GTCs
General Terms and Conditions of cool down ag
1. Scope of application
These terms and conditions (hereinafter «GTC») govern the relationship between cool down ag (CHE-102.191.590) (hereinafter «cool down») and its customers.
Unless cool down and the customer have agreed otherwise within the framework of an individual agreement, the sale of cool down products is exclusively based on these GTC.
The customer recognizes the GTC in the version valid at the time of the conclusion of the contract or the use of services of cool down. cool down reserves the right to adapt these GTC to changed circumstances at any time. The currently valid GTC can be downloaded at [www.cool-down.swiss/en/gtc/].
The GTC are based exclusively on substantive Swiss law and apply within Switzerland. Amendments and subsidiary agreements are only effective if they are confirmed in writing by cool down.
If a contract is concluded and the customer also submits GTC, the matching points shall apply. If individual written agreements contradict these GTC in individual cases, the individual written agreements shall take precedence. If these GTC contradict the customer’s general terms and conditions, the GTC of cool down shall take precedence over the customer’s GTC. Deviating provisions in the GTC of the customer or third parties are only binding if they have been expressly accepted by cool down in writing. Silence on the part of cool down regarding the general terms and conditions of the customer shall in no case be considered as recognition or consent to the customer’s general terms and conditions.
These GTC apply as soon as they have become part of the contract with the customer. This is the case if the GTC are expressly designated as an integral part of the contract, but also if cool down refers to the GTC, whether by enclosing them with or printing them on offers, order confirmations and invoices. The global acceptance in the context of orders via the web store is also deemed to be an express and complete declaration of consent.
2. Offer from cool down
cool down sells various products related to cooling the body.
Some of the products sold by cool down are considered products that fall within the scope of the Swiss Therapeutic Products Act (Schweizerischen Heilmittelgesetz (HMG)) of December 15, 2000 (TPA). Where necessary, the products have been approved by the competent authority.
cool down provides a description of the product for each of its products, whereby cool down endeavors to ensure that the descriptions are correct and complete. The customer expressly acknowledges that cool down assumes no liability for the accuracy, timeliness and completeness of the product descriptions and product images. In case of doubt about the correctness, the customer can contact cool down at any time via the contact form or by e-mail.
The cool down products are to be used exclusively in accordance with the instructions for use on the products.
3. Ordering and concluding contracts via the web store in particular
The offers of cool down are non-binding and subject to change, unless otherwise stated in the offer.
A contract with cool down is considered concluded at the time of the express order confirmation/declaration of acceptance by cool down. The customer is responsible for the accuracy of the information provided in his order. Silence on the part of cool down in response to a counter-offer by the customer shall under no circumstances be deemed a declaration of acceptance.
As long as the contract has not been concluded, all documents submitted with the offer remain the property of cool down. The use and/or utilization by the customer is not permitted. If the customer has provided cool down with documents or similar for the preparation of the offer, cool down is free to use the documents, regardless of whether a contract is concluded or not.
4. Ordering and concluding contracts via the web store in particular
The presentation of the products, including their prices, in the cool down web store is neither an offer nor a guarantee of product availability. Rather, the products listed in the cool down web store are a non-binding online catalog.
The customer is responsible for the accuracy of the information provided when placing the order. cool down will – without checking the information again – send the order to the address specified by the customer. Any additional costs resulting from incomplete or incorrect information or subsequent changes to the order by the customer shall be borne in full by the customer.
By completing the product order process (i.e. by clicking the “Order for a fee” button and globally accepting the General Terms and Conditions and the Privacy Policy), the customer submits a binding offer to cool down for 30 working days. The offer is only considered accepted when an electronic order and acceptance confirmation is sent to the customer’s e-mail address. The customer acknowledges that he will receive a confirmation shortly after sending his offer that his offer has been received. This confirmation of receipt of the offer does not constitute acceptance. Once the order and acceptance confirmation has been sent, the customer’s offer is deemed to have been accepted and the purchase contract concluded.
5. Shipping and liability for transport damage
The ordered products are dispatched according to product availability (usually within 5 working days after dispatch of the order and acceptance confirmation) and usually ex warehouse or ex works.
Specified delivery dates or delivery periods shall be regarded as guidelines and not as binding delivery dates.
The benefit and risk of the delivery are transferred to the customer when the package is handed over to the logistics service provider (Ex Works according to Incoterms 2020). Accordingly, it is agreed that cool down assumes no warranty or liability in connection with product transportation. If damage occurs during transport or if the properly shipped product does not arrive at the place of delivery, the customer must therefore contact the logistics company directly.
6. Prices
Unless otherwise agreed in the contract, all prices quoted are in CHF and include the applicable VAT. Technical errors, mistakes and printing errors are reserved. cool down reserves the right to adjust prices at any time and without prior notice.
cool down may charge an additional fee for the shipping and packaging of the ordered products. The exact amount of the shipping costs will be specified when the order is placed – ultimately bindingly in the order and acceptance confirmation. At its own discretion, cool down waives the right to charge shipping costs from a certain order quantity.
7. Terms of payment
Unless otherwise agreed in the contract, invoices from cool down are due and payable within 10 days of the invoice date, without any deductions. The customer acknowledges that an advance payment is required for shipments abroad (i.e. shipments outside of Switzerland).
If the payment deadline is not met, the customer shall be in default without a reminder and shall owe default interest of 5% p.a.
If the customer is in arrears with a payment and cool down has not yet delivered the order or has not yet delivered it in full, cool down is entitled to withhold delivery until all payments due have been settled by the customer.
8. Obligation to report
The customer undertakes to report all undesirable, serious or unusual incidents to cool down immediately. If useful, the customer must – after consultation with cool down – document the incident and, if necessary, send the product to cool down.
If the customer acts as a reseller of the products, he undertakes to notify cool down immediately of any complaints made by his customers about cool down products. The reselling customer shall make every reasonable effort to reclaim from the complaining customer in order to forward it to cool down. Any expenses shall be borne by the customer.
9. Retention of title
The products remain the property of cool down until full payment or full settlement of all claims from an ongoing business relationship by the customer. cool down is entitled to have its retention of title entered in the relevant retention of title register.
10. Right of return
There is no entitlement to the return of unused and packaged products. Exceptions to this are regulated conclusively in sections 10 and 11.
11. Liability
cool down is liable to the customer for damages caused to the customer by intentional or grossly negligent acts of cool down.
Any further liability is excluded to the extent permitted by law. Liability for auxiliary persons of cool down as well as liability for loss of profit, indirect damage, punitive damage or other consequential damage is expressly excluded.
12. Warranty
cool down undertakes to deliver the products in the condition specified in the contract. This means that cool down delivers the products free of manufacturing and material defects. Only that which has been designated as such on the package inserts and instructions for use is deemed to be warranted.
The contractual condition is guaranteed until the expiry date stated on the products at the latest.
The customer shall check immediately after delivery whether the delivered product has any defects. Recognizable or obvious defects must be reported within 5 calendar days of delivery at the latest, hidden defects within 5 calendar days of discovery, cool down by registered letter. The notification must be substantiated and a photo must be enclosed which clearly shows the defect.
Upon expiry of the aforementioned complaint periods, the delivery shall be deemed to have been approved in full.
In the event of a justified complaint, the customer can either demand the reduced value or a replacement delivery/rework. In the case of the latter, the customer may return the defective product at cool down’s expense, whereby it is at cool down’s discretion whether a replacement product is to be delivered or the defect in the defective product is to be rectified. Rescission is excluded. The original packaging must also be returned. Insignificant defects (aesthetic defects, defects in the packaging which have no effect on usability, etc.) only entitle the customer to claim a reduction in value.
13. Statute of limitations
Any liability and warranty claims shall expire at the latest 24 months after delivery.
14. Privacy policy
cool down handles customer data in accordance with the mandatory legal provisions. Further information on data protection can be found in the applicable privacy policy, which can be accessed at [www.cool-down.swiss/en/privacypolicy/].
15. Final provisions
In the event of a legal dispute, the courts at the registered office of cool down shall have exclusive jurisdiction. These general terms and conditions are subject to Swiss law to the exclusion of any conflict of laws rules and the Vienna Sales Convention.
The customer is only entitled to offset counterclaims if these have been legally established or if cool down has confirmed them in writing.
Should one of the provisions of this contract be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes.
01.11.2023