GENERALTERMS AND CONDITIONS
Status, 01 November 2021, Zurich
1. INFORMATION ON THE COMPANY
Thesegeneral conditions of sale (the "GENERAL CONDITIONS OF SALE") are the general conditions of sale of AIRYA GmbH, Huebwiesenstrasse 14, 8155 Niederhasli, Switzerland CH, e-mail: email@example.com.
TheGENERAL TERMS AND CONDITIONS OF SALE apply to all online sales concluded byAIRYA of products offered for sale to end users on the AIRYA website www.airyagaming.com (the "WEBSITE"), to the exclusion of all other terms and conditions, including but not limited to those applicable in retail outlets. The GENERAL TERMS AND CONDITIONS OF SALE applicable at the time the order is placed shall govern the respective purchase contract. The customer should read these GENERAL TERMS AND CONDITIONS OF SALE carefully before placing an order with AIRYA. The TERMS and CONDITIONS inform the customer about who AIRYA is, how AIRYA supplies products to the customer, how the customer and AIRYA can change or terminate the contract, what to do in the event of a problem, and other important information. If the customer believes that thereis an error in these GENERAL TERMS OF SALE, the customer is requested to contact AIRYA for clarification. General terms and conditions deviating from this are only effective if the parties have agreed on them. AIRYA reserves the right to modify the GENERAL TERMS AND CONDITIONS OF SALE at anytime; the modified general terms and conditions of sale shall apply to all offers or orders placed after the effective date of the modification inquestion. The current GENERAL TERMS AND CONDITIONS OF SALE can be consulted at any time onthe WEBSITE. Unless otherwise proven, the information recorded on the WEBSITE constitutes evidence of all transactions entered into between AIRYA and its customers with respectto sales made through the WEBSITE. The WEBSITE is displayed in German and optionally in English.
3. ORDER PROCESS
3.1 Product selection All orders placed through AIRYA's online shop must be placed exclusively on the WEBSITE. The customer selects the products by clicking on the button "Order online/Add to shopping cart" and continues the navigation by clicking on the button "Continue shopping". The customer can view the selected products in his shopping cart at any time by clicking on the button "See details/Myshopping cart" and find out about the payment options offered by AIRYA aswell as the shipping costs and delivery times.
3.3 Final order confirmation At the end of the ordering process, the customer accepts the "GENERAL TERMS ANDCONDITIONS OF SALE" by clicking on the corresponding field and finally confirms his order by clicking on the "Proceed to payment" button. After confirming the customer's order and his willingness to pay, AIRYA will send the customer an electronic order confirmation. The purchase contract isthen finally concluded. The terms and conditions applicable to an orderare subject to change until AIRYA confirms the order. Any changes to an order made by the customer after AIRYA has changed its prices will automatically result in the new prices being applied. AIRYA reserves the right to refuse orders. In such cases, the customer will be sent an email to the email address provided by the customer instead of the order confirmation.
4. RIGHTOF WITHDRAWAL
4.1 Right of withdrawal and withdrawal period TheSatisfaction Guarantee offered by AIRYA allows the customer to cancel the purchase contract within fourteen (14) days* ("CANCELLATION PERIOD") of receipt of the product without giving any reason or paying any fee or cost (other than the fees and costs referred to in these terms 5. RETURNS ANDREFUNDS). AIRYAS right to claim damages is not limited by this clause. * no returns are possible for personalised AIRYA products If an order includes several products to be delivered separately, the RESCISSION PERIOD for all products of this order begins on the day of receipt of the last product.
4.2 Conditions for exercisingthe right of withdrawal To exercise his right of withdrawal, the customer must notify AIRYA of hisintention to withdraw before the expiry of the applicable WITHDRAWAL PERIOD. For this purpose, he can use the following procedure: - Transmissionof an unambiguous declaration, in which the customer clearly expresses his intention to withdraw, by e-mail to firstname.lastname@example.org. For information on the conditions of withdrawal, the customer can contact AIRYAcustomer service by e-mail to the e-mail address email@example.com.
5. RETURN AND REFUND The customer has a further fourteen (14) days from the date of notifying AIRYA of their intention to cancel to contact customer services regarding their product return, by email: firstname.lastname@example.org. For are fund to be given, the products must in all cases be in such condition and asproperly packaged as can reasonably be expected having regard to the fact that the customer is only entitled to inspect the product to the extent that they would have been able to do so if they had purchased it in a retail store, and must be accompanied by the purchase invoice or, in the case of a partialreturn, a copy of the purchase invoice. AIRYA reserves the right to reduce the amount of the refund if the serial number is missing as a result of a circumstance the cause of which is within the customer's control and which was not caused by an inspection of the product in the way that could have been donein a retail store. Customized products with own customer logos or customer names cannot be returned. Unless AIRYA can raise a legally justified objection, AIRYA will refund to the customer the total amount paid for the returned products, excluding shipping costs (based on the standard shipping method offered by AIRYA), using the same method of payment used by the customer for its payment, without undue delay andin any event no later than twenty-one (21) days after AIRYA's receipt of the notice of withdrawal. AIRYA will not refund any additional costs incurred as a result of the customer choosing amore expensive shipping method than the standard shipping method offered by AIRYA and specified as such in the order process.
6. VOUCHERCODES Coupon codes are only valid for online orders placed on this website. Airya reserves the right to refuse any order if, in Airya's sole discretion, the voucher code is invalid for that particular order. Voucher codes are only validfor certain products and only while stocks last. Only one voucher code can beused per order. Coupon codes are not valid inconjunction with any other offer. In the event of a product return, the cash amount of the original purchase will be refunded after deducting the promotional discount, less any shipping, giftwrapping or gift card fees charged as part of the original order. If part ofthe order is returned, the value of the promotional discount applied to that order will be applied proportionally to the goods. The customer will receive arefund of the cash amount in excess of this value, less any shipping, giftwrapping or gift card costs charged as part of the original order.
7. PRICES Theproducts will be invoiced to the customer at the prices and in the currencyindicated on the WEBSITE and agreed in the purchase contract. Unlessotherwise expressly stated by AIRYA in writing at the time of finalconfirmation of the order, prices include standard taxes and packaging costsbut do not include shipping costs, and AIRYA reserves the right to choose themeans of transport. If acustomer wishes the products to be delivered by a specific means of transport,the transport costs shall be subject to a separate contract and invoice, without reducing the prices of the products.
8. AVAILABILITY OF PRODUCTS The products and prices offered are valid as long as they are displayed on the WEBSITE and while stocks last. Errors and changes may occur exceptionally. In case of lack of availability of a product after placing an order, the customer will be informed by e-mail (or by mail info e-mail address is available) about the lack of availability of theproduct(s) as well as about the delivery of a partial order or the cancellation of the order. In the event of total or partial cancellation of the order due to unavailability of aProduct, the Customer's bank account will not be debited with the amount corresponding to the unavailable Products. If the account has already been debited, the amount paid for the unavailable products will be refunded to the Customer within thirty (30) days.
1) The products purchased on the WEBSITE are delivered to most countries in the world. They are delivered to the address provided when placing the order. The customeris responsible for the accuracy of the information provided by him/her when placing the order. If the recipient's contact details (in particular surname, first name, street name and number, postcode, city name, telephone number oremail address) are incorrect, AIRYA can only be held liable for the impossibility of delivering the order if AIRYA is at fault for this impossibility. Delivery will be made by the respective local post office on the standard shippingmethod. The prices for the delivery will be indicated accordingly during the checkout process on the website, before the payment.
2) AIRYA only guarantees delivery from Switzerland to the destination country when specifying the delivery days. AIRYA has no influence on the customs processes of the respective country and therefore cannot exclude a delay in the destination country. If the goods get stuck in customs, the customer should contact customs and discuss why the goods will not be delivered. Usually, the customer is asked to confirm the delivery or customs duties still have to be paid.
10. TRANSPORT - RECEPTION - STOCK It is up to the customer to check the conformity of the products and the condition of their packaging upon delivery and to assert any claims for compensation against the supplier. In the event of damage to a product, the customer must: Note this on the delivery note; Send a registered letter with the receipt to the supplier within a maximum period ofthree (3) days after delivery; At the same time, send a copy of this letter and the delivery note to AIRYA at the following address:email@example.com. AIRYA will not respond to any complaint where this procedure has not been followed.
11. PRODUCT CONFORMITY AIRYA undertakes to replace products that do not conform to the order or to refundthe purchase price concerned. The customer will notify AIRYA of any apparent non-conformities and return the product(s) to AIRYA and AIRYA will either replace the product(s) or refund the purchase price as agreed in the relevant case. AIRYA will not take back any incomplete, soiled or extensively damaged product(s). Under no circumstances can a return, replacement or refund of the purchase price be requested and/or made at the retail stores.
12. PAYMENT OPTIONS Payment for the products is made online by credit card (Visa, Mastercard, American Express) or Paypal. The customer first decides on a means of payment of his choice.Alternatively, payment can also be made by bank transfer (prepayment).
1. payment with credit card
For payment by credit card, after choosing the type of credit card, the customermust enter his credit card number, the expiration date indicated on it and thelast three digits on the back of the card. Airya will request payment from thebank that issued the credit card designated for payment immediately afteracceptance of the order. Any delay in payment allows AIRYA to block the deliveries. The goods ordered will be dispatched within a reasonable period of time afterreceipt of payment by the billing department in accordance with Article 8 of the GENERAL TERMS AND CONDITIONS OF SALE.
13. DISCLOSURE OF PERSONAL DATA Payments made on the WEBSITE by credit card are processed by Stripe Inc. San Francisco,a secure payment company. To confirm the transaction, the customer must agreeto the transmission and storage of his financial data, name, address and anyother information required by the secure payment company, Stripe. Furthermore,in connection with your order, we hereby inform you that, in addition to the processing of payment transactions of the "card not present" type, wealso use the "Fraud Expert" solution. Your personal data is processedby Stripe as the data controller for the purpose of preventing and combatingfraud (identification of risk levels associated with transactions, identification and management of resulting alerts, notification of merchants toenable them to make decisions, "human" checks of transactions with a certain risk level, modelling of the assessment). The collection of certain of your personal data is indispensable for this purpose. Without this information, your transaction may be delayed or made impossible and your order may be cancelled. The data is intended for the authorized departments of the Stripe companies involved inthis data processing and for the merchant, as well as for all third partieswhose involvement is necessary for the smooth operation of the payment processand the functioning of the services offered. A furtherclause is only applicable in cases where the trader is based outside the EU /European Economic Area and in a country that does not offer an adequate levelof protection. With your order you agree with the passing on ofyour personal data for the aforementioned purpose.
14 TRANSFER OF RISK Airya shall retain title to all products delivered until full payment of the amountowed for the product in question and receipt there of by Airya. The risks associated with the products shall pass to the customer upon delivery of theproducts or default of acceptance. In the event of non-payment, Airya reserves theright to claim ownership of the product in question.
15. RIGHTS OF THE CUSTOMER
15.1 Legal warranty of conformity AIRYA warrants that the products will conform to the order and be free from defects.Warranty claims from customers should be addressed to AIRYA. AIRYAgives a warranty to the customer in the event of non-conformity of the productsold in accordance with Swiss substantive law; the UN Convention on Contractsfor the International Sale of Goods is excluded. Thewarranty rights shall apply irrespective of the commercial warranty, if any, granted in accordance with Clause 14.2 of these GENERAL TERMS AND CONDITIONS OFSALE and the terms and conditions of the relevant warranty card.
15.2 Commercial guarantee Without prejudice to the aforementioned statutory warranty rights, the customer shallalso benefit from the commercial warranty that applies in accordance with theterms and conditions of the warranty card enclosed with the product. This warranty card does not cover damage caused by incorrect handling of the productand, in general, by unsuitable, improper or inappropriate use of the product.Damage due to maintenance or disassembly by a person not authorized by AIRYA,or due to modification or alteration of the product, as well as damage due toinadequate packaging of the product upon return or due to an accident, are also excluded. Thiswarranty automatically becomes invalid if the label with the product's serialnumber has been removed or made unrecognizable. In order to benefit from the commercial guarantee on the products, it is essential that the customer keepsthe purchase invoice for the product. Forcomplete information on commercial warranties granted to customers, pleaserefer to the WARRANTY FOR AIRYA PRODUCTS.
16. LIABILITY OF AIRYA
16.1 Product conformity with applicable law The products offered comply with the applicable Swiss law and the regulations in force in Switzerland.
16.2 Extent of AIRYA's liability AIRYA's liability for damages is generally excluded.This does not apply to the following cases: a. Loss or damage based on the breach of an essential contractual obligation. An essential contractual obligation exists in particular if its fulfilment makes the properexecution of the contract possible in the first place and on the observance ofwhich the contracting partner regularly relies and may rely, such as, forexample, the delivery of a defect-free product. In this case, however, AIRYA's liability is limited to compensation for foreseeable, typically occurring lossor damage; b. Loss or damage caused by a breach of warrantyor any guarantee given by AIRYA; c. Loss ordamage caused by an intentional or grossly negligent breach of duty by AIRYA ora legal representative or vicarious agent of AIRYA; d. Loss ordamage arising from injury to life, limb or health caused by an intentional or negligent breach of duty by AIRYA or a legal representative or vicarious agentof AIRYA; e. Claims based on mandatory legal liability, in particular based on the Federal Product Liability Act (Produkthaftpflichtgesetz PrHG). This provision does not affect the statutory allocation of the burden of proof. The images published on the WEBSITE are for the sole purpose of illustrating the products. Although AIRYA endeavours to reproduce the colours as faithfully as possible, it cannot guarantee that the colours shown correspond to the actual colours of the goods. A product purchased by the customer may therefore differ slightly from the illustrations. The packaging of a product may differ from that shown in the illustrations on the WEBSITE. The customer can visualize the details of eachproduct through the detailed descriptions. AIRYA is only liable for the content of those websites which have been edited by AIRYA itself. AIRYA is not liable for loss of profit. The goods offered by AIRYA are exclusively for domestic and private use. Should the customer use the goods for commercial purposes or for resale, AIRYA shall not be liable to the customer for any loss of profit, loss of revenue, business interruption or lost opportunity. The total or partial inability to use the products for reasons beyond AIRYA's control, in particular due to use within compatible equipment, shall not give rise to any claim for compensation,refund or liability on the part of AIRYA.
16.3 Force majeure AIRYA shall not be liable in the event ofnon-performance of the contract due to an unfore seeable event beyond its control, disruption or total or partial strike, in particular in the transportand/or communications sector, fire or flood.
18. PERSONAL DATA AIRYA complies with all data protection regulations in force in Switzerland. For complete information regarding the customer's personal data, please refer tothe AIRYA DATA PROTECTION REGULATIONS. The WEBSITE is designed to pay particular attention to the needs of customers. For this reason in particular, cookies are used; for more information, please referto the AIRYA DATA & POLICY.
19. ARCHIVING OF CONTRACTS AIRYA undertakes to keep purchase contracts for a period of ten (10) years. Customers can access such a contract with a request via email to: firstname.lastname@example.org.
20 EXTERNAL LINKS The WEBSITE may contain external hyperlinks that redirect the customer to otherwebsites. AIRYA makes no representations whats over about any websites to which customers may have access through the WEBSITE and shall in no event be liablefor their content, operation, the services offered thereon or access to suchwebsites. AIRYA mayallow other companies to display advertisements on its websites. Thesecompanies may install cookies or action tags (also known as "one-pixel GIFs") on users' computers to evaluate the effectiveness of the advertisements. All information collected in this manner is anonymous. The customer can reject the cookies or action tags by changing their browsersettings. The changes, if necessary, the interactive features of the websites visited.
21. SECURED WEBSITE The WEBSITE is a website secured by SSL.
22. CUSTOMER SERVICE If you have any questions or would like more information, please contact customerservice by email at email@example.com.
23 APPLICABLE LAW - COMPETENT COURTS These GENERAL TERMS AND CONDITIONS OF SALE and all transactions referred to hereinand/or relating to any sale of products by AIRYA to the customer, and the interpretation and enforcement there of, shall be governed by and construed in accordance with substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods. For disputes with entrepreneurs and/or merchants, the courts at the registered office of AIRYA have exclusive jurisdiction.
24. A PLACE FOR CUSTOMER REVIEWS Airya reserves the right to review and, if necessary, delete any postings in the customer review section of the WEBSITE. AIRYA reserves the right to delete or not post any content deemed inappropriateor objectionable by AIRYA in its sole discretion. This includes, but is not limited to, the following: advertising of any kind, including competitor advertising, solicitation, self-promotion and spam False, incorrect or misleading information Insulting any person or company, includingAIRYA, its employees, suppliers, distributors or affiliates Inappropriate or misleading content or content that portrays an inaccurate image of AIRYA Content that threatens or harasses others or violates their rights, including contentthat discloses private information about other users. Content that contains malware programs, softwareor files that may infringe another party's intellectual property rights, oroffensive comments, or that may damage another user's display system.
25. GENERAL AIRYA's failure to exercise any right under this Agreement shall not prevent AIRYA from exercising any other right or any right of the same nature at a later date. If any provision of these GENERAL TERMS AND CONDITIONS OF SALE is or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these terms and conditions of sale shall not be affected thereby. AIRYA is entitled to transfer this contract. AIRYA may transfer its rights and obligations under these GENERAL TERMS AND CONDITIONS OF SALE to another company. AIRYA will in any event notify the Customer in writing (including byemail) of the transfer and will ensure that the transfer will not affect the Customer's rights under this Agreement. No other person shall have any rights under this contract (other than a person to whom the customer transfers its warranty, in which case AIRYA may require such person to provide reasonable evidence that itis now the owner of the item or goods in question). This contract is between the customer and AIRYA. No other person shall have any rights to enforce itsterms.