General Terms and Conditions Guiz Bar Tools
These General Terms and Conditions (GTC) of the sole proprietorship Guiz Bar Tools, owner Claudia Müller, Lindenweg 17, 4614 Hägendorf, Switzerland (hereinafter “Guiz Bar Tools”), regulate the rights and obligations in connection with the use of the website www.guizbartools.com and the online store on this website. Guiz Bar Tools sells bar utensils as well as products for the catering sector.
The following General Terms and Conditions (GTC) apply between Guiz Bar Tools and its customers in the version that is currently available and valid when the website is accessed resp. when goods are ordered or a contract is concluded.
These GTC apply exclusively. Opposing, supplementary or deviating terms and conditions require the express written confirmation of Guiz Bar Tools to be valid. With the use of this website resp. when ordering goods or with the conclusion of the contract the customer confirms full acceptance of these GTC including delivery and payment terms and conditions.
2. Information on www.guizbartools.com
www.guizbartools.com contains information about products. We reserve the right to alter prices and products as well as make technical changes. All information on www.guizbartools.com (product descriptions, illustrations, films, dimensions and other data) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Guiz Bar Tools makes every effort to ensure that all data and information on this website is correct, complete, up-to-date and easy to understand, but Guiz Bar Tools cannot guarantee this either explicitly or implicitly.
Guiz Bar Tools cannot guarantee that the products listed are available at the time of ordering. Therefore, all information regarding availability and delivery times are subject to change without notice.
The prices on www.guizbartools.com are gross prices in Swiss Francs (CHF), including the legal value added tax.
Possible shipping costs and customs duties are charged additionally and are to be paid by the customer. The shipping costs are stated separately in the order process.
Guiz Bar Tools reserves the right to amend prices at any time without prior notice and does not take any liability for errors and misprints on its website. Sales prices do not include consulting and support services.
4. Conclusion of contract
The offers on www.guizbartools.com represent an invitation to the customer to order products. The sales contract is concluded and GTC are specifically accepted upon the placement of an order www.guizbartools.com. Guiz Bar Tools will then send an automatic order confirmation by e-mail, which confirms the conclusion of the contract. Placed orders are binding for the customer.
If after conclusion of the contract it turns out that the ordered goods cannot be delivered or not delivered completely, Guiz Bar Tools is entitled to withdraw from the entire contract or from a part of the contract. If the payment of the customer has already been received by Guiz Bar Tools, the payment will be refunded to the customer. If no payment has been made, the customer will be released from the payment obligation. In case of termination of the contract, Guiz Bar Tools is not obliged to make a replacement delivery or to pay damages.
5. Payment Options
When purchasing goods, the customer has the payment options specified in the order process.
Guiz Bar Tools reserves the right to exclude customers from individual payment options and/or demand advance payment without stating reasons therefore.
Guiz Bar Tools is entitled to obtain credit information about the customer from third parties.
6. Delivery, obligation to check, notification of defects and returns
Guiz Bar Tools delivers exclusively to clients over 18 years of age who are residents of Switzerland, the Principality of Liechtenstein and the EU.
Deliveries are sent by mail or courier service to the address given by the customer in the order. Benefits and risks are transferred to the customer upon dispatch.
If the consignment is undeliverable or if the customer refuses to accept the consignment, Guiz Bar Tools is entitled to dissolve the contract after a notification has been sent to the customer by e-mail whilst setting a reasonable deadline for action and reserves the right to charge the customer for costs incurred.
The customer is obliged to check the delivered goods immediately after delivery receipt and to notify Guiz Bar Tools within 14 calendar days by way of writing either a letter or e-mail of any defects for which Guiz Bar Tools provides warranty.
Returns to Guiz Bar Tools are at the expense and risk of the customer. The customer must send the goods to Guiz Bar Tools in the original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects.
If the examination by Guiz Bar Tools shows that the goods do not have any detectable defects or that they are not covered by the warranty of the manufacturer, Guiz Bar Tools can charge the customer for the work incurred, the return or the possible disposal.
7. Right of withdrawal when buying goods
The customer is granted a right of withdrawal during 14 days after receipt of the goods. The period is considered as kept if the customer returns the goods to Guiz Bar Tools within 14 calendar days. The withdrawal does not require a reason.
The exercise of the right of withdrawal leads to a cancellation of the contract. The customer must return the goods in original packaging, unopened and complete with all accessories and together with the delivery bill. Returns to Guiz Bar Tools are at the expense and risk of the customer. A possibly already made payment (excl. shipping costs) will be refunded to the customer, if Guiz Bar Tools has already received the goods back or if the customer provides proof that the goods have been returned.
Guiz Bar Tools reserves the right to demand appropriate compensation for damage, excessive wear or loss of value due to improper handling and to deduct the reduction in value from the already paid purchase price or to charge the customer therefore.
8. Warranty when buying goods
Guiz Bar Tools strives to deliver goods in perfect quality. In the case of defects reported on time, Guiz Bar Tools will guarantee for a warranty period of two years from the date of delivery for the faultlessness and functionality of the goods purchased by the customer. It is at the discretion of Guiz Bar Tools to provide the warranty by free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects caused by external circumstances. The warranty for consumables and wear parts is also excluded.
Guiz Bar Tools is not able to give any assurances or guarantees for the actuality, completeness and correctness of the data as well as for the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and other contents. In particular, no representations or warranties are made that use of the website will not infringe rights of third parties not owned by Guiz Bar Tools.
Guiz Bar Tools excludes all liability, regardless of their legal basis, as well as claims for damages against Guiz Bar Tools and any auxiliary persons and agents. In particular, Guiz Bar Tools is not liable for indirect damages and consequential damages, lost profits or other personal, property and pure financial losses of the customer and third parties. Reserved is a further mandatory legal liability, for example for gross negligence or unlawful intent.
Guiz Bar Tools uses hyperlinks on www.guizbartools.com only for the simplified access of the customer to other web offers. Guiz Bar Tools can neither know the content of these web offers in detail, nor can it assume liability or other responsibility for the content of these websites.
10. Data protection
The privacy statement of Guiz Bar Tools dated September 19, 2020 is an integral part of these terms and conditions.
11. Further provisions
Guiz Bar Tools expressly reserves the right to change these GTC at any time and to put them into effect without notice.
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions which come closest to the economic purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
In the event of disputes, only substantive Swiss law shall apply, excluding conflict-of-law provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Solothurn, insofar as the law does not stipulate any compulsory places of jurisdiction.
Hägendorf, September 19, 2020.