General Terms and Conditions KittyFlap.ch GmbH
§1 Validity of the conditions
The deliveries, services and offers of KittyFlap.ch GmbH are exclusively based on these terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. General Terms and Conditions of Purchase of the Buyer are hereby objected to. Deviations from these terms and conditions are only effective if we confirm them in writing.
§2 Offer and conclusion of contract
The offers of KittyFlap.ch GmbH in price lists and advertisements are subject to change and non-binding. Orders are binding for KittyFlap.ch GmbH only after written confirmation. Offers such as checked returns and clearance sales are excluded from the binding nature of availability. The information in our sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not represent any assurance of properties unless they are expressly designated in writing as binding.
The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In case of delivery bottlenecks as well as errands, the daily price on the day of order is valid. Unless otherwise agreed, the prices are exclusive of transport costs, including the statutory value added tax. The current prices are published in the online store, price changes and errors excepted.
§4 Delivery and performance time
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The indication of certain delivery periods and delivery dates by KittyFlap.ch GmbH is subject to the correct and timely supply of KittyFlap.ch GmbH by suppliers and manufacturers.
§5 Default of acceptance
If the purchaser refuses to accept the delivery items after the expiry of a grace period set for him or declares that he does not wish to accept the goods, KittyFlap.ch GmbH may refuse to fulfill the contract and claim damages for non-performance. KittyFlap.ch GmbH is entitled to claim either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer.
During delivery and assembly, accessibility for the goods must be ensured by the customer.
Visible quantity differences must be reported immediately upon receipt of goods, hidden quantity differences within 3 days after receipt of goods to KittyFlap.ch GmbH and the carrier in writing. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
§7 Transfer of risk
The risk shall pass to the Buyer as soon as the consignment has been handed over to the person performing the transport. If shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the Buyer upon notification of readiness for shipment. An assumption of the transport costs by KittyFlap.ch GmbH agreed in individual cases has no influence on the transfer of risk.
The warranty in accordance with the following provisions is 1 year, unless otherwise expressly agreed in writing. The warranty period begins with the date of delivery. If our operating or maintenance instructions are not followed, if modifications are made, if parts are replaced, if the KittyFlap is opened or if consumables are used that do not comply with the original specifications, any warranty will be void. This also applies insofar as the defect is due to improper use, storage and handling of the equipment, or third-party intervention as well as the opening of equipment. Insignificant deviations from warranted characteristics of the goods shall not trigger any warranty rights. In particular, prey detection cannot be guaranteed because it is an approximation. Inadequate prey detection is not grounds for warranty. Liability for normal wear and tear, as well as consumables/accessories/batteries/rechargeable batteries is excluded. Warranty claims against KittyFlap.ch GmbH are only entitled to the direct buyer and are not assignable.
For returns we require that the defective part or device is sent to KittyFlap.ch GmbH for repair with a completed repair form and a copy of the invoice with which the device was delivered. A return of products by the customer requires the prior consent of KittyFlap.ch GmbH and is at the expense and risk of the customer. The products must be returned in their original packaging and accompanied by a detailed description of the defect or deficiency and a return number. Products that we procure on customer request and opened software are excluded from return. No new warranty periods come into effect as a result of the replacement of parts, assemblies or entire devices. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the equipment to be repaired, the purchaser must ensure that any data on it is backed up by copies, as this data may be lost during repair work.
§10 Right of withdrawal
Customers have the right to revoke the contract declaration within 14 days after receipt of the goods. The revocation must be sent to KittyFlap.ch GmbH in writing by e-mail or letter. The date of dispatch of the revocation shall be decisive for the observance of the time limit. A statement of reasons for the revocation is not required. The declaration of revocation is to be addressed to: KittyFlap.ch GmbH, Kastellstrasse 11, 8107 Buchs, Switzerland. firstname.lastname@example.org
For the reversal of already ordered or delivered goods, KittyFlap.ch GmbH is allowed to deduct a turnover compensation in the amount of CHF/EUR 40. This is due to the costs that payment service providers or senders charge us.
Exercising the right of withdrawal leads to the conversion of the purchase contract into a rescission relationship, according to which the services received under the purchase contract must be refunded. The customer must return the received goods with the original packaging to KittyFlap.ch GmbH within 14 days after declaration of revocation. The customer bears the costs for the return.
Upon receipt of the goods in original packaging and not used, the purchase price, if already paid, will be refunded to the customer immediately. A deduction of the purchase price to be refunded for possible damage or excessive wear of the goods remains reserved. KittyFlap.ch GmbH may refuse repayment until the goods have been received back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
For KittyFlaps that have already been put into operation (mounted or registered with the app), the following regulation applies: the KittyFlap generates a unique key for the customer upon commissioning, from which other cryptographic keys are derived in order to enforce data protection. The encryption is not reversible and cannot be circumvented by KittyFlap.ch GmbH. Therefore, each KittyFlap put into service must again go through the production process, the quality process and the acceptance process. This is associated with considerable costs, which we charge on, respectively is deducted from the refund amount. This amounts to approx. CHF/EUR 50.00.
§11 Retention of title
The delivered goods remain the property of KittyFlap.ch GmbH until full payment.
Payment is made immediately upon ordering in our online store, unless otherwise agreed. Delivery is always carriage forward, i.e. at the expense of the buyer by parcel post. A payment shall only be deemed to have been made when we can dispose of the amount.
§13 Small quantity surcharge
Up to an order amount of CHF/EUR 50.00 we charge a small quantity surcharge of CHF/EUR 9.00.
§14 Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents or assistants, except in the case of intentional or grossly negligent conduct. Any liability for consequential damages resulting from the use of the products is rejected.
§15 Copyrights / Software Warranty
Insofar as software is included in the scope of delivery, it shall be provided to the purchaser solely for one-time resale or for the purchaser’s own use, i.e. the purchaser may neither copy it nor provide it to others for use. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer’s license agreement apply exclusively. Companies, brands, trademarks, images and logos used on this site are the property of their respective owners.
§16 Data protection
Buchs-ZH is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Version 1.23, September 22, 2023