General Terms and Conditions KittyFlap.ch GmbH

General Terms and Conditions KittyFlap.ch GmbH

§1 Validity of the conditions

The deliveries, services and offers of KittyFlap.ch GmbH are made exclusively on the basis of 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 made by 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 services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.

§3 Prices

The prices stated in our order confirmation shall apply. 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, subject to price changes and errors.

§4 Delivery and performance time

Deadlines and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by KittyFlap.ch GmbH is subject to the correct and timely delivery to KittyFlap.ch GmbH by suppliers and manufacturers.

§5 Default of acceptance

If the buyer 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 demand compensation for non-performance. KittyFlap.ch GmbH is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation from the buyer for the actual loss incurred.

§6 Delivery

Accessibility for the goods must be guaranteed by the customer during delivery and assembly. 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 is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transportation. 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. If KittyFlap.ch GmbH agrees to bear the transportation costs in individual cases, this has no influence on the transfer of risk.

§8 Warranty

The warranty period in accordance with the following provisions is 2 years, unless expressly agreed otherwise 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 available to the direct purchaser and are not transferable.

§9 Returns

For returns, we require the defective part or device to be 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 devices to be repaired, the buyer must ensure that any data on them is backed up by copies, as this data may be lost during repair work.

§10 Right of withdrawal

Customers have the right to withdraw from the contract within 14 days of 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 withdrawal must be sent to: KittyFlap.ch GmbH, Kastellstrasse 11, 8107 Buchs, Switzerland. info@kittyflap.ch KittyFlap GmbH may deduct a handling fee of CHF/EUR 40 for the reversal of goods already ordered or delivered. 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 goods received with the original packaging to KittyFlap.ch GmbH within 14 days of the declaration of withdrawal. The customer bears the costs for the return. The following return address applies to Swiss customers: KittyFlap.ch GmbH, Kastellstrasse 11, 8107 Buchs.
The following return address applies to all EU customers: Graewer Kunststofftechnik, KittyFlap Retouren, Lindengarten 12 + 14, 73265 Dettingen unter Teck, Germany After receipt of the goods in their original packaging and unused, 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 has been received.

§12 Payment

Payment is made directly when the order is placed in our online store, unless otherwise agreed. Delivery is always carriage forward, i.e. at the expense of the buyer by parcel post. Payment shall only be deemed to have been made when we have the amount at our disposal.

§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, except in cases of willful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.

§15 Copyrights / Software Warranty

If software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer’s license agreement apply exclusively. Companies, brands, trademarks, trade names, images and logos used on this site are the property of their respective owners.

§16 Data protection

The privacy policy is an integral part of these GTC. By accepting these terms and conditions, you also agree to the privacy policy.

§17 Place of jurisdiction

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 1.24, March 27, 2024 Declaration of conformity for download