1.1 The following General Terms and Conditions (hereinafter «GTCs») shall regulate the conclusion, the content and the performance of all agreements between KASPERSKIAN AG (hereinafter «KASPERSKIAN») and its customers (hereinafter «Customer»), in particular sales agreements and orders through the online shop.
1.2 By submitting an order, the Customer accepts the present GTCs.
1.3 Additional or deviating conditions, in particular also the General Terms and Conditions of the Customer, shall only apply if they have been accepted in writing by KASPERSKIAN.
1.4 KASPERSKIAN shall be entitled to modify the present GTCs at any time and without notice provided that the Customer is not significantly disadvantaged by said modifications.
2. Offer and order confirmation
2.1 If an offer from KASPERSKIAN does not specify another time limit, KASPERSKIAN shall be bound to a time limit of 30 days.
2.2 Orders shall only be deemed binding if they have been confirmed by KASPERSKIAN in writing (by post, telefax or email).
2.3 If the Customer wishes to make changes to the order, these shall only be binding if KASPERSKIAN agrees to them in writing. Any additional costs which arise from changes to the order shall be for the account of the Customer.
2.4 The range of products presented in KASPERSKIAN's online shop does not represent a legally binding offer but rather an invitation to the Customer to place an order. By clicking on the field «Pay & send order» at the end of the order process, the Customer issues a legally binding order to conclude a sales agreement. Up until this point, the order process shall be non-binding.
Orders made over the online shop may be carried out via a Customer account. After entering all the required information, the content shall be summarised in an order overview which is binding for the Customer before it is sent. By clicking the field «PAY now», the Customer issues a legally binding order to conclude a sales agreement. Upon submitting the order, the Customer shall receive an email confirming the order (order confirmation). An order may be cancelled up until the point when it is ready to be shipped. Custom-made orders may not be cancelled.
4. Quality management
4.1 KASPERSKIAN maintains a certified quality management system pursuant to internal monitoring under HACCP (Hazard Analysis and Critical Control Points) and FSSC 22000 (Food Safety System Certification 22000) and observes all applicable food and health regulations.
4.2 The quality of the products after they are accepted by the Customer is ensured by said system through appropriate checks and process monitoring.
4.3 The Customer undertakes to observe all applicable domestic and international laws, in particular those relating to the transport, storage and processing of foodstuffs.
4.4 If the Customer uses or sells goods from KASPERSKIAN which do not fulfil the quality requirements of KASPERSKIAN, or if the Customer violates applicable legal regulations, it shall fully indemnify KASPERSKIAN for all resulting direct and indirect damages, in particular fines, warranty or liability claims by third parties.
5. Prices and payment conditions
5.1 Unless agreed otherwise, the prices quoted in the agreement or in the order confirmation shall be in Swiss francs, excluding VAT, shipping costs and customs duty.
5.2 Payment shall be effected in the currency specified on the invoice (CHF, EUR, GBP or USD).
5.3 In the case of «payment on account», the Customer (resident in or with registered office in Switzerland) shall pay within 5 days of placing the order. Customers resident in or with registered office in another country must generally pay the purchase price in full in advance.
5.4 The goods shall remain the property of KASPERSKIAN until the purchase price has been paid in full.
5.5 In the case of payments through the online shop the Customer may choose to pay in advance, by credit card, by card or PayPal. If the Customer chooses to pay in advance, he shall receive the bank details of KASPERSKIAN with the order confirmation. Payment shall be effected no later than 5 days after submitting the order. If payment is not effected by the end of this period, KASPERSKIAN shall no longer be bound by the agreement.
6. Deliveries and transfer of risk
6.1 Shipping to Switzerland: Goods are shipped from Monday to Friday. If your order is placed with us on Monday, Tuesday, Wednesday, Thursday or Friday before 3.00 p.m., the shipping shall take place the same day. If your order is placed with us on Monday, Tuesday, Wednesday or Thursday after 3.00 p.m., the shipping shall take place the following day. If your order is placed with us on Friday after 3.00 p.m., the shipping shall take place on the following Monday. In case of public holidays, the shipping shall take place on the following business day.
6.2 Shipping to Germany, England and other EU countries: Goods are shipped from Monday to Friday. If your order is placed with us on Monday, Tuesday, Wednesday or Thursday before 12.00 (noon), the shipping shall take place the same day. If your order is placed with us on Monday, Tuesday or Wednesday after 12.00 (noon), the shipping shall take place the following day. If your order is placed with us on Thursday after 12.00 (noon), the shipping shall take place the following Monday. In case of public holidays, the shipping shall take place on the following business day.
6.3 Deliveries within Switzerland are generally carried out within 24 hours after shipping (24 - 48 hours within the EU). No deliveries shall be made to Customers outside the EU. After the goods have been handed over to the delivery partner, the Customer shall receive the related tracking number by email.
6.4 As shipment of the goods is carried out in appropriate packaging, incl. cooling material, and the cooling can only be guaranteed for the duration of the regular delivery process until the initial delivery attempt can be made, it is imperative that the initial delivery attempt is successful if the goods are to be received in perfect condition. The Customer undertakes to ensure that there is someone continuously available and responsible for accepting/ready to accept the goods at the delivery address from 7.00 a.m. to 12.00 noon on the day of delivery. The Customer shall be expressly made aware of the possibility that the goods may be sent to a different delivery address to the one specified on the invoice. If the quality of the goods is reduced or spoilt because a delivery attempt was unsuccessful due to circumstances for which the Customer is responsible, the Customer shall not be entitled to make a warranty claim.
6.5 The Customer undertakes to accept the goods as scheduled at the agreed handover point. If the handover does not take place or does not take place on schedule, KASPERSKIAN shall be entitled to resell, otherwise use or dispose of the goods. The Customer shall owe the purchase price and shall be liable for all resulting costs, in particular for return and further transport or for the disposal of the goods.
6.6 With the handover of the goods, profit and risk shall pass to the Customer at the destination or pursuant to the agreed Incoterms.
6.7 Unless agreed otherwise, the delivery shall take place EXW Susten/CHF, Singen/DE or London/GB.
7. Guarantee and liability
7.1 The Customer must immediately check the goods after they have been handed over at the agreed handover location and report all defects in writing within one working day. After this time, the goods shall be deemed accepted without reservation and all warranty claims forfeited.
7.2 Any warranty and liability claims, in particular the claiming of compensation for damages, shall be ruled out to the extent permitted by law.
8. Place of jurisdiction and applicable law
8.1 Swiss law shall apply, excluding the regulations of the Federal Act on International Private Law (IPRG) as well as the Vienna Convention on Contracts for the Sale of International Goods (CSIG). The place of jurisdiction shall be the registered office of KASPERSKIAN.
8.2 KASPERSKIAN reserves the right to also assert its rights at the place of residence of the Customer or before any other responsible court of law.