1. Scope

These General Terms and Conditions (GTC) regulate the conclusion, content and execution of contracts between WAIKURA MANUKA AG (hereinafter referred to as WAIKURA) and its customers (hereinafter referred to as customer) in connection with the sale of goods via their online shop (hereinafter referred to as web shop).

Approval of these General Terms and Conditions and the principles and general conditions applicable to the respective purchase transaction takes place with the approval of a purchase order by the customer.

WAIKURA provides its services within the framework of operational resources and takes the economically reasonable, technically possible and proportionate measures to secure its data and services. It can transfer the provision of services to third parties.

2nd offer

The sales offers are published by WAIKURA in the web shop. Any deviations in the goods from the published offer are possible and do not give the customer the right to reverse the purchase transaction.

We reserve the right to make subsequent changes to the offer at any time, as well as to correct any errors in the price address or the product description and - declaration. Errors in the publication of the offer do not entitle the customer to the actual delivery of goods.

In principle, the sales offer is limited to customers with a place of residence / a delivery address in Switzerland and Liechtenstein. WAIKURA can nevertheless allow deliveries of correspondingly marked goods abroad subject to special restrictions and conditions. In any case, the taxation- and customs clearance principles of the respective country of destination of the goods delivery remain decisive.

3. Ordering Goods

The customer undertakes to provide truthful information when ordering goods.
Persons under the age of 18 or persons who are not fully capable of acting confirm with their order that they have the consent of their legal representative for the conclusion of the relevant transaction.
The records of WAIKURA regarding the order placed by the customer are considered correct, provided that clarifications in this regard do not give any indication of transmission errors.

4. Conclusion of contract and right of withdrawal

The offers published by WAIKURA in the web shop do not constitute a contractual offer. Customer orders are considered an invitation to make an offer to WAIKURA. The contract is concluded with the delivery of the products. Section 2, Paragraph 2 remains reserved.
The customer has the right to cancel his order in writing within 14 days. The cancellation period begins when the customer places the order. The deadline is met if the declaration of revocation is handed over to WAIKURA on the fourteenth day or is sent electronically. The customer is responsible for providing proof of the revocation. The customer bears the costs of returning the goods and the costs incurred by WAIKURA.

Revocation is excluded for contracts if the goods are no longer in their original packaging but are open (unsealed).

5. Delivery of ordered goods

Orders are processed in the order in which they are received by WAIKURA. In individual cases, especially in the case of limited editions, the respective goods supplier reserves the right to reduce orders in whole or in part.

The goods are sold while stocks last and without the possibility of delivery of items for inspection or of reserving goods in advance. The products remain the property of WAIKURA until full payment has been made. Ordered goods are delivered directly by WAIKURA or a shipping partner commissioned by WAIKURA. A delivery period of 2-5 working days for goods from stock applies as a guideline, although no specific delivery times can be guaranteed. If a product is not in stock, a maximum period of 30 working days applies. Pre-order periods for selected goods remain reserved.
Unless otherwise agreed, orders will be executed in the same way as any previous orders by the customer and delivered to the customer's last address in Switzerland that was given to WAIKURA. Clause 2. Paragraph 3 remains reserved for orders from customers who are resident abroad.

A delivery note is enclosed with each delivery. Subsequent deliveries are made immediately upon arrival of the goods.
In the event of any obstacles to delivery, the customer will be informed without delay. If the goods are no longer available, the order will be cancelled. If the maximum delivery period of 30 working days cannot be met, the customer has the option of withdrawing immediately in writing.
In the event of cancellation or withdrawal, any amounts already paid by the customer will be refunded. Further claims of the customer, in particular claims for damages due to delays in delivery or failure of service as well as any consequential damage and lost profits etc. are excluded.

6. Complaints or exchange of goods

Complaints must be made immediately. The notice of defects must contain the type and exact location of the defect. The defective goods are to be sent to the respective contact address after notification of defects has been made and prior consultation with WAIKURA. The customer bears the costs for the return.
The unconditional acceptance of a delivery of goods nullifies all customer claims against the respective supplier of the goods or the transport company involved, subject to cases of intentional deception or gross negligence.
Damage to the content of the shipment that is not visible from the outside must be reported in writing within 14 days of receipt. The same applies to complaints about the incomplete delivery of goods.
Goods sold by WAIKURA will be taken back if a replacement is available in the required quantity. WAIKURA can reject exchange requests if there are no recognizable quality defects. Claims against WAIKURA that go beyond the exchange of products or the cancellation of individual orders are excluded in any case.

7. Prices and terms of payment

The customer must pay the prices published in the WEBSHOP that are valid for the purchase of a product at the time the contract is concluded. The payment methods accepted by the respective goods provider are available to him for this purpose. For deliveries abroad, the rates of the country of destination (country of the respective recipient) always apply with regard to VAT and customs duties.
Regardless of the order value, shipping costs of 7 CHF will be charged.
The invoice amount and the delivery quantity of an order can be found on the WAIKURA invoice and the associated delivery note. Other documents such as duplicate delivery notes, performance certificates or the like will not be issued.

8. Data protection and data security

WAIKURA collects and processes personal data in strict compliance with the provisions of data protection law.
Data recordings are only passed on to third parties in anonymous form. We reserve the right to transfer the provision of services to third parties in accordance with Section 1, Paragraph 4, whereby these are subject to the same data protection obligations as WAIKURA itself.

Further provisions can be found in the data protection declaration, which is an integral part of the general terms and conditions.

9. Warranty and Liability

With regard to the warranty and guarantee for the goods, the individual provisions of the respective provider apply.
During the warranty period, any defects in the goods will be repaired free of charge or, if the defect cannot be remedied, – will replace the goods with one of equal value. There is no entitlement to replacement goods during the repair.
If the defect cannot be repaired or remedied by a replacement of equal value, the customer only has the right to withdraw from the contract and to demand the purchase price back against return of the goods, taking into account an appropriate compensation for use.

Damage to consumables is excluded from the guarantee. There is also no guarantee for defects that are caused by normal wear and tear, improper care or non-observance of the instructions for use or for which the customer or a third party is responsible or which are due to external influences (in particular moisture damage, impact, incorrect storage, etc.). . In these cases, the customer has to bear the costs for troubleshooting and repairs himself. The warranty services apply instead of the warranty- and the associated claims for damages under the Swiss Code of Obligations.

Any liability of WAIKURA is expressly excluded for late product deliveries, incorrect product descriptions and - illustrations or price information as well as for damages that are due to improper handling or use of the goods or the WEBSHOP or to abusive activities or omissions of third parties. Liability for claims and claims for damages by third parties as well as for consequential damage and lost profits of all kinds is also excluded.
The customer is liable to WAIKURA for damages that can be traced back in any form to the non- or poor performance of his contractual obligations, unless he can prove that he is not at fault.

10. Other Provisions

WAIKURA can change these General Terms and Conditions and the associated price list at any time.
Should one or more of these provisions be void or ineffective, the binding nature of the remaining provisions shall remain unaffected. In this case, WAIKURA replaces the void or ineffective provisions with legal provisions that are as economically equivalent as possible. The same applies to the filling of any contractual gaps.

These General Terms and Conditions are written in German.
Swiss law is exclusively applicable; the application of the UN- Convention on Contracts for the International Sale of Goods (CISG) is waived. The exclusive place of jurisdiction and fulfillment is St. Moritz/Switzerland. Conflicting mandatory legal provisions remain reserved.

© WAIKURA MANUKA AG, March 2022