Terms and Conditions

General Terms and Conditions for the Online Shop www.diefliesengalerie.ch

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract

The purchase contract is concluded with Die Fliesen Galerie Gashi.

The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process.

By clicking the order button, you submit a binding order for the goods contained in the shopping cart. The confirmation of the receipt of your order will be sent by e-mail immediately after the order is sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation in a separate e-mail or by delivering the goods within 2 days.

If the ordered goods are not available because we are not supplied with this product by our supplier through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of comparable goods. If no comparable goods are available or you do not wish to receive comparable goods, we will immediately refund any services already rendered.

Drawings, illustrations, dimensions, weights or other data in our online shop are non-binding, unless otherwise expressly stated by us.

3. Delivery Conditions

In addition to the stated product prices, shipping costs are added. You can find more information about the amount of shipping costs in the offers.

3.1 Delivery of Goods

Goods are regularly delivered by shipping and to the delivery address provided by the customer. When processing the transaction, the delivery address specified in the seller's purchase process is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the customer with PayPal at the time of payment is decisive.

3.2 Freight Forwarder Delivery

For goods delivered by freight forwarder, delivery is "curbside", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

3.3 Return

If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him a reasonable time in advance.

3.4 Self-Collection

In the case of self-collection, the seller will first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods after arrangement with the seller at the seller's registered office. In this case, no shipping costs will be charged.

You generally have the option of picking up at Die Fliesen Galerie Gashi, Breitestrasse 56b, 5734 Reinach, Switzerland during the following business hours: Monday to Friday from 09:00 to 19:30. You can only pay here with EC card and PIN.

Note: We do not deliver to packing stations.

4. Payment

The following payment methods are available in our shop:

Prepayment

If you choose the prepayment payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

Credit Card

Your credit card will be charged upon completion of the order.

PayPal

You pay the invoice amount via the online provider PayPal. You must generally be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.

Twint

You pay the invoice amount via the online provider Twint. You must generally be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.

SOFORT Überweisung (Instant Transfer)

We also offer SOFORT Überweisung. We receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN.

Via the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT Überweisung automatically and in real time sets up a transfer in your online bank account. The purchase amount is transferred directly to the merchant's bank account.

If you select the SOFORT Überweisung payment method, a pre-filled form will open at the end of the ordering process. This already contains our bank details. In addition, the transfer amount and the purpose of the payment are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as when logging into online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards you will receive confirmation of the transaction.

In principle, any internet user can use SOFORT Überweisung as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that SOFORT Überweisung is not yet available at a few banks. You can find more information on whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

5. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

6. Default of Acceptance

If the customer defaults on acceptance, fails to cooperate, or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses.

7. Retention of Title

The goods remain our property until full payment has been made.

For Entrepreneurs

We reserve ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - in the amount of the invoice, and we accept this assignment.

You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport Damages

8.1 Support in Case of Damage

The customer will assist Die Fliesen Galerie Gashi to the best of their ability in the event of transport damage or loss in asserting claims against the respective transport company or transport insurance.

8.2 Notification Obligation

Transport damage or loss must be reported by the customer to Die Fliesen Galerie Gashi within five days of delivery or to the transport company within seven days of delivery.

9. Warranty and Guarantees

The statutory liability for defects applies. Installation and removal costs incurred due to the laying of faulty material are generally excluded from liability by Die Fliesen Galerie Gashi.

Information on any additional applicable guarantees and their exact conditions can be found with the respective product and on special information pages in the shop.

9.1 Liability for Different Batch Numbers

Who is liable if different batch numbers are purchased and installed?

We try to ensure that we supply you with tiles from only one batch number to avoid possible problems.

However, the customer or the installer is responsible for checking. You must check for yourself whether the tiles you have purchased come from the same batch or not. If you lay tiles without paying attention to this beforehand, a subsequent complaint is no longer possible. A note on this can also be found on most tile cartons.

Important: Therefore, always check before laying whether all your tiles come from the same batch.

10. Final Provisions

If you are an entrepreneur, Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.