General Terms and Conditions HeiQ Materials AG
1. Scope of application
The general terms and conditions (hereinafter referred to as "GTC" or "GTC - Onlineshop") apply to all legal transactions which are concluded via the MyHeiQ Onlineshop https://eu.heiq.com (hereinafter referred to as "Onlineshop"). This online shop is managed by HeiQ Materials AG (hereinafter referred to as "HeiQ"). HeiQ reserves the right to change these GTC at any time. The version valid at the time of the order is decisive. This can be viewed at https://eu.heiq.com/en/policies/terms-of-service.
The products and prices in the online shop are valid as an offer. The offer is valid as long as the product can be found in the online shop and is in stock.
3. Products and prices
HeiQ is free to set the prices and can change them at any time. When an order is placed, the price published on the website is decisive. If prices have been published in error, HeiQ reserves the right to notify the Buyer (hereinafter referred to as "the Buyer" for better readability) prior to shipment in order to agree on a price correction or to cancel the order.
Prices are quoted in EUR by default. Shipping and packaging costs are calculated and shown separately from the quoted price. Any COD incurred by the chosen logistics partner shall be borne in full by the customer.
4. Provided information
HeiQ makes every effort to keep the published data in the online shop up to date and correct. However, delivery delays may occur due to production/delivery bottlenecks and sales via other channels. Therefore, all information regarding availability and delivery time is without guarantee and may change at any time.
HeiQ does not guarantee the accuracy or timeliness of information provided by other manufacturers, even if it has been carefully researched.
5. Conclusion of contract
The sales contract is concluded by sending (online) the order and the acceptance by HeiQ.
Prerequisite for a valid purchase contract is the complete and truthful completion of the order form provided on the Internet and the acceptance of the present General Terms and Conditions (GTC - Online Shop).
HeiQ confirms the receipt of the order with an automatically generated order confirmation by e-mail. This merely indicates to the customer that the order has been received and that the purchase contract has come into effect subject to the possibility of delivery and the correct price information.
6. Delivery conditions
6.1 Availability and delivery
Products marked as "available" are normally processed within 0 - 2 working days from receipt of order. There is no shipping on Saturdays and Sundays. If a product is not in stock or wrongly marked as "available", the customer will be informed by e-mail or telephone and a new provisional delivery date will be agreed. HeiQ will make every effort to ensure a prompt subsequent delivery and will send out any backordered goods without additional shipping costs.
If an article is no longer available and cannot be procured or produced by HeiQ, HeiQ can withdraw from the contract but must refund the customer in full for any payments already made for the product in question.
If HeiQ is not able to provide or dispatch the items within 30 calendar days of receipt of the order (exception: special orders, as per Art. 6.2), the customer has the right to withdraw from the contract. Payments already made by the customer to HeiQ for the product in question will be refunded in full. There are no further claims against HeiQ.
If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs will be borne in full by the Buyer.
Unless otherwise agreed, HeiQ ships orders in the EU with the Austrian Post. The terms, information and delivery times of the Austrian Post apply.
6.2 Terms of delivery for special orders
Special orders are products that are not listed in the online shop and may require a procurement time of more than 30 calendar days. Delivery times and dates for special orders are agreed upon between HeiQ and the customer in writing or verbally.
6.3 Additional provisions for delivery
If the customer does not accept the goods delivered by the supplier within the agreed or stated delivery periods, HeiQ may withdraw from the contract, cancel the order and charge the customer a handling fee of 15%, but at least EUR 30.
7. Duty of inspection
The delivered or collected products are to be inspected by the Buyer immediately after acceptance for completeness, correctness and for delivery damage. If there is a defect, this must be reported to HeiQ within 7 calendar days and the product must be in its original condition in order to be taken back.
8. Warranty conditions and services
HeiQ manufactures goods or sells articles of other manufacturers. HeiQ has no influence on the durability and functionality of the products as well as the warranty of other manufacturers. Therefore the warranty information of the manufacturer is valid, as far as it is valid in Switzerland.
In all other respects, the Swiss statutory warranty provisions pursuant to Art. 197 et seq. OR.
A warranty claim can only be asserted by the customer upon presentation of the purchase contract including the valid order form. There shall be no warranty claim for damage caused by improper handling or for defects attributable to external influences. This could be, for example, damage caused by the elements, moisture damage, damage caused by falling or impact or damage caused by modifications.
HeiQ may provide warranty service by replacing the product as good as new.
9. Liability and exclusion of liability
HeiQ is only liable for the guarantee services which are listed under point 8. Any further liability is excluded, in particular liability for damages which have not occurred to the products themselves. This can be indirect and consequential damages such as loss of profit, unrealized savings, or damages from delay in delivery. Furthermore, HeiQ is not liable for damages caused by improper storage.
The invoice for the goods is to be paid in the currency stated therein and immediately at or after sending the order. The following means of payment are accepted in the online shop: Credit cards via payment platform Stripe (Mastercard, Visa, American Express), PayPal transfers.
11. Right of withdrawal and revocation
The right of withdrawal is regulated in the return policy.
12. Data protection
HeiQ only collects personal data which are necessary for the conclusion of the contract. These will not be further processed without the separate consent of the buyer.
The data will only be passed on to third parties if this is necessary for the processing of the order. This concerns the logistics partner (e.g. Post, DHL, etc.) in the case of a home delivery and the credit institution (e.g. Stripe, etc.) in the case of payment processing.
13. Application of law and place of jurisdiction
The relationship between HeiQ and the customer is exclusively subject to Swiss law. The place of jurisdiction is the city of Zurich, canton of Zurich, Switzerland.
Version AGB - Onlineshop: 25. August 2021