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§ 1 Scope and general information

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(1) These General Terms and Conditions (GTC) and consumer information apply in the context of sales contracts that are concluded via the freezepoint.ch online shop.

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(2) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the customer's own conditions are not permitted.

 

(3) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

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§ 2 Conclusion of contract

 

(1) The contract is concluded between the operator of the online shop freezepoint.ch, namely BK Kälte GmbH, Spiracher 2, 5225 Bözberg (CHE-329.073.978), hereinafter referred to as the seller.

 

(2) The essential features of the goods result from the respective product description provided by the seller.

 

(3) All offers in the seller's online shop merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer is first sent a confirmation of his order from the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and usually inform the customer within 2 working days whether he accepts the order (order confirmation).

 

(4) The ordering process in the seller's online shop works as follows: The customer can select products from the seller's range and collect them in a so-called shopping cart by clicking the "Add to basket" button. By clicking on the "Shopping Cart" button, the customer receives an overview of the products he has selected. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the order entered and the data entered at any time using the browser functions “Back” and “Next” shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted the general terms and conditions of the seller by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller expressly submits the declaration of acceptance, which is sent in a separate e-mail.

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§ 3 Subject matter of the contract, quality, availability of goods

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(1) The subject matter of the contract are the goods specified by the customer in the context of the order and named in the order and/or order confirmation at the final prices named in the online shop. Mistakes and mistakes are reserved there, especially with regard to the availability of goods.

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(2) The nature of the ordered goods results from the product descriptions in the online shop. Images on the website may not accurately reflect the products; in particular, colors may differ significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, description of weight, dimensions and performance are given as precisely as possible, but can show the usual deviations. The deviations described do not constitute defects in the products delivered by the seller.

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(3) If no copies of the product selected by the customer are available at the time the customer places the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance, notifying the customer. A contract is not concluded in this case.

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(4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.

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§ 4 Delivery, prices, shipping costs

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(1) The delivery by the seller to the shipping company takes place no later than two days after receipt of money, in the case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller will indicate any deviating delivery times on the respective product page.

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(2) Delivery is only within Switzerland or the EU.

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(3) All item prices include statutory VAT. The prices given are retail prices plus shipping costs. The customer receives an invoice showing VAT.

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§ 5 Payment

Payment can be made via Twint, Payment in advance by credit/debit cardor PayPal unless otherwise agreed. The free delivery, which is available in the Freezepoint.ch shop  is offered, applies to all standard deliveries, unless otherwise agreed. 

A payment is only deemed to have been made when we can dispose of the amount.
If the buyer is in default, we are entitled to charge interest of 5% from the relevant point in time. During the delay, Bk Kälte GmbH is also entitled at any time to withdraw from the contract, to demand the return of the goods delivered and to claim damages for the lapse of the contract.
All claims are due immediately if the customer is in default of payment, culpably fails to meet other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or only carry them out against advance payment or securities.

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§ 9 returns

Customers have the right to return the goods within 14 days after delivery. For returns, we require that the defective or functional goods are sent or delivered in unused condition (in the original packaging) and with a written complaint to the following address: Bk Kälte GmbH, Spiracher 2, 5225 Bözberg, Switzerland. Deliverycosts has to be paid by costomer. After receipt of the goods, a free replacement delivery will be organized or a purchase price that has already been paid will be refunded to the customer. However, we reserve the right to deduct the purchase price to be refunded or to issue an invoice for possible damage or excessive wear of the goods. Bk Kälte GmbH can refuse the credit note until they have received the goods back or the customer has provided proof that he has sent the goods back, whichever is earlier. The exchange of goods does not bring any new warranty periods into effect.

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§ 6 Damage in transit

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(1) If goods are delivered with obvious transport damage, the customer is obliged to complain about this damage to the shipping company immediately and to contact the seller as soon as possible.

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(2) The omission of a complaint or the failure to make contact has no consequences for the statutory warranty rights of the customer, but is the basis for the seller to be able to assert his own claims against the shipping company or the transport insurance. If the seller loses claims because of the customer's negligence, he can hold the customer liable here.

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§ 7 Warranty for Material Defects

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(1) The seller is liable for material defects according to the applicable statutory provisions, in particular Art. 197 ff. OR.

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(2) There is only a guarantee for the goods delivered by the seller if this was expressly given in the order confirmation for the respective item.

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(3) Complaints and claims for liability for defects can be submitted to the address given in the description of the seller.

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§ 8 Retention of title

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The delivered goods remain the property of the seller until full payment has been made. (BK cooling GmbH)

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§ 9 contract text

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The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the terms and conditions are sent to the customer by email. After completing the order, the order data is no longer accessible via the Internet for security reasons.

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§ 10 Final Provisions

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(1) The contract language is German.

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(2) Swiss law applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn.

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(3) If the customer is an entrepreneur within the meaning of Section 1 (3), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Switzerland or if his domicile or habitual residence is not known at the time the action is filed.