General Terms and Conditions and Consumer Information in the context of purchase contracts concluded via the online store between Pipaton GmbH – hereinafter referred to as “Seller” – and the customer – hereinafter referred to as “Customer”.

(1) Subject to individual agreements and arrangements that take precedence over these General Terms and conditions (GTC), the following GTC shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the Customer’s own terms and conditions is contradicted.

(2) The Customer is a consumer if he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, a commercial person is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

(1) The contract is concluded with:
Pipaton GmbH
Hamelirainstrasse 15
8302 Kloten
Schweiz

(2) The essential characteristics of the goods result from the respective product description posted by the Seller.

(3) All offers in the Seller’s online store are merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. As soon as the Seller has received the Customer’s order, the Customer will first receive a confirmation of the order placed with the seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the Customer’s order, the Seller will check it at short notice and inform the Customer within 2 working days whether they accept the order (order confirmation). The ordering process in the online store of the Seller works as follows:

(4) The Customer can select products from the Seller’s assortment and collect them in a so-called shopping cart by clicking the “Add to Cart” button. By clicking on the button ” Cart” the Customer gets an overview of the selected products. By clicking the button “Place Order” they make a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can at any time change and view the entered order and the entered data. By submitting the application for purchase, the Customer has accepted these terms of contract by clicking on the button “Place Order” and thereby included in their request. The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out. The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the application. The contract is not concluded until the Seller issues a declaration of acceptance, which is sent in a separate e-mail.

(1) The subject of the contract are the goods and services specified by the Customer in the order and the order confirmation at the final prices stated in the online store. Any errors and omissions are reserved, especially with regard to the availability of goods.

(2) The nature of the ordered goods results from the product descriptions in the online store. Images on the website may only represent the products inaccurately; colors in particular may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible but may show the usual deviations. The characteristics described herein do not constitute defects of the products delivered by the Seller.

(3) If no copies of the product selected by the Customer are available at the time of the Customer’s order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product specified by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. Furthermore, they will immediately refund any payments already made by the Customer.

(1) Delivery to the shipping company shall take place no later than two days after receipt of payment. The delivery time depends on the shipping service. The customer will be informed of any deviating delivery times by e-mail.

(2) The delivery can be made internationally.

(3) All product prices include the statutory value added tax. The stated prices are final sale prices including shipping costs and customs duties. Additional shipping costs and customs fees outside the EU and Switzerland may apply, these are further explained on the page on shipping information and are borne by the Customer. The Customer will receive an invoice with the respective VAT.

Payments are made in advance (VISA, MasterCard, American Express).

(1) If goods are delivered with obvious damage from transportation, the Customer is required to immediately report about these defects to the delivery service and to contact the Seller as soon as possible.

(2) Failure to make a complaint or to contact the Seller shall have no consequences for the Customer’s statutory warranty rights but shall help the Seller to be able to assert its own claims against the carrier or the transport insurance.

(1) The Seller shall be liable for material defects in accordance with the statutory provisions applicable thereto.

(2) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.

(3) Complaints and claims for liability for defects can be made at the details provided under the Seller’s contact information.

Until full payment, the delivered goods remain the property of the Seller.

The legal regulations apply.

The text of the contract shall be stored on the Seller’s internal systems. The Customer can view the general terms and conditions at any time on pipaton.com. The order data will be sent to the Customer by e-mail. After completion of the order, the order data is no longer accessible via the Internet for security reasons.

(1) The contract language is English.

(2) Contracts between the Seller and the Customers shall be governed by Swiss law to the exclusion of the laws on the international sale of movable goods. This choice of law shall apply to Consumers only to the extent that the protection granted to the Customer by mandatory provisions of the law of the country of the Consumer’s habitual residence is not withdrawn.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller. This shall also apply if the customer does not have a general place of jurisdiction in Switzerland or if his place of residence or habitual abode is unknown at the time the action is brought.

The General Terms and Conditions have been translated from German. In case of discrepancies the original German version prevails.

Author: Rechtsanwalt Jacob Metzler

(www.rechtsanwalt-metzler.de)