Allgemeine Geschäftsbedingungen

1. General

1.1 air-care.ch is an offer of Tratech GmbH, Bottighoferstrasse 1, 8280 Kreuzlingen. The General Terms and Conditions (hereinafter referred to as GTC) govern the business relationships and services between Tratech GmbH (hereinafter referred to as air-care.ch) and its customers. In this context, customers are deemed to be both "entrepreneurs", i.e. legal entities, natural persons or partnerships with legal capacity who enter into a business relationship with air-care.ch in the course of their commercial or self-employed activity, and "consumers", i.e. natural persons who enter into a business relationship with air-care.ch in a non-commercial or non-self-employed activity.

1.2 All scopes of services such as orders, deliveries and services and the associated conclusion of contracts between air-care.ch as supplier and the customers shall be based on these GTCs in a binding manner. Deviating terms and conditions shall only apply if they have been mutually agreed expressly and in writing.

1.3 The contents of marketing documents, catalogues and assurances of properties in technical documentation shall be binding only if expressly agreed in writing. 

1.4 air-care.ch sells its goods through various channels (hereinafter referred to as "sales channels") such as its internet webshop air-care.ch, in personal and electronic (email, telephone) customer contact, via sales platforms such as amazon, ebay or Ricardo.

1.5 The minimum age of the customer must be 18 years. The offer of air-care.ch is directed at customers in Switzerland and the Principality of Liechtenstein who are capable of acting. The offers of air-care.ch are subject to change and are not to be understood as binding offers.

1.6 By placing an order for goods via the sales channels of air-care.ch, the customer bindingly agrees to purchase the ordered goods. After the order has been placed, the customer receives a confirmation of receipt of the order, which is non-binding. A contract is only concluded upon confirmation of dispatch, collection or delivery of the ordered goods.

1.7 air-care.ch assumes no liability for the content of external websites and linked partner shops.

2 Order and delivery

2.1 Customers' orders are accepted via the air-care.ch sales channels. Should it be determined after order confirmation that an item is not available or cannot be delivered, the corresponding order will be cancelled. The customer cannot thereupon assert any further claims against air-care.ch.

2.2 The availability and deliverability of goods by manufacturers is reserved. Assembly and operating instructions are only included in the scope of delivery if they are provided by the manufacturer. 

2.3 The delivery periods or stock quantities stated in quotations, product descriptions or in the order receipt confirmation are only indicative and are not binding. Firmly placed orders can only be cancelled due to a delay in delivery if the exceeding of the delivery deadline has been pointed out in writing and a reasonable period of grace has elapsed without being used.

2.4 air-care.ch is entitled to make partial deliveries. If only a part of the ordered products is not delivered, the customer has no right to cancel the entire order. Further claims cannot be asserted by the customer.

2.5 Delivery shall be made exclusively to addresses in Switzerland and the Principality of Liechtenstein at the expense and risk of the customer. Benefit and risk shall pass to the customer upon handover of the delivery. Deviating regulations in accordance with the Incoterms chosen by the buyer remain reserved.

2.6 air-care.ch reserves the right to change shipping costs at any time and without prior notice. Required or prescribed packaging will not be taken back. Exceptions will be agreed individually.

2.7 The customer undertakes to check the delivered/collected goods immediately for correctness, completeness and integrity. Damage to the delivered/collected goods must be reported to the executing transport company and air-care.ch immediately, but no later than 5 calendar days after delivery. In the event of complaints, all parts of the original packaging must be retained. These may only be disposed of with the written consent of the transport company or air-care.ch.

3. prices

3.1 Our price quotations are non-binding guide prices. The daily prices valid on the day of the order are shown and calculated. The prices include value added tax (VAT) and advance recycling fee (VRG) in Swiss francs. Additional costs such as delivery, special packaging, transport insurance and surcharges for certain means of payment are not included in the price and will be invoiced separately. Prices are subject to change without prior notice. 

3.2 Different prices for the same items in different sales channels are possible.

3.3 Voucher coupons and discounts must be entered during the ordering process. Posting after completion of the order process is not possible.

3.4 The customer undertakes to check the invoice within a reasonable period. Complaints regarding the invoice will not be considered after the payment deadline has expired.

4. Terms of payment and retention of title

4.1 Payment of the invoice amount can be made by means of the payment methods available in the respective sales channel of air-care.ch (credit card, Postfinance, PayPal, invoice via Billpay or cash in advance). air-care.ch may exclude individual means of payment in general or for individual customers without further justification. air-care.ch also has the right to levy surcharges on certain means of payment. 

4.2 Invoice for PRIVATE customers via Klarna

When purchasing on account, the invoice amount is due for payment to our external partner Klarna GmbH on the calendar day stated in the invoice (28 calendar days after the invoice date). The ‘Invoice for PRIVATE customers via Klarna’ payment method is available to private customers from Switzerland and Liechtenstein and requires, among other things, a successful credit check by Klarna GmbH. If the customer is allowed to purchase on account for certain offers after a credit check, the payment is processed in cooperation with Klarna GmbH, to which we assign our payment claim. In this case, the customer can only make payments with debt-discharging effect to Klarna GmbH.

We remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, declarations of revocation and returns or credit notes, even if the purchase on account is made through Klarna. The General Terms and Conditions of Klarna GmbH apply.

5. Return of goods and warranty

The delivery note and the invoice are considered as necessary proof of purchase and warranty certificate for all return and warranty requests. These must be kept carefully.

5.1 Goods may be returned by the customer within 14 calendar days of receipt. The date of the delivery note is decisive. Sealed and/or plastic-welded products can only be returned in unopened condition. Any seal must not be broken.

The return of a product must be registered here and returned unused, in its original packaging, complete with all accessories and accompanied by copies of the delivery note and return slip. 

The return shipment is at the expense and risk of the customer to the following address:

Tratech GmbH

Guggenbühl 28

CH-8586 Andwil

The right of return is excluded for custom-made goods as well as for goods not kept in stock, goods already assembled once, modified goods, damaged goods and goods specially procured for the buyer. When exchanging goods from our stock range, we reserve the right to reduce the amount of the credit note accordingly for expenses or to charge an additional price. This applies in particular if resale as new goods is no longer possible due to use or damage to the item or its original packaging.

5.2 The warranty period for defects in the product is 1 year from receipt of the goods. For goods not manufactured by air-care.ch, the warranty conditions and benefits of the manufacturer apply. Other periods are reserved in accordance with mandatory law. After receipt of the goods, they must be inspected by the customer without delay. Notifications of defects must be made immediately in writing. Hidden defects must be reported immediately after their discovery. Late notices of defects shall not be accepted.

The customer may claim a product defect provided that there are no grounds for exclusion. The grounds for exclusion include in particular: Damage caused by the elements, moisture damage, impact or fall damage, natural wear and tear (e.g. broken cables), incorrect manipulation, damage caused by external influences, improper handling (see instructions for use), use of third-party spare parts, repairs that were not carried out by official representatives (service centre in accordance with the instructions for use/product description) as well as tampering with or modification of the product. The guarantee does not cover wear parts such as batteries, rechargeable batteries, cables, adapters and lamps, as well as filters and housing parts.

5.3 In the event of defects covered by the manufacturer's warranty, the product will be repaired or replaced with equivalent goods at our discretion or at the discretion of the manufacturer. Any further warranty shall be excluded, in particular the buyer shall not be entitled to rescission or reduction of the purchase price.

5.4 Returned products which are not covered by the warranty, which are sent to an incorrect address, whose return was not agreed and/or whose packaging was defective or where the accessories are missing, may be returned by air-care.ch. A handling fee may be claimed.

5.5 The warranty shall expire prematurely if the customer or third parties carry out modifications or repairs to the goods without our written consent, if the goods are handled improperly or are insufficiently maintained, or if the buyer does not immediately take all appropriate measures to mitigate the damage and give us the opportunity to remedy the defect when a defect occurs.

5.6 All claims for damages, reduction, cancellation of the contract or withdrawal from the contract not expressly mentioned are excluded. Under no circumstances shall the Buyer be entitled to claim compensation for damage not incurred to the delivery item itself, such as loss of production, loss of use, loss of orders, loss of profit and other direct or indirect damage.

6 Liability

6.1 Any liability for breach of contract, impossibility of performance, delay in delivery, warranty or other legal ground is excluded to the extent permitted by law. 

6.2 Under no circumstances shall the customer be entitled to claim compensation for damages not incurred on the delivery item itself, such as, in particular, loss of production, loss of use, loss of orders, claims by third parties, loss of profit as well as other consequential and indirect damages.

7. Data protection

Please refer to our data privacy policy.

8. Final provisions

These GTC may be amended at any time, with the future version being published at www.air-care.ch in each case. 

Swiss law is exclusively applicable, to the express exclusion of the Swiss Federal Act on Private International Law (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Subject to the following provisions.

Subject to mandatory statutory provisions, Kreuzlingen, TG, Switzerland, shall be deemed the place of performance and jurisdiction. In any case, we reserve the right to sue the buyer at his registered office or place of residence.

The ineffectiveness of the contract shall be excluded.

The invalidity of individual provisions of these terms and conditions or of the supply contract concluded with the customer shall not affect the validity of the remaining provisions.