General Terms and Conditions

 

1. Scope of validity

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter "Customer").

A consumer is defined as a physical person who has a business relationship with ANBA Home AG that cannot be attributed to his or her commercial or self-employed professional activity. Orders in quantities that are not typical for a household can be rejected without justification.

ANBA Home AG reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order shall be authoritative in each case, which cannot be unilaterally changed for this order. Conflicting conditions or conditions of the customer that deviate from these GTC are not recognized.

The provider of this website is ANBA Home AG.

 

2. Information on this website

ANBA Home AG contains information about products and services. Price and product range changes as well as technical changes are reserved. All information on www.arseptum.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate and non-binding. In particular, they do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. ANBA Home AG makes every effort to ensure that all details and information on this website are correct, complete, up to date and clearly laid out, but ANBA Home AG can neither expressly nor implicitly guarantee this.

All offers on this website are subject to change and are not to be understood as a binding offer.

ANBA Home AG cannot guarantee that the listed products are available at the time of order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.

 

3. Prices

The sales prices stated on arseptum.ch represent final prices and include, unless otherwise noted, the VAT and any other statutory levies such as advance recycling fees (VRG) or copyright levies for electronic equipment. The prices are net prices in Swiss francs (CHF).

Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.

Technical changes, errors and misprints are reserved, in particular ANBA Home AG can make price changes at any time and without prior notice. Consulting and support services are not included in the sales prices.

 

4. Conclusion of contract

The products and prices on this website are considered as non-binding offers.

With the order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. ANBA Home AG then sends an automatic order confirmation by email, which confirms that the offer of the customer has been received by ANBA Home AG. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.

The contract is concluded as soon as ANBA Home AG sends a declaration of acceptance by email, in which the shipment of the ordered products or services is confirmed.

Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided that the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in their entirety, ANBA Home AG is entitled not to accept or only partially accept or execute the order. In such a case ANBA Home AG will inform the customer by email. If the customer's payment has already been received by ANBA Home AG, the payment will be refunded to the customer. If no payment has been made so far, the customer will be released from the obligation to pay.

 

5. Payment options and retention of ownership

The customer can choose from the payment options specified in the order process.

ANBA Home AG reserves the right to exclude customers from individual payment options or to insist on prepayment without giving reasons.

ANBA Home AG may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20.- per reminder if the customer is in default of payment.

The products delivered to the customer remain the property of ANBA Home AG until full payment.

Purchase on account with partial payment option (POWERPAY)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.

At the conclusion of the purchase contract, POWERPAY assumes the invoice claim that has arisen and handles the corresponding payment modalities. With purchase on account you accept in addition to our terms and conditions, the terms and conditions of POWERPAY: powerpay.ch/de/agb.

 

6. Delivery, duty to inspect, notice of defects and return

Deliveries are sent by mail or courier service to the address specified by the customer in the order.

ANBA Home AG strives to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. ANBA Home AG is entitled to make partial deliveries. In this case, the shipping costs will be charged to the customer only once.

The dispatch of the invoice, insofar as delivery against invoice is offered, takes place at the discretion of ANBA Home AG by email or by post.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, ANBA Home AG can terminate the contract after notifying the customer by email and granting a reasonable period of extension, as well as charging the customer for the costs of the inconvenience.

The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which ANBA Home AG provides warranty immediately in writing by letter or email to the address in the imprint.

Returns to ANBA Home AG are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address specified by ANBA Home AG imprint.

If the inspection by ANBA Home AG shows that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, ANBA Home AG can charge the customer for the effort, the return shipment or the possible disposal.

 

7. Right of withdrawal

The customer is given a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is considered met if the customer sends the written revocation by email or letter (address according to imprint) to ANBA Home AG within the deadline. The revocation does not require any justification.

The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by ANBA Home AG in the imprint. Returns to ANBA Home AG are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided ANBA Home AG has already received the goods back or the customer can provide proof of shipment.

ANBA Home AG reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

No right of withdrawal is granted in the following instances:

1. If the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no control;
2. If the subject of the contract is a movable object which, due to its nature, is not suitable for return or can spoil quickly;
3. If the subject of the contract is a movable object that is manufactured according to the customer's specifications or clearly tailored to personal needs;
4. If the subject matter of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;
5. If the subject of the contract is a service and the contract is to be fully performed by the provider with the prior express consent of the customer before the withdrawal period has expired;  
6. In the areas of accommodation, transportation, delivery of food and beverages, and recreational activities, if the provider undertakes at the conclusion of the contract to provide the services at a specific time or within a specified period.

 

8. Warranty

ANBA Home AG strives to deliver goods in perfect quality. In the event of defects notified in good time, ANBA Home AG guarantees the freedom from defects and functionality of the item purchased by the customer during the statutory warranty period of generally two years from the date of delivery. It is at the discretion of ANBA Home AG to provide the warranty through free repair, equivalent replacement, or refund of the purchase price. Further warranty rights are excluded.

Normal abrasion and the consequences of improper handling or damage by the customer or third parties as well as defects that are due to external circumstances are not covered by the warranty. Likewise, the warranty for consumable and expendable parts (e.g. batteries, rechargeable batteries, etc.) is excluded.

ANBA Home AG is not able to give assurances or guarantees for the actuality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by ANBA Home AG.

 

9. Liability

ANBA Home AG excludes all liability, regardless of its legal basis, as well as claims for damages against ANBA Home AG and against any auxiliary persons and vicarious agents. In particular, ANBA Home AG is not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.

ANBA Home AG uses hyperlinks only for the simplified access of the customer to other web offers. ANBA Home AG can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.

 

10. Data protection

ANBA Home AG may process and use the data recorded in the context of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

The data protection provisions are available in detail under the following link: (>link Privacy)

 

11. Divisional invalidity

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

 

12. Further regulations 

ANBA Home AG expressly reserves the right to change these GTC at any time and to put them into effect without notice.

In the event of any dispute, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Bern.  Deviating from this, ANBA Home AG is entitled to sue customers at their domicile.