General Terms And Conditions

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. 

Purchase on account with instalment facility (POWERPAY)

4.2 MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply settle your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.

4.3 Upon conclusion of the purchase contract, POWERPAY assumes the invoice claim that has arisen and handles the corresponding payment modalities. In the case of purchase on account, you accept the AGB of POWERPAY in addition to our GTC. (powerpay.ch/en/agb).

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 unused, in its original packaging, complete with all accessories and accompanied by copies of the delivery note and invoice. 

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. Excluded from the warranty are wear parts, 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 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

7.1 Tratech GmbH's privacy policy applies to all visits to the website www.air-care.ch.

Identity and credit check when selecting MF Group / POWERPAY invoice payment methods

7.2 If you choose one of the payment options of our partner MF Group / POWERPAY, you will be asked during the ordering process to consent to the transmission of the data required for the processing of the payment and an identity and credit check to MF Group / POWERPAY. If you give your consent, your data (first and last name, street, house number, postcode, city, date of birth, telephone number) as well as the data in connection with your order will be transmitted to MF Group / POWERPAY.

7.3 For the purpose of its own identity and credit assessment, MF Group / POWERPAY or partner companies commissioned by MF Group / POWERPAY transmits data to credit agencies (credit agencies) and receives information from them as well as, if applicable, creditworthiness information based on mathematical-statistical procedures, the calculation of which includes, among other things, address data. Detailed information on this and on the credit agencies used can be found in the data protection provisions of MF Group / POWERPAY.

7.4 Furthermore, MF Group / POWERPAY may use third party tools to detect and prevent fraud. Data obtained with these tools may be stored with third parties in encrypted form so that they can only be read by MF Group / POWERPAY. Only if you select a payment method from our cooperation partner MF Group / POWERPAY will this data be used, otherwise the data will automatically expire after 30 minutes.

7.5 On our website, we offer you the possibility to check certain entries in address forms of our webshop for input errors in real time. This is to avoid problems with the delivery of the products ordered by you due to incorrect information. Furthermore, we would like to ensure that your contact details are valid for sending you information about your order or for any necessary queries. For the provision of these functions, we use the service provider Endereco, Balthasar-Neumann-Straße 4b, 97236 Randersacker. The service provider processes the data exclusively according to our instructions. The legal basis for the transmission, processing and temporary storage of the data with the service provider is Art. 6 para. 1 lit. b DS-GVO, as it is absolutely necessary for the fulfilment of the contract or for the implementation of pre-contractual measures that some of the data entered by you in the input mask is checked for accuracy. The following data is processed by the service provider: - Address (country, city, postcode, street, house number if applicable). - E-mail address - Telephone number The data will be processed separately by the service provider and will not be merged. The requests will be deleted by the service provider as soon as the status of the data entered has been determined and the storage in the webshop has been completed, but at the latest after 30 days.

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.

Data Protection & Security

§ 1 General

Your personal data (e.g. title, name, address, e-mail address, telephone number, bank details, credit card number) will be treated confidentially by air-care.ch. Every participant can request information about the data processed about him or her in accordance with Art. 8 of the Federal Data Protection Act (DSG). The following regulations inform you about the type, scope and purpose of the collection, processing and use of personal data. This data protection declaration only refers to the air-care.ch webshop. If you are redirected to other sites via links on our pages, please inform yourself there about the respective handling of your data. 

On our website we offer you the possibility to check certain entries in address forms of our webshop for input errors in real time. This is to avoid problems with the delivery of the products you have ordered due to incorrect information. Furthermore, we would like to ensure that your contact details are valid for sending you information about your order or for any necessary queries. For the provision of these functions, we use the service provider Endereco, Balthasar-Neumann-Straße 4b, 97236 Randersacker. The service provider processes the data exclusively according to our instructions. The legal basis for the transmission, processing and temporary storage of the data with the service provider is Art. 6 para. 1 lit. b DS-GVO, as it is absolutely necessary for the fulfilment of the contract or for the implementation of pre-contractual measures that some of the data entered by you in the input mask is checked for accuracy. The following data is processed by the service provider: - Address (country, city, postcode, street, house number if applicable). - E-mail address - Telephone number The data will be processed separately by the service provider and will not be merged. The requests are deleted by the service provider as soon as the status of the data entered has been determined and the storage in the web shop has been completed, but at the latest after 30 days.

§ 2 Inventory data

(1) Your personal data, insofar as they are required for the establishment, content or amendment of the contractual relationship (inventory data), shall be used exclusively for the purpose of processing the contract. For example, in order to deliver the goods, your name and address must be passed on to the goods supplier.

(2) Without your express consent or without a legal basis, your personal data will not be passed on to third parties outside the processing of the contract. After the contract has been fully processed, your data will be blocked for further use. After expiry of the tax and commercial law regulations, this data will be deleted unless you have expressly consented to its further use.

(3) The data is stored on a server of the company mainsolutions, An der Fein 12, 97274 Leinach, Germany, which is located in a secure data centre. 

§ 3 Web analysis with Google Analytics

This website uses Google (Universal) Analytics, a web analytics service provided by Google, Inc (www.google.ch). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as so-called "cookies", text files that are stored on your computer. The information generated about your use of this
website is usually sent to a server. website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address is saved before it is transmitted within the member states of the European Union or in other
contracting states of the European Union. States party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymised IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plugin
available under the following link: available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de As an alternative to the browser plugin, you can click this link to prevent the collection of data by Google Analytics on this website in the future. This will place an opt-out cookie on your
. end device. If you delete your cookies, you must click the link again.

§ 4 Data use

(1) The data necessary in the context of the ordering and payment process will be used by us for the processing of the contract. The data collected through the ordering process will only be used by us for direct applications if you expressly request this. No other or further use by us will take place. 

With the exceptions listed below, we also do not pass on any data to any third parties, unless this is required by law or ordered by a court decision. 

(2) Identity and credit check when selecting MF Group / POWERPAY bill payment methods

If you choose one of the payment options of our partner MF Group / POWERPAY, you will be asked during the ordering process to consent to the transmission of the data required for the processing of the payment and an identity and credit check to Billpay. If you give your consent, your data (first name and surname, street, house number, postcode, town, date of birth, telephone number and, in the case of purchase by direct debit, the account details provided) and the data relating to your order will be transmitted to MF Group / POWERPAY. For the purpose of its own identity and credit assessment, MF Group / POWERPAY or partner companies commissioned by MF Group / POWERPAY transmits data to credit agencies (credit agencies) and receives information from them as well as, if applicable, creditworthiness information on the basis of mathematical-statistical procedures, the calculation of which includes, among other things, address data. 
Detailed information on this and on the credit agencies used can be found in the data protection provisions of MF Group / POWERPAY. Furthermore, MF Group / POWERPAY may use third party tools to detect and prevent fraud. Data obtained with these tools may be stored with third parties in encrypted form so that they can only be read by Billpay. Only if you select a payment method of our cooperation partner MF Group / POWERPAY, this data will be used, otherwise the data will automatically expire after 30 minutes.

§ 5 Information about cookies

(1) We use cookies to optimise our Internet presence. These are small text files that are stored in the memory of your computer. These cookies are deleted again after closing the browser. Other cookies remain on your computer (long-term cookies) and recognise it the next time you visit. This allows us to provide you with better access to our site.

(2) You can prevent cookies from being saved by selecting "Block cookies" in your browser settings. However, this may result in a functional restriction of our offers.

§ 6 Information

You have a right to free information about your stored data and, if applicable, a right to correction, blocking or deletion of this data. Please direct all requests for information to the following e-mail address: service@air-care.ch

Data protection officer:

Tratech GmbH

Roman Richter

Bottighoferstrasse 1

CH-8280 Kreuzlingen