Terms of service
1. These general terms and conditions (hereinafter "GTC") apply to the purchase of all products and services that are included in the range of KAQTU Design AG. General terms and conditions of the buyer are deemed not to have been agreed. The same also applies to changes to these General Terms and Conditions if we have not accepted them in writing. The version that is given to the buyer when making a purchase or order is decisive.
2. The products are always delivered according to a sample, illustration or sketch. Slight deviations in size, colour, structure and processing are reserved. Deviations without other written commitments are unavoidable, particularly in the case of follow-up/additional orders.
3. Unless otherwise agreed in writing, the products are intended exclusively for private use. KAQTU Design AG grants the statutory warranty for construction and material defects for a period of 2 years from delivery of the goods to the buyer. KAQTU Design AG does not grant any other warranties and guarantees, in particular manufacturer guarantees, unless explicitly stated otherwise in the purchase contract or the order confirmation.
4. The buyer checks the products for any defects immediately upon receipt, in particular for damage to the glass. Corresponding complaints must be made within 8 days of receipt of the products. Defects that become apparent later, i.e. during the warranty period, must be reported immediately after they are discovered. Excluded from the warranty are damages caused by wear and tear, aging and improper handling, as well as lamps. The warranty expires if products are further processed or modified by the buyer despite recognizable defects.
5. KAQTU Design AG or the third-party partners commissioned by it can provide the warranty either through free repairs or an equivalent replacement. Further claims are excluded. In the case of reduced goods, KAQTU Design AG reserves the right to refund the purchase price paid instead of providing free repairs or an equivalent replacement.
6. The collection and processing of the buyer's personal data by us is explained in the data protection declaration. This forms an integral part of these GTC.
The buyer consents to the storage of the personal data transmitted to us in the context of an order or otherwise for the purpose of contract processing. The buyer also agrees that data provided by him and other usage data will be analyzed in order to present him with personalized advertising and / or special offers and services. The analysis of the usage data can lead to the creation of user profiles. The user profiles are created in pseudonymised form and are not combined with personal data. Finally, the buyer agrees that we or third parties commissioned by us can obtain credit information if necessary (information center for credit and economic information, residents' registration office, debt collection offices, etc.). We are also entitled to register any information about a rejection of the card application, about payment arrears and about card misuse.
7. All prices are net, including VAT. Excluded are individual agreements between the two parties. The agreement of both parties is required for the offsetting of claims. A reminder fee is charged for reminders.
8. The products remain the property of KAQTU Design AG until the purchase price has been paid in full.The latter is entitled to arrange for the entry in the register of retention of title at the buyer's expense if it considers its claim to be at risk
9. The delivery or collection of the ordered products is agreed between the buyer and KAQTU Design AG. If delivery to the buyer's address is agreed, delivery is generally made to the curb of the property. If assembly has been agreed, this will also only take place to the extent that the local and structural conditions allow it with normal effort. Luminaires and electrical installations are excluded from assembly.
10. Ordered products are usually made available or delivered within the agreed delivery date. The buyer will be notified if a product is temporarily unavailable. The buyer acknowledges that delivery delays of up to two months do not entitle him to refuse acceptance of the ordered goods, to cancel the contract, to claim damages or to reclaim the purchase price. Counterclaims by the buyer can only be made with our consent.
11. If we are not supplied by our suppliers through no fault of our own, although we have placed congruent orders with reliable suppliers, we are released from our obligation to perform and can withdraw from the contract. We will inform the buyer immediately about the unavailability and, in the event of withdrawal, reimburse the customer immediately for payments already made.
12. All cases of breach of contract and their legal consequences as well as all claims of the buyer, regardless of the legal basis for which they are made, are conclusively regulated in these General Terms and Conditions. Other claims of the buyer - regardless of the legal reason - are excluded, apart from the cases mentioned below. Auxiliaries and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular not for consequential damage, loss of profit or other financial losses. The above limitation of liability does not apply to injury to life, limb or health; in the event of intentional or grossly negligent breach of duty; in the case of guarantee promises, if agreed; and as far as the area of application of the Product Liability Act is open.
13. We reserve the right to assign or pledge to third parties our purchase price claims that have arisen in connection with the delivery of goods, including any installments due in installments, interest on arrears and reminder fees.
14. We voluntarily grant the buyer a right of return. The return period is fourteen (14) days. Further information on the right of return, the modalities of the return and exceptions to the right of return, especially for customer-specific orders, can be found under the right of return article. The right of return applies to all sales channels.
15. Swiss law applies exclusively. The application of the UN sales law is excluded. The place of jurisdiction for natural persons is Hinwil or the place of residence of the buyer. Place of jurisdiction for legal persons is exclusively Hinwil.
17. Registration / Privacy
It is up to the buyer to register at www.kaqtu.ch or to place an order without registration. However, certain functions of the website are only available to registered buyers.
When registering, i.e. opening a customer account, the buyer is obliged to provide truthful information about himself. KAQTU Design AG reserves the right to delete customer accounts or to block a user name and password at any time and without giving reasons.
The customer must inform KAQTU Design AG as soon as possible of any changes to personal information (in particular name or company, address of residence or registered office, contact and correspondence information). If necessary, he has to renew evidence and declarations.
The buyer receives further and more detailed information on the processing of personal data by KAQTU Design AG in connection with the registration, but also in connection with the use of the website and purchases on the website in the data protection declaration and in the general terms and conditions of KAQTU Design AG.
The presentation on the internet is non-binding. We reserve the right to modify the range of goods and their presentation at any time and to remove certain products from the range completely. We exclude any liability for typographical errors, incorrect or incomplete information and representations.
Decorative items shown in connection with a product are not part of the product range unless they are named and mentioned. Accessories and decorative items must be purchased separately.
We endeavor to ensure the best possible availability of the products and services offered on the website. However, the presentation of a specific product on the website does not mean that we make any guarantee as to its availability. We are only obliged to deliver goods that are in stock. If ordered products are not available, we may not be able to complete the order. Likewise, services could also be unavailable due to a lack of capacity. We reserve the right to either cancel the order or only make a partial delivery. In such a case, we will notify the buyer accordingly.
19. Conclusion of contract / ordering process
If the buyer places an order via the Internet, e-mail, mobile phone or telephone, he makes a binding offer to conclude a purchase or service contract. The buyer receives a confirmation that the order has been received. This confirmation does not constitute acceptance of the offer by KAQTU.KAQTU reserves the right to reject the application without giving reasons. A legally binding purchase contract only comes into existence when KAQTU Design AG sends the order confirmation. Dispatch, delivery and assembly costs are displayed separately during the ordering process and are shown transparently in the order overview and then also in the order confirmation.
The contract is only concluded for those products that are expressly listed in the order confirmation. This also results in the scope of services.
Our offers apply to Switzerland and Liechtenstein. For orders with delivery addresses outside of Switzerland and Liechtenstein, the stated delivery prices and flat rates are invalid. For such orders, please inquire about our shipping or delivery conditions.
The advance recycling fee (ARF) is already included in all prices for electronic devices. We are thus making a contribution to the environmentally friendly disposal of lights.
KAQTU Design AG accepts the payment methods shown to the buyer during the ordering process.
The purchase price and any shipping and assembly costs incurred will be charged after the order has been confirmed. The consulting costs can be charged in advance.
If the buyer chooses prepayment as the payment method, the order will only be processed after receipt of payment. The delivery time may be delayed accordingly.
Discounts or vouchers will only be accepted under the conditions shown on the voucher. A voucher code or value is entered during the payment process. Discounts not claimed can no longer be granted subsequently. Discounts cannot be accumulated.
21. Return Policy
Returns are accepted within 30 calendar days of store pickup or from the date of the postmark or delivery or receipt confirmation. If the buyer cannot produce the delivery or receipt confirmation, the 30-day period begins from the dispatch of the order.
The following are excluded from the right of return (but not from warranty claims):
Orders from legal entities
Made-to-measure / personalized items or items assembled on customer request
Personal hygiene items and copyrighted items such as CDs, DVDs or books after opening the package/seal
Reduced exhibition goods
The product must be returned in its original packaging and in new, unused condition with all accessories. The cost of return should be borne by the buyer themselves.
The purchase price (minus additional, delivery and shipping costs) will be credited to the buyer's customer account for a future purchase or refunded in the form of a shopping voucher. A refund of the purchase price will only be made at the express request of the customer.
The use of this website does not imply that the purchaser is granted any license with respect to the intellectual property rights in the content of this website.
This website and all content posted there (in particular software, files, designs, graphics and data) are and remain the property of KAQTU Design AG. It has appropriate usage rights – and is protected by relevant intellectual property laws, including copyright and trademark rights.Any unauthorized use of this website, in particular the use of this website or its contents for any professional or commercial purpose of any kind, as well as the reproduction, representation, transmission to others, communication, circulating, distribution, modification, licensing, sale or any Any other use of this website or its content, texts, text parts, static or animated graphics, audio data, software, goods or services as well as other data or information is expressly prohibited without the prior written consent of KAQTU Design AG. Methods such as framing and inline are prohibited -linking of the website and content..