Terms of Use
1. Scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop www.electricjuice.ch and www.electricjuice.net (hereinafter referred to individually as "online shop"). Both online shops are operated by Electric Juice GmbH (hereinafter referred to as "Electric Juice").
Electric Juice reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online shop, (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
Products are available for as long as they can be found in the online shop and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18. By purchasing on our website, the customer confirms that he/she has reached the age of 18. Expenses for returns, etc. which arise from a wrong indication of the date of birth are completely at the expense of the customer or his legal representative.
Large orders exceeding a standard amount may be refused without reason.
2. Information
2.1 Product and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
All prices quoted are NET, in Swiss Francs, include value added tax (VAT) and, where applicable, include, packaging costs. Minimum order amount is 10 CHF.
Any additional cost to the customer caused by country customs control, extra holding days by postal services, taxation or border control are not the responsibility of Electric Juice and the customer shall make no claim to Electric Juice to cover any of these costs.
Electric Juice reserves the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
2.2 Availability and delivery times
Electric Juice is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for Electric Juice. Therefore, all information on availability and delivery times is subject to change.
3. Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from Electric Juice shall be deemed concluded with Electric Juice as soon as an order has been placed by the customer in the online shop, by telephone or e-mail (hereinafter referred to as “contract”).
Customers are informed of their order placement by means of an automatically generated order confirmation by Electric Juice, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Electric Juice.
Electric Juice does not permit the resale of products unless a wholesale agreement has been made.
4. Delivery date
Once the order has been shipped, the customer is provided with a confirmation notification. For large orders the customer may be contacted directly so that an individual delivery date can be arranged.
If delivery by Electric Juice is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Electric Juice will refund the customer any amount paid in advance. No further claims towards Electric Juice apply.
5. Delivery
Products and services purchased from Electric Juice can only be shipped to a customer and cannot be collected.
The delivery address in Switzerland or Liechtenstein must be easily accessible by Swiss Post or other postal courier services used by Electric Juice. Should this not be the case, the customer shall bear any consequential costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Electric Juice may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
6. Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform Electric Juice of any defects, or false or incomplete deliveries, immediately after receipt of the delivery at the latest. The customer is aware that this information needs to be given via email to info@electricjuice.ch or through our contact form located at this url: https://electricjuice.net/contact-us.
Hidden defects can still be claimed even after commissioning or use of the goods. The making of payments shall not be deemed to be a waiver of a notice of defects.
7. Warranty
7.1 Basic provisions
Electric Juice shall provide warranty for defected products either by:
Providing a full replacement with an equivalent product
Providing a refund at current price (no more than the sales price at the time of the original order); or
Giving a price reduction.
8. Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Electric Juice be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Electric Juice, be this contractual or non-contractual.
Moreover, Electric Juice will not accept any liability in the following cases:
Storage, setting or use of products that is improper, unlawful or contrary to contract;
Use of incompatible spare parts or accessories;
Failure to maintain and/or improper modification or repair of the products;
Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Electric Juice or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services.
9. Payment
9.1 Payment methods
Payment must be made in Swiss Francs.
Payment is possible in the following ways at the request of the customer:
Payment by invoice. The invoice will be enclosed with the shipment of the goods. In this case, the payment period is 10 days after receipt of the invoice.
Payment by PayPal. PayPal accepts all major credit cards.
Payment by instant bank transfer.
When paying by credit card or other instant payment methods, the amount is debited at the time of order.
9.2 Delay of payment
In case of late payment Electric Juice will send a maximum of two reminders. For the second reminder a fee of CHF 7 will be charged. If the customer does not pay even after the second reminder, debt enforcement measures will be initiated. The costs incurred in this context will be borne by the debtor. In addition, default interest of 5 percent will be charged for late payment. The right to claim damages is reserved.
9.3 Reservation of ownership
All ordered products remain the property of Electric Juice until payment is received in full. Electric is entitled to make an entry in the register for reservation of ownership. Without the express consent of Electric Juice, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
10. Data privacy protection
The privacy statement located at https://electricjuice.net/privacy is an integral part of these GTC. By accepting these GTC, customers also agree to the privacy statement.
10.1 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.
11. Changes
These General Terms and Conditions can be changed by Electric Juice at any time.
For the customers, the version of the General Terms and Conditions which is in force at the time of the conclusion of the contract is generally applicable. Unless the customer has agreed to a newer version of the GTC.
12. Severability clause
Should a provision of this contract or an enclosure of this contract be or become invalid, the validity of the contract as a whole shall not be affected. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.
13. Application of law and place of jurisdiction
All legal relations between Electric Juice and its customers shall be governed by Swiss law, in particular the provisions of the Swiss Code of Obligations (OR).
For any claims resulting from purchase contracts in which one party is Electric Juice: For claims by consumers, the place of jurisdiction that applies is Zurich or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Zurich.
All rights to these GTC, particularly copyrights, are reserved by Electric Juice. All reproduction, distribution or other use is prohibited except with written permission from Electric Juice. In the event of breach of this requirement, Electric Juice reserves the right to take legal action.
August 2020