and, unless otherwise agreed, plus transport costs. The current prices are published in the online shop, price changes and errors reserved. In addition, further taxes or costs (e.g. customs duties) may be incurred within the scope of your order, which are not paid via GEMMA PEPPER or invoiced by us, but are to be paid by you directly to the responsible customs or tax authorities. If necessary, please enquire about details with the respective competent authorities.
§4 delivery conditions
Delivery is only made to delivery addresses within Switzerland, the Principality of Liechtenstein, all EU member states and the United Kingdom.
Dates and delivery times are non-binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by GEMMA PEPPER are subject to the correct and timely delivery of GEMMA PEPPER by suppliers and manufacturers.
Visible differences in quantity must be reported to GEMMA PEPPER and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment.
§5 rights of use
By purchasing a product, customers only acquire real ownership of the product. No other rights of use are granted. Any reproduction (duplication), distribution, rental, making available to the public or other analog or digital exploitation is not permitted. Resale is permitted. The public exhibition of acquired works of art requires the approval of GEMMA PEPPER in individual cases.
§6 default of acceptance
If the customer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, GEMMA PEPPER can refuse to fulfill the contract and demand compensation for non-fulfillment. GEMMA PEPPER is entitled to demand either a flat rate of 25% of the agreed purchase price or the replacement of the actual damage from the customer as compensation.
§7 Limitation of Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from unlawful acts are excluded against GEMMA PEPPER, as well as against auxiliary persons and substitutes, unless there is intentional or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
§8 final provisions
GEMMA PEPPER reserves the right to change the general terms and conditions at any time.
Should a provision of these general terms and conditions be ineffective, this has no influence on the effectiveness of the remaining provisions and the general terms and conditions as a whole. In place of the invalid provision, the relevant statutory provisions apply.