General terms and conditions of business
General Terms & Conditions
§ 1 Ambit and Provider
(1) These General Terms & Conditions (hereinafter "T&Cs") apply to all purchase orders placed through the online shop of Swiss Sana AG, Zollstr. 32-34, LI-9490 Vaduz, (hereinafter "Swiss Sana AG").
(2) The range of goods in our online shop is solely aimed at buyers age 18 and up.
(3) The manufacturer of the goods offered through our online shop is Texana Manufacturing Ltd. (UB3A Industrial Estate, San Gwann SGN 3000, Malta). Swiss Sana AG is solely the distributor.
(4) The exclusive contract language is German.
(5) You may review and print out the respective T&Cs from our website at http://www.phallosan.com/au/order-now/general-terms-and-conditions.html.
§ 2 Conclusion of Contract
(1) Presenting the goods in the online shop does not constitute a binding request to conclude a sales contract. It is rather a non-binding request to purchase goods from the online shop.
(2) By clicking the "Purchase ORDER" button you are submitting a binding offer to buy.
(3) If you provided an e-mail address, after placing your offer to buy you will receive an automatically generated e-mail confirming we received your purchase order (acknowledgement). This acknowledgement does not constitute us accepting your offer to buy. The acknowledgement does not conclude the contract.
(4) A sales contract for the goods is concluded when we expressly accept the offer to buy or by despatching the goods – without express prior declaration of acceptance – to you.
§ 3 Prices
The prices listed on the website include statutory value-added tax and other price components and exclude the respective delivery cost. For details about the delivery costs please visit: http://www.phallosan.com/au/order-now.php.
§ 4 Terms of Payment; Default
(1) We generally accept payment via prepayment, credit card, immediate transfer and PayPal. For each purchase order we reserve the right not to accept certain payment methods and point out payment methods. You are responsible for any fees for financial transactions.
(2) When choosing to pay via "prepayment" we will specify our banking data in the order acknowledgement. The invoice total shall be remitted to our account within 10 days from receipt of goods.
(3) When paying by credit card we will place a hold on your credit card for the purchase price at the time the purchase order is placed ("authorisation"). Upon despatching the goods to you we will then actually charge your credit card.
§ 5 Offsetting and Right of Retention
(1) You shall only be entitled to offsetting if your counter-claim has been determined without further recourse, has not been disputed or has been recognised by us, or is in close synallagmatic relation to our claim.
(2) You may only exercise the right of retention if your counter-claim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) We only deliver in household quantities.
(2) Unless otherwise agreed, the goods are delivered from our warehouse to the address specified by you.
(3) By way of exception we are not obligated to deliver the goods ordered if we ordered the goods correctly but delivery was incorrect or late (congruent covering transaction). In this case the precondition is we were not responsible for the goods not being available and promptly notified you of this event. We further must have not accepted the risk of provision of goods ordered. In the event of such unavailability of goods we shall promptly refund any payments made by you. We do not assume the risk of being obligated to procure goods ordered (procurement risk). This also applies to purchase orders for goods only described in type and characteristics (unascertained goods). We are only obligated to deliver goods from our inventory and the goods ordered from our suppliers.
(4) The goods remain our property until the purchase price has been paid in full.
§7 Transport Damage
(1) In the event goods are delivered with obvious transport damage, please immediately notify the delivery agent and contact us as soon as possible.
(2) Failure to submit a complaint or contact us does not affect your statutory warranty rights. However, this will be helpful to us when filing our claim with the carrier or the company providing freight insurance.
(1) Unless expressly agreed otherwise, your warranty rights shall be based on the statutory provisions under the sale of goods law.
(2) Departing from the provisions of the law, the statute of limitations for warranty claims for used goods is one year. This limitation does not apply to claims for damage to life, limb or health or for violation of a material contractual obligation the proper fulfilment of which is essential to the contract and the observance of which the affiliate can normally rely on (cardinal duty) or for claims based on any other damages resulting from wilful or grossly negligent violation of duty of the user or his agents.
(3) All other warranty is subject to the provisions of the law.
(1) Full liability: We are fully liable for intent and gross negligence and as specified by the Product Liability Act. In the case of ordinary negligence we shall be liable for injury to life, limb and the health of persons.
(2) The following limited liability applies to all other cases: In the case of ordinary negligence we shall only be liable for violation of an essential contractual obligation the proper fulfilment of which is essential to the contract and the observance of which you can normally rely on (cardinal duty). Liability for ordinary negligence is limited to the amount of damages foreseeable on conclusion of contract which must typically be expected to occur. This limitation of liability also applies to our agents.
§10 Change of T&Cs
(1) We are entitled to change these T&Cs at any time.
(2) The customer shall be notified of changes or modifications pursuant to paragraph 2 by e-mail no later than four weeks prior to their effective date without being required to send the amendment or addendum of the T&Cs in detail or the new version of the T&Cs as a whole; notice of the amendments or addenda made shall suffice. Our notice will include a link where you can review the new version of the entire T&Cs.
(3) In the event the customer does not object to the amendment or addendum pursuant to paragraph 2 within 14 days of the notice of the addendum or amendment, the amendment or addendum shall be deemed accepted; we shall specifically inform you of this in our notice.
§11 Final Provisions
(1) In the event one or several provisions of these T&Cs are or become void, this does not affect the effectiveness of the contract as a whole.
(2) The European Commission provides a platform for online dispute resolution (ODR) at Link zur Plattform der Europäischen Kommission. We are not obligated and not willing to participate in alternative dispute resolution before a consumer arbitration service.
(3) Contracts between you and us are solely subject to the law of Liechtenstein under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(4) If the buyer is a merchant, body corporate organised under public law or public separate estate, the place of jurisdiction for any disputes resulting from or in connection with these T&Cs is the registered business address of Swiss Sana AG.