GENERAL TERMS AND CONDITIONS (GTC) from PET & Co. A brand of Variance GmbH
Statutory warranty law applies to all contracts concluded within the scope of the validity of these conditions. In addition, the following individual provisions are made with regard to the warranty:
For the entire business relationship between PET & Co. (hereinafter also “supplier” or “we”) and the customer (hereinafter “customer”), the following general terms and conditions (hereinafter also “GTC”) of the supplier apply exclusively.
All agreements concluded between the customer and the provider regarding the delivery of goods result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance. Any conflicting, deviating or supplementary general terms and conditions of the customer will not be recognized.
2. Retention Of Title
The delivered goods remain our property until full payment. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without our consent.
3 CONCLUSION OF CONTRACT, NON-BINDING INFORMATION, SUPPLY QUANTITIES
All information about our goods and prices are subject to change and non-binding.
Our offer is aimed exclusively at end users in Switzerland, Germany and Austria. The ordered goods or the ordered voucher are not intended for resale. Therefore, only orders in normal household quantities are accepted.
By completely filling out and confirming the order form provided by the provider, the customer can make a binding offer to conclude a contract for the continued delivery of goods.
All information provided by the customer in the ordering process must be up-to-date and truthful. The customer password may not be passed on to third parties and must be kept inaccessible to unauthorized persons. A loss or a transfer is to be reported to the provider immediately in text form. The customer is liable for misuse, for example in the case of orders with his customer password by third parties in accordance with the statutory provisions.
The provider immediately confirms the customer's receipt of the order form electronically. This confirmation of receipt does not constitute a binding acceptance of the order.
The provider can either expressly accept this offer by sending a binding declaration of acceptance or by sending the ordered goods or debiting the purchase price. Up to this point in time, the provider can refuse acceptance at any time without giving reasons. A contract between the customer and the provider is only effectively concluded when the offer is accepted by the provider.
4. RIGHTS TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, physical possession of the last good.
The cancellation period is fourteen days from the day the package reached your destination address.
In order to exercise your right of cancellation, you must inform us either at firstname.lastname@example.org or by post (Variance GmbH, PET & Co. Ackersteinstrasse 93, 8049 Zurich) by means of a clear declaration of your decision to cancel this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you (with the exception of delivery costs) immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same means of payment that you used in the original transaction.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal only applies to unused products in their original packaging.
5. TERM, TERMINATION, RENEWAL
In the case of offer variants with fixed terms (gift offers), the contract ends after the agreed term has expired or the last delivery has been made. A separate termination is not required.
6. DELIVERY, DELIVERY DATES, DELIVERY REQUIREMENTS, PARTIAL DELIVERIES
The provider reserves the right to only deliver after full payment by the customer. There is no right to prior delivery.
Our delivery dates or delivery periods are exclusively non-binding information, unless these are expressly regulated as binding between the provider and the customer.
We deliver within Switzerland, Germany and Austria to addresses that can deliver parcels. If the purchase contract relates to a voucher, the delivery will be made by email.
The provider is entitled to partial delivery and partial performance at any time, provided this is reasonable for the customer.
7. PRICES AND SHIPPING COSTS, DUE DATE, PAYMENT, INVOICE, PAYMENT DEFAULT, OFFSET, RETENTION
All prices include the applicable sales tax, packaging costs and shipping costs. Exceptions are explicitly noted.
The seller's purchase price claim is due on the 15th calendar day for the following month, without prejudice to a statutory right of withdrawal.
The customer can only use the payment methods agreed and specified when ordering: Visa, Mastercard, Postcard, Postfinance, Twint Paypal or invoice via Ideal Payment.
For purchases on account: The invoice is payable within 10 days. PET & Co. reserves the right to obtain credit checks on the customer and can forward customer data to third parties for this purpose.
In the event of late payment, default interest of 5% per year plus reminder fees of CHF 20.00 will be charged. In the event of a default in payment, PET & Co. is also entitled to assign the claim to a third party or to commission the collection of the claim at the expense of the customer.
The customer only has the right to offset if his counterclaims have been legally established or are undisputed by the provider. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.30
8. RIGHTS IN THE EVENT OF DEFECTS, INDEMNIFICATION
If the delivered goods do not have the quality agreed between the supplier and the customer or if they are not suitable for the use required by the contract or for general use or if they do not have the properties that the customer could expect according to our public statements, then the provider is obliged to subsequent performance. This does not apply if the provider is entitled to refuse subsequent performance based on statutory regulations. The customer must grant the provider a reasonable period of time for supplementary performance in this regard.
Subsequent performance is at the customer's option, either by eliminating the defect or by delivering new goods. During the supplementary performance period, the customer is not entitled to reduce the purchase price or withdraw from the contract. If the provider has tried the supplementary performance twice in vain, this is considered to have failed. If the supplementary performance has failed, the customer is entitled to choose between reducing the purchase price or withdrawing from the contract.
The customer can only assert claims for damages due to a defect in accordance with the following paragraphs if subsequent performance according to paragraph 2 above has failed. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
The provider is liable without limitation in accordance with the statutory provisions for damage to life, limb or health that is based on a culpable breach of duty by the provider, his legal representatives or his vicarious agents.
The provider is also liable within the framework of a quality and/or durability guarantee if he has given such a guarantee with regard to the delivered item. If damage occurs which is based on the fact that the quality or durability guaranteed by the provider is missing and this damage does not occur directly on the goods delivered by the provider, the provider is only liable for this if the risk of such damage is evident is covered by the quality and durability guarantee.
If a damage is based on the simply negligent breach of a material contractual obligation, i.e. an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer as the buyer can regularly rely, the provider is also liable for such damage.