Terms of Service

 

§ 1 Scope

1.1 These General Terms and Conditions (hereinafter «Conditions» referred to) apply to all legal transactions with private individuals (hereinafter «customer» or «customer» called) via the online shopp (hereinafter «Carpeteria online shopp» ) to be concluded with the provider. The Carpeteria online shop is operated by Coplax AG (hereinafter «Coplax AG or «providers» called) operated.

1.2 In the Carpeteria online shop, high-quality carpets, floor mats and mats (hereinafter «contract products» or «Products» called) offered in the middle price segment. The images of these products in the Carpeteria online shop, in brochures and/or in advertising etc. are for illustration purposes and are non-binding..

1.3 The range of products and services in the Carpeteria online shop is aimed exclusively at end customers with a billing and delivery address in the Switzerland or in Liechtenstein.

1.4 The offer is valid as long as the product can be found via the search engine in the Carpeteria online shop and/or stocks last..

1.5 The provider reserves the right to change these terms and conditions at any time. The version that is published in the Carpeteria online shop at the time of the order and which cannot be changed unilaterally for this order is decisive for the validity of the General Terms and Conditions. The purchaser's appeal to deviating terms and conditions is excluded.n.

 

§ 2 Conclusion of Contract

2.1 The products and prices in the Carpeteria online shop apply as an offer to the customer. However, this offer is always subject to the contract-dissolving condition of an impossibility of delivery or an incorrect price quotation.

2.2 By placing an order with the provider, the customer agrees to the application of these terms of sale..

2.3 The customer also declares that he has read the Carpeteria online shop's terms of use and the provider's data protection declaration, which can be found at can be called up and must be consulted before using the Carpeteria online shop or placing an online order. This explains the rights and obligations of the customer in connection with his use of the Carpeteria online shop and the processing of his personal data.rt.

2.4 By completing the online ordering process, the customer truthfully confirms that he/she has reached the age of 18.

2.5 An order represents an offer to the provider to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information required there and clicks the Buy button in the last step of the order.ckt.

2.6 The arrival of an online order is usually indicated to the customer by means of an automatically generated order confirmation from the provider to the e-mail address provided by the customer (see also Section 2.8). The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It only shows the customer that the order placed has arrived at the Carpeteria online shop and the contract with the provider has therefore been concluded subject to the condition of delivery availability and the correct price (see Section 2.1).ff. 2.1).

2.7 The purchase contract between the provider and the customer only comes about through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, namely before the contractual products are sent or before a shipping confirmation is sent by e-mail. It should be noted that the confirmation of receipt of the order does not constitute a declaration of acceptance in the aforementioned sense.t.

2.8 Our products can only be purchased from the Carpeteria online shop. Distance purchases of Carpeteria products that could be concluded in another way (e.g. by telephone, fax or e-mail) are excluded.

2.9 The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express written consent of the provider. This relates both to the number of products ordered as part of an order and to placing multiple orders for the same product, where the individual orders cover a normal household quantity.ssen.

 

§ 3 Prices and shipping costs

3.1 The prices in the Carpeteria online shop are given in Swiss francs (CHF) and include the VAT applicable in Switzerland.

3.2 The shipping costs are included for a shopping cart with an invoice amount of CHF 75.- (seventy-five Swiss francs) or more. If the invoice amount is less than CHF 75 (seventy-five Swiss francs), an additional shipping cost of CHF 8 (eight Swiss francs) will be charged. Deviating from this, the provider can charge individual shipping surcharges for special types of delivery (e.g. express delivery desired by the buyer) and for the nature of the item (e.g. transport of bulky custom-made products).­rechnen.

3.3 The provider reserves the right to change prices and shipping costs at any time. For customers, the prices and shipping costs published in the Carpeteria online shop on the order date apply..

3.4 If list prices should be available, the prices of the list price valid at the time of the order apply..

3.5 The conditions for promotions and discounts can be found under the relevant information in the Carpeteria online shop.

 

§ 4 Terms of Payment and Set-off

4.1 The final price must be paid in Swiss Francs (CHF).

4.2 At the request of the customer, payment in the Carpeteria online shop can be made in the following two ways:

  • Credit card
  • Twint

4.3 When paying by credit card or Twint, the customer expressly authorizes the provider to pay the amounts due immediately upon ordering, but at the latest before dispatchd to collect the partial deliveries or entire product deliveries.

4.4 If the debiting of the invoice amount is rejected by the credit card company or the Twint transaction (e.g. due to insufficient funds), the purchase contract is not concluded. The contractual products ordered remain the property of the provider and are not sent to the customer.

4.5 The customer can only offset payment claims from Coplax AG with recognized or legally established counterclaims.

 

§ 5 Delivery and service dates, default of acceptance

5.1 Delivery will be made to the address specified by the customer Delivery address in Switzerland or Liechtenstein . On the website contains information on the availability of products that are sold in the Carpeteria online shop (e.g. on the respective product detail page). The provider points out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.net ist.

5.2 If the provider determines during the processing of an order that the products ordered by the customer are not available, the customer will be informed of this separately by e-mail or by message in his customer account in the Carpeteria online shop.t.

5.3 If non-compliance with an agreed delivery or service date is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which the provider is not responsible, the delivery or service date will be postponed appropriately. If such an impediment to performance exists for more than 6 (six) months, the provider and/or the customer are entitled to withdraw from the contract.n.

5.4 If a delivery or service date is not specified in writing as binding, the provider shall be in default at the earliest upon a written request from the customer, which may not be made before the end of one month after the date in question.

5.5 In the event of non-compliance with a delivery or service date designated in writing as binding or in the event of non-compliance with the customer's request, the customer is entitled to set a reasonable grace period of at least 4 (four) additional weeks in writing with the declaration that he will withdraw from the contract after this period has expired will. After this period of grace has expired without result, the customer can withdraw from the contract with regard to the delivery or service that is in default, insofar as the supplier is responsible for the delay in delivery. If the provider is only in arrears with part of the delivery or service, the customer can only withdraw from the entire contract if partial fulfillment is of no interest to him. Other claims only exist within the framework of 10 (liability).ftung).

5.6 At the request of the provider, the customer is obliged to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in delivery or service and/or demanding damages instead of delivery or service in accordance with Section 5.7, or whether he is still demanding delivery or service wishes.t.

5.7 If delivery is impossible, the customer is entitled to demand compensation, unless the provider is not responsible for the impossibility. However, the customer's claim for damages is limited to 8% (eight percent) of the value of that part of the delivery or service that cannot be used appropriately due to the impossibility.n.

5.8 Default of Acceptance
If the delivery is delayed at the instigation of the customer (e.g. because the delivered contractual products do not fit through the front door, front door or stairwell of the customer or because the customer cannot be found at the delivery address specified by him, although the customer was informed of the delivery time within a reasonable period of time ), the contractual products are stored at the risk and expense of the customer and the invoice is due for payment. In addition, the customer bears the costs for the unsuccessful delivery.ung.

 

§ 6 Transport and transfer of risk

6.1 The transport takes place from the supplier's production facility or warehouse at the risk and expense of the customer, even if the supplier has commissioned the transporter. The same applies to any returns, without prejudice to the provisions of Section 10.5. The provider can determine the carrier if there are no specifications. The risk passes to the customer at the latest when the goods are handed over to the carrier.ber.

6.2 The customer must immediately check the delivered products for correctness, completeness and delivery damage..

6.3 If the customer receives the contractual products with obvious transport damage, the provider asks him to complain about this as soon as possible. In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.n.

6.4 Delivery damage, incorrect and incomplete deliveries are also for all products and services from Coplax AG within 5 (five) calendar days to report from the time of delivery.

6.5 If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.

 

§ 7 Retention of Title

Contractual products delivered to the customer remain the property of the provider until all claims of the provider from the contractual relationship with the customer existing at the time of delivery of the contractual products have been settled in full. Coplax AG is entitled to make a corresponding entry in the retention of title register. Before the transfer of ownership, the contractual products may not be pledged, assigned as security, processed or redesigned without the express consent of Coplax AG.lässig.

 

§ 8 Right of Withdrawal and Withdrawal

8.1 Policy, Order Change or Cancellation
Executed orders oblige the customer to accept the products and services. Coplax AG can accept subsequent changes or cancellations of orders by the customer at its own discretion and a compensation of 20% (twenty percent) of the canceled order value, but at least CHF 50.00 (fifty Swiss francs), as well as any loss in value of the canceled order Invoice products from the moment they are ordered. The customer's right of revocation and withdrawal remain unaffected (see section 8.2 et seq.)..).


8.2 Withdrawal
If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to his commercial or independent professional activity), he has the right within 14 (fourteen) daysn to revoke the purchase contract without giving reasons and without incurring any costs.
The cancellation period is 14 (fourteen) days from the day on which the customer or a third party designated by the customer who is not the carrier, the contract products (or the last products, a partial shipment or a piece in the case of a contract for several products of one a single order, or the delivery of products in several installments or pieces)..
In order to be able to exercise the right of withdrawal, the customer must inform the provider of his decision to withdraw from this contract in a timely manner by means of a clear statement (e.g. a letter sent by post, fax or e-mail). If the customer makes use of this option, the provider will immediately send the customer a confirmation (e.g. by email) of the receipt of such a revocation.


Vendor contact information

Coplax AG
Tram route 35
CH-6414 Oberarth (Switzerland)

Telephone: +41 (0)41 766 83 30
Fax: +41 (0)41 766 83 31

Email: info@carpeteria.ch


In order to comply with the cancellation period, it is sufficient for the customer to send the communication regarding the exercise of his right of cancellation before the cancellation period has expired and to have returned the contractual products within the defined period and at his own expense (see also under 9, Return of defect-free products).en»).


8.3 Consequences of revocation
If the contract is revoked by the customer, the provider has to pay all payments that it has received from the customer, including the delivery costs charged by the provider (with the exception of the additional costs resulting from the fact that the customer uses a different type of delivery than the chose the cheapest standard delivery offered by the Provider) immediately and at the latest within 14 (fourteen) days from the day on which the Provider received the notification of the cancellation of the contract. For this repayment, the provider uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged additional fees as part of the repayment.hnet.
The provider can refuse repayment until he has received the contractual products back or until the customer has provided proof that he has sent back the contractual products, whichever is earlier.t.
In the event of cancellation, the customer must return or hand over the contractual products to the provider immediately and in any case within the cancellation period (see 9 below).). 


8.4 Exceptions to the Right of Withdrawal
The right of cancellation does not exist or expires prematurely for the following contracts::

  • for the delivery of products that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer;
  • for the delivery of products that are not suitable for return for reasons of health protection or hygiene (especially if the carpets and mats show signs of wear and tear) and whose seal was removed after delivery;
  • in the case of services, if the provider has provided them in full and the customer has acknowledged and expressly agreed before placing the order that the provider can start providing the service and be the customer
  • loses the right of withdrawal upon complete fulfillment of the contract;
  • for the delivery of products if these were inseparably mixed with other goods after delivery due to their nature.. 

 

8.5 Withdrawal
If the customer does not receive the contractual products within 30 (thirty) days without giving a reason and no information about the delivery is provided, the customer is entitled to forgo the delivery and to withdraw from the purchase contract.n.
The provisions in Section 5.3 remain reserved. regarding non-compliance with an agreed delivery or service date.
If a customer withdraws from the purchase contract due to late delivery or remediable defects in the contractual products or other valid reasons for which the provider is responsible, the provider will reimburse the amounts already paid by the buyer as well as return costs.k.

 

§ 9 Return of Products free of defects

9.1 The contractual products are to be packed professionally with all accessories in the original packaging. Damaged or used products will not be taken back or will be charged in full to the customer.t.

9.2 The costs for returning the contractual products are borne by the customer

9.3 In the event of the return of the contractual products, the buyer is only liable for any loss in value of the products if this loss in value is due to handling by the customer that is not necessary to check the nature, properties and functioning of the contractual products.t.

 

§ 10 Warranty, Defects, Liability 

10.1 Warranty
The provider guarantees for a period of 24 (twenty-four) months that the contractual products have the promised properties, are free from defects that affect their value or their suitability for the intended use and correspond to the prescribed performance and specifications.en.


10.2 Defects
The buyer must check the delivered contractual products as quickly as possible and report any defects immediately. Recognizable defects must be reported to the provider within 5 (five) working days of delivery. Hidden defects can also be reported after the products have been put into operation or used, but at the latest within 5 (five) working days of their discovery. The making of payments does not constitute a waiver of a notice of defects. The contact details of the provider are listed under Section 8.2..


10.3If there is a defect, the customer must always give the provider the opportunity to remedy the defect within a reasonable period of time. Subsequent fulfillment by the provider (e.g. free repairs or replacement delivery) takes place without acknowledgment of the legal obligation.t.


10.4 If the supplementary performance fails within a reasonable grace period set by the customer, the customer is entitled, without prejudice to any claims for damages, to demand a deduction from the price corresponding to the reduced value or to withdraw from the contract.ten.


10.5 If the examination of a notice of defects shows that there is no defect, the provider will charge the costs of the examination and, if necessary, repair at the currently valid cost rates of Coplax AG; in this case, the costs for sending the contractual product complained about will not be reimbursed and the return will be at the expense and risk of the customer.s. 


10.6 Disclaimer
Liability is based on the applicable legal provisions in Switzerland. However, the provider is in no case liable for (i) slight negligence, (ii) indirect and indirect damage and consequential damage and lost profit, (iii) unrealized savings, (iv) damage from delay in delivery and (v) any acts and omissions of the employees by Coplax AG or its vicarious agents, be it contractual or non-contractual.ch.
The following material defect claims of the customer are excluded from the provider for:

  • improper, non-contractual or illegal storage, adjustment orUse of the contractual products;
  • improper changes made to the contractual products by the customer or third parties and the resulting consequences;
  • neglected maintenance or care and/or improper modification or repair of the contractual products by the customer or a third party;;
  • Illustrations in the Carpeteria online shop, development and/or color samples, prototypes and pre-series deliveries;
  • only insignificant deviations from the agreed quality, color or sample representation (e.g. in the Carpeteria online shop), or in the product data sheet;
  • only insignificant impairment of usability;
  • Damage occurring after the transfer of risk as a result of external influences such as fire, water, voltage fluctuations or the like, improper installation, operation, use or maintenance, use outside of the areas of application and environmental conditions expressly specified by the provider and use in combination with other products not approved for this purpose by the provider , excessive use or normal wear and tear;
  • insofar as the customer does not notify the provider of recognizable defects within 5 (five) working days of delivery, and non-recognizable defects within 5 (five) working days of discovery.t.
10.7All further provisions, in particular statutory provisions on warranty, are excluded.

 

§ 11 Privacy and data security

11.1Personal data that is required for the purpose of contract processing, collected or made accessible to Coplax AG, its contractual partners, their bodies, employees and other auxiliary persons, are processed in accordance with the rules of the applicable Swiss provisions on data protection and data security.et.

11.2The data protection declaration and the terms of use of Coplax AG apply as part of all legal relationships between the customer and the provider (especially in connection with purchase contracts and the use of the Carpeteria online shop).).

11.3 The data protection declaration of Coplax AG explains in detail the legal protection of personal data and the modalities of technical data security. The exclusions of liability for users of the Carpeteria online shop are set out in the terms of use.

11.4 Coplax AG can adjust both the current data protection declaration and the terms of use for its Carpeteria online shop at any time and without prior notice.n.

 

§ 12 Final Provisions

12.1 Oral ancillary agreements have not been made; Additions and changes to these General Terms and Conditions (GTC), a contract that has already been concluded that is part of these General Terms and Conditions of Coplax AG or other changes that affect the business relationship must be in writing. This also applies to any waiver of this written form requirement.nis.

12.2 If Coplax AG does not exercise a right from a concluded contract or the General Terms and Conditions that are part of the contract, this does not mean that the future assertion of this right is waived..

12.3 The assignment of rights and claims, with the exception of the assignment of payment claims (see in particular Sections 4.3, 4.5 and 7), requires the prior written consent of the contractual partner.tners.

12.4 Even if these General Terms and Conditions along with the German version can be accessed in the English version on the Carpeteria online shop, it can be assumed that they were drawn up by Swiss lawyers against a Swiss economic and legal background. Should a provision of the General Terms and Conditions or a contract require interpretation, the intended German meaning is decisive.bend.

12.5 Should a provision of these General Terms and Conditions or part of a provision be or become invalid, the remaining provisions or the remaining part of the provision shall remain in effect..

12.6 All legal relationships between Coplax AG, its customers and users of the Carpeteria online shop are subject to substantive Swiss law.

12.7 For all disputes arising from contracts concluded on the basis of these General Terms and Conditions, Zug (Switzerland) is agreed as the place of jurisdiction. However, Coplax AG remains entitled to initiate legal proceedings at the customer's registered office.t.

 

February 2021 version

Subject to change

 

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