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TERMS + CONDITIONS ONLINE SHOP
The illustration of the products on the Website based on the colors is just approximately. Because of different calibration of devices (monitors/graphic cards) we cannot guarantee that the colors displayed on our site accurately reflect the color of the products.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.
1. USAGE OF YOUR PERSONAL INFORMATION
We use your personal information just internally. Your information won't be shared to 3rd party at any time.
2. CONCLUSION OF CONTRACT
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us by email or by phone as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This confirmation does not mean that your order has been accepted by us. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible and in any event, within 14 days of our e-mail notification to you.
3. DELIVERY
We do not charge our clients for shipping and handling. We normally send all merchandise using a reliable carrier. Depending on the country of delivery, please allow 3 to 14 calendar days for delivery once you have received the Dispatch Confirmation.
Please refer to your delivery confirmation email from our carrier for exact details and parcel tracking reference.
Please note that you might experience a delay on the delivery due to customs requirements on your home country.
Please note that the Products might be subject to local customs charges.
4. PRICE OF THE PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site from time to time. Please see following information about price errors on our site.
Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in Switzerland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
5. PAYMENT
All prices on our site are in EURO.
You can pay for Products using a debit-/credit card or by PayPAL. You agree to pay in full the prices for any purchases you make with your online order or by other payment means acceptable to us:
(a) Payment for the Products is in advance.
(b) We accept bank transfer for orders. In the process of wire transfer, the order will not be processed until the payment has been received and confirmed by us by e-mail. After placing your order, payment should be credited into our bank account within seven days. If your payment has not reached our bank account within seven days, your order may be cancelled.
Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase.
If you do not make any payment due to us by the due date for payment, we may:
(a) immediately terminate the Contract between us. We will contact you in writing to let you know that the Contract has been terminated; and
(b) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, no interest will be charged.
6. LIABILITY
We are not responsible for any loss or damage that is not foreseeable.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In no event, including but not limited to negligence, shall we, any of our affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the Products. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or any Product ordered via our site exceed, in the aggregate, the amount paid by you to us for the purchase of Products via our site.
7. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, we disclaim all express or implied warranties or representations regarding any Products ordered or provided via the site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in Product literature, frequently asked questions documents and otherwise on the site or in correspondence with us or our agents.
To the maximum extent permitted by law, any Products ordered or provided via the site are provided by us “as is” provided that the foregoing disclaimer does not apply to the extent, if at all, of any Product warranty offered by us or the applicable manufacturer of a Product as contained in the package delivered to you, as specifically described on the site or as otherwise specifically set forth in an agreement separately entered into in writing between you and us or our licensor or supplier.
9. COMMUNICATION
When we refer, in these Terms, to "in writing", this will include e-mail.
You can contact us for any reason using the following means:
(a) E-mail
(b) Telephone
If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
10. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. Except as expressly set out, no person who is not a party to this Contract shall have any rights to enforce any of its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Contract are not subject to the consent of any other person.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.
These Terms are governed by Swiss law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with the Contract (including non-contractual disputes or claims) will be governed by Swiss law. You and we both agree that the courts of Switzerland will have exclusive jurisdiction.
KohlerKnives Dübendorf
Switzerland 01.07.22
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