General Terms and Conditions

Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between WaserLiving (hereinafter referred to as “WaserLiving”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for physical products (hereinafter referred to as “products” or “goods”) that are purchased via our website (hereinafter referred to as “online shop” or “website”).

The website and the online shop are operated by:

WaserLiving
Baslerstrasse 122b
5222 Umiken
Switzerland

Email:
info@waserliving.com

Company No (UID):
CHE-465.127.464

Individual agreements concluded with the customer take precedence over these GTC. Conflicting terms and conditions of the customer are not recognized.

WaserLiving reserves the right to change these GTC at any time. All changes become effective upon the publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is, when purchasing a product, the date on which the binding order is submitted to us.

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following conditions as well as to our privacy policy, and you declare that you are authorized to enter into legally binding contracts and are at least 18 years old.

  1. Conclusion of a Purchase Contract

The presentation of the products in the online shop does not constitute a legally binding offer but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. WaserLiving expressly reserves the right to change the products themselves as well as the contents, such as images, assortment, prices, and the descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertisements, and other information in connection with our products are provided for informational purposes only and are not binding on WaserLiving.

The customer can place a binding order for the products selected by them via our online shop. The customer can place the products they select into the “shopping cart.” This does not yet constitute a binding order. An order is only considered to be bindingly placed once the customer clicks the [“place a binding order”] button on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the information at any time, identify possible input errors, and, if necessary, correct them before the final binding submission of the order.

After receipt of the order, WaserLiving will contact the customer in writing via email. After clarification of the exact product configuration, the final invoice will be issued. By submitting the order, you confirm that you have read and unconditionally agree to the GTC. We recommend that you print out or save the GTC on your computer for the purpose of the online order and for your documentation.

After you have placed a binding order, WaserLiving is free to either accept the order at its own discretion or to reject it by sending an appropriate notification via email and without assuming any liability to you or third parties. Any payment already made will be refunded to you in the event of cancellation of the order. Reasons for rejecting an order may include, for example, that a product is no longer available, that we cannot obtain authorization for the customer’s payment, or that there is reason to believe that the customer is acting in violation of these GTC, individual agreements, fraudulent or other criminal activities, or for another important reason.

Upon acceptance of the order, a binding purchase contract is concluded with the customer. This acceptance takes place by dispatch of the ordered goods.

  1. Availability and Reservation of Performance for Non-Deliverable Products

All information regarding the availability of our products and the shipment and delivery of our goods constitutes preliminary information and approximate reference values. They do not represent binding or guaranteed shipping or delivery dates. Any liability for goods that are not available or for delays in the shipment or delivery of goods is expressly excluded.

Our products are available as long as stocks last. If, during the processing of your order, WaserLiving determines that the goods you have ordered are not available, we will inform you of this without delay. In such a case, a contract concerning the non-deliverable goods does not come into existence, as the ordered goods cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In such a case, we will inform the customer accordingly by email.

  1. Prices and Shipping Costs

Our products and prices correspond to those stated on the website. All prices are given in CHF (Swiss Francs) [or in euros, where applicable] and include statutory value-added tax (VAT). The total price of your order, including any applicable additional and shipping costs and the VAT payable for the respective country, is displayed at the end of the ordering process. [Depending on the method of delivery, this must be adjusted: In the case of shipping to countries outside Switzerland, additional customs fees may apply. These are not included in the price and must be borne by the customer.]

By placing a binding order, you declare that you agree with the total price for the ordered products. After the binding order has been placed, the price can no longer be adjusted.

WaserLiving reserves the right to change the prices at any time. The products will be charged based on the prices offered at the time the binding order is placed.

  1. Terms of Payment / Credit Check

Orders are generally due for payment immediately.

The customer has the option to pay using the payment methods displayed on the website or during the ordering process. These may change from time to time and depending on the country. Furthermore, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods used by us (for example, in order to safeguard our credit risk, only such methods that correspond to the respective creditworthiness).

By selecting the payment method, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorizes WaserLiving to collect payments in the corresponding manner. Should chargebacks occur, WaserLiving is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, WaserLiving shall not be liable for any fees or other amounts that may be charged to you by the card issuer or your bank as a result of processing your payment according to your order.

If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, to check the availability parameters for collection and the address data, and to request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the entered payment data is correct. In the event of a payment being declined, WaserLiving reserves the right to cancel the order and suspend the shipment of the products. In such a case, we will contact you immediately.

If payment is made by invoice, the customer will receive the invoice by email. Payment must be made within the payment period stated on the invoice. If payment is not made within the deadline, WaserLiving is entitled to charge its expenses for each reminder of at least CHF 50.– and other costs associated with the collection, as well as the statutory default interest. Should it become necessary to initiate debt enforcement proceedings, we will charge an additional processing fee of at least CHF 200.–.

  1. Delivery Conditions

Delivery is generally carried out by the delivery service of Swiss Post Ltd. For deliveries to the EU, the following delivery services are used: [Swiss Post Ltd. or couriers such as DHL, TNT.] The incurred costs must be paid in advance by the buyer.

The goods that you order in our online shop and that are in stock will be delivered to you, depending on the destination, within 5–15 business days after receipt of full payment.

If the products are marked as not in stock at the time of ordering, WaserLiving will endeavor to deliver the goods as quickly as possible. JAISON GmbH makes every effort to adhere to the stated delivery times. However, WaserLiving is not responsible for delivery delays, regardless of their cause. We will inform you immediately of any delivery delays that arise.

If the performance obstruction lasts for more than 3 weeks after the original delivery date, the customer is entitled to withdraw from their order. Further claims, particularly claims for damages, are excluded.

If delivery of the goods fails due to the fault of the customer despite [three] delivery attempts, WaserLiving may withdraw from the contract. Any payments already made will be refunded immediately.

  1. Retention of Title

WaserLiving remains the owner of the delivered goods until they have been paid for in full.

  1. Right of Withdrawal and Return

Conditions:
For all purchases of our goods via our online shop (with the exception of certain products; see the restrictions on withdrawal below), you, as a consumer, have the right to withdraw from the contract within 14 days of receiving the goods without giving any reason. You may withdraw from the contract within 14 days of receipt of the goods, or a third party named by you who is not the carrier, by either sending the goods back to us [WaserLiving, Baslerstrasse 122b, 5222 Umiken, +41 76 741 88 60], or by informing us of your decision to withdraw from the contract via a clear statement in text form (e.g., a letter sent by post or an e-mail). The 14-day return period begins on the day after receipt of the goods and shall be deemed observed if the goods or the notice of withdrawal are handed over to the post office or another shipping service provider on the last day of the return period.

A condition for exercising the right of withdrawal is that you return the goods unused, complete, and intact, preferably in their original packaging, to us. The goods, together with the completed return slip, must be sent to the following address:

WaserLiving
Baslerstrasse 122b
5222 Umiken
Switzerland

Consequences of Withdrawal:
If you withdraw from the contract and return the goods in proper condition, we will reimburse you for the total amount paid, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received notice of your withdrawal from this contract or the goods have been returned to us. The refund will be made using the same payment method that you originally used for the transaction and will always be made to the account used for the payment, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees as a result of this refund. Please ensure that you have access to the account provided, as WaserLiving assumes no liability in this respect.

We may withhold the reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods other than what is necessary to ascertain the nature, characteristics, and functioning of the goods.

Restrictions on Withdrawal:
The right of withdrawal is excluded for the following contracts:

delivery of products that were customized according to your own specifications or clearly tailored to your personal needs (so-called customer-specific, individualized products);

if the delivery concerns products which are not suitable for return due to health protection or hygiene reasons and whose packaging was opened after delivery.

  1. Notice of Defects / Warranty

WaserLiving warrants that the goods correspond to the agreed-upon characteristics and are free from defects that would impair their value or suitability for the intended use.

Upon receipt of the products, the customer must immediately inspect them for correctness, completeness, and any possible damage. Errors or damages must be reported to WaserLiving within 5 working days. Defects that could not be discovered during proper inspection and only appear later must be reported immediately upon their discovery in writing. If you fail to inspect the goods or to notify us of the defect promptly, the product shall be deemed approved, and you shall no longer be entitled to assert any claims against us.

The statutory warranty provisions apply for manufacturing defects and material or production faults. The warranty period is 2 years from the date of receipt of the product. Excluded from the warranty are products that have been damaged due to the customer’s own fault (such as dropping, improper use, or using the product outside of its intended purpose). In particular, no warranty shall apply after a fall. Also excluded from the warranty are wear parts such as leather, fabric, fillings, seams, and all parts of the frame, etc. (this list is not exhaustive).

The customer’s warranty claims are limited to replacement delivery or remedy of the defect/reworking, to the exclusion of all other claims, in particular reduction of the purchase price or compensation for indirect or consequential damages. WaserLiving shall decide at its own discretion whether to provide a replacement delivery or a repair. If replacement or repair fails, the customer is entitled to withdraw from the contract in the event of significant defects.

The defective product must be returned to the above-mentioned address of WaserLiving together with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer’s own cost and risk. Please obtain confirmation of your return and keep this confirmation, as your warranty claim cannot be processed in the event of loss of the parcel.

  1. Registration for an Account

When registering a customer account, you can view information about your completed, open, and recently shipped orders and manage and save your address data, any payment data, and a possible newsletter subscription. Since your data is stored, you do not have to re-enter it when making another purchase.

If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat your personal login data confidentially and not to make it accessible to unauthorized third parties. WaserLiving undertakes to treat your data confidentially and not to pass it on to unauthorized third parties. For further information on data protection, please refer to our privacy policy.

Registration is free of charge. Each customer is only permitted to maintain one customer account. We reserve the right to delete multiple applications and to warn, block, or delete or modify the content of registered customers who violate these Terms and Conditions or individual agreements.

WaserLiving is not obliged to accept the registration or the order of a registered customer.

  1. Complaints and Grievances

We place great importance on customer satisfaction. You can contact us at any time using the contact information provided at the beginning. We strive to review your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have complaints or grievances, please assist us by clearly describing the specific issue or error indicators and, if applicable, by providing a copy of the order documents or at least stating the order number, customer number, etc. We aim to respond to you within 3 working days.

  1. Liability

WaserLiving shall be liable for damages caused by unlawful intent or gross negligence on its part and proven to have resulted from breaches of its own obligations under these General Terms and Conditions and the contractual relationships based thereon. Liability for slight and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort, or any other legal grounds, is expressly excluded. Indirect damages shall include, for example, loss of profit, financial losses, damage to reputation, damages caused by computer viruses or data loss due to temporary impairments or interruptions in the availability of WaserLiving’s services. Furthermore, WaserLiving assumes no contractual or non-contractual liability for damages caused by auxiliary persons engaged in the provision of services.

The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb, or health directly caused by WaserLiving, nor in cases of mandatory statutory provisions, including those under the Product Liability Act.

Subject to the foregoing, the total liability under these General Terms and Conditions, regardless of the legal basis and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.

Event beyond our control:
In the event of an occurrence beyond our control and sphere of influence (so-called force majeure), we shall assume no liability or responsibility for failure to perform or delayed performance of any obligations arising from these General Terms and Conditions or the contractual relationship based thereon. An event beyond our control includes, for example:

strikes, lockouts or other industrial action by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, ABC accidents, alien invasions, Armageddon, AI rebellions, other natural disasters, or failure of public or private communication networks, or the unavailability of rail, shipping, air, road transport, or other means of public or private transportation.

Should such an event beyond our control occur and affect the performance of our contractual obligations, we will inform you as soon as reasonably possible.

  1. Data Protection

WaserLiving collects and processes personal data solely within the framework of the applicable legal provisions, particularly in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related matters can be found in our Privacy Policy, which forms an integral part of these General Terms and Conditions.

  1. Copyright

The information and content published on the website are protected by copyright and are the property of WaserLiving or the respective rights holder. Reproduction, modification, distribution, or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. WaserLiving and the corresponding rights holder expressly reserve all related rights.

  1. Severability Clause

Should any provision of these Terms and Conditions be or become unlawful, invalid, or unenforceable for any reason, the validity of the remaining provisions shall not be affected. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic intent of the original provision and the will of the parties at the time the contract was concluded. The same shall apply in the event of any gaps in these Terms and Conditions.

  1. Online Dispute Resolution

The European Commission has established an online platform for alternative dispute resolution, which provides an out-of-court procedure for resolving all disputes related to and arising from online sales contracts, available to consumers residing in the EU. You may use this platform to resolve disputes arising from an online contract concluded with us. The platform is available at the following link: http://ec.europa.eu/consumers/odr/.

  1. Applicable Law and Place of Jurisdiction

These Terms and Conditions, the contractual relationships based on them, and any potential disputes shall be governed exclusively by substantive Swiss law, to the exclusion of conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons shall be either the registered office of WaserLiving or the customer’s place of residence. For legal entities, the exclusive place of jurisdiction shall be the registered office of WaserLiving.

These provisions shall apply only to the extent that there are no mandatory legal provisions of the state in which the consumer has their habitual residence that take precedence over these Terms and Conditions.

All prices excl. VAT.