General Terms of Service

"ARUS Vertriebs GmbH" General Terms of Service:

amended 23.11.2021 

Contractual Partner:

ARUS Vertriebs GmbH - hereinafter referred to as "ARUS" for short.

Waldstraße 11c, 85649 Brunnthal, Germany

Email: office@riwi-buildit.ch

Managing Director: Eszter Horvath

Company register no.: HRB 270810

Regional Court: Munich, Germany

UID No.: DE339516338 

General Terms and Conditions of Business and Delivery (GTC) of http://www.riwi-buildit.ch
 

§1 Scope of application between ARUS and

(1)a consumerA consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.

(2)an entrepreneurAn entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. 


§2 Order process, order receipt confirmation

(1)You place the products you wish to purchase in the shopping basket. In the payment process, you select the payment method and enter your payment details. Before sending your order, check it for correctness and confirm your order and acceptance of the General Terms and Conditions by clicking on the "CONFIRM PURCHASE NOW" button. You thereby transmit your order to us, which constitutes a binding offer to us to conclude a purchase contract.

(2)Electronic confirmation of receipt of order: Once you have placed an order with ARUS, an automatically generated order confirmation page will appear confirming receipt of your order by us and listing the details. However, it is not yet an order acceptance, but is only to inform you that we have received your order. In the event that something is incorrect or you wish to cancel your order, please notify us immediately at office@riwi-buildit.ch.

(3)Your order will be stored with us. If you lose your records relating to your order, please contact us by email or telephone. We will gladly send you a copy of your order data. 


§3 Order acceptance and conclusion of contract

(1)The automatic order confirmation and the receipt of your payment do not yet confirm that we accept the order placed by you. Should the case arise that we cannot accept or reject your order, you will be informed immediately and we will immediately refund the amount you have paid. 


§4 Payment, Prices, Invoice

(1)The payment of the products takes place

by prepayment: After your payment has been booked, we will send your package.

by PayPal: PayPal is an online payment service that allows you to pay securely, easily and quickly - free of charge. If you have chosen PayPal, we will forward you directly to the PayPal pages after you have sent your order. There you can log in with your PayPal access data or set up a new account. (Registration and further information at http://www.paypal.com.) If you return items that were paid for with PayPal, your PayPal account will be automatically credited.

by credit card: If you pay for your order by credit card, your order will be processed directly and dispatched as soon as possible.

by Twint: Twint is a Swiss online payment service that allows you to pay securely, easily and quickly. If you have chosen Twint, we will redirect you directly to the Twint pages after you have submitted your order or the Twint app will open automatically. There you can log in with your Twint credentials and pay. (Further information at https://www.twint.ch/privatkunden/funktionen/onlineshop).

(2)Our prices are in Swiss francs (SFR/CHF) and are final prices plus shipping costs. The prices include the applicable statutory value-added tax. In the event of an increase in value added tax, we reserve the right to increase the prices. The prices at the time of the order apply. Errors excepted!

(3)We do not grant any cash discount.

(4)Delivery of the invoice:The customer has to take care on the recipient side that all electronic deliveries of the invoice by e-mail of the company ARUS Vertriebs GmbH. can be duly delivered to the e-mail address given by the customer and to adapt technical facilities such as filter programmes or firewalls accordingly. Any automated electronic reply letters to ARUS Vertriebs GmbH (absentee note) cannot be taken into account and do not prevent a valid delivery.

(5) In the event of non-acceptance of the goods, the customer undertakes to reimburse ARUS in full for all costs incurred, such as postage costs, administrative expenses, etc.. A minimum of CHF 25 will be charged per shipment.

(6)Reminder fees will be charged at CHF 5 per reminder. In the event of any delay in payment by the customer, ARUS shall be entitled to charge the customer interest on arrears in the amount of 12% per annum from the outstanding amount as well as all reminder and collection expenses necessary for the appropriate collection of the claim. The possibility of claiming any further damages remains unaffected. 


§5 Retention of title

(1)An advance payment of 100% is required for custom-made products and larger quantities. The goods remain the property of ARUS until full payment has been made. 


§6 Delivery and shipping costs, shipping times, product shelf life

(1)Our products are delivered within Switzerland by postal parcel through DPD. We consider these shipping providers to be very reliable. The goods are insured with the shipping provider for the value of the goods excluding delivery costs. The goods are delivered at your own risk. The shipping costs are displayed in the checkout. Please ask for special shipping methods at office@riwi-buildit.ch.

(2)The final shipping costs are calculated in the checkout after the delivery address has been entered. We offer free delivery within Switzerland for orders over 50 CHF. For orders below 50 CHF we charge a flat rate of 6.95 CHF.

(3)For foreign deliveries, Incoterms 2000 shall apply in accordance with the delivery clauses issued by the International Chamber of Commerce (ICC), whereby ARUS shall not assume the risk of loss or damage to the goods if the goods have not been insured with the shipping provider or if this insurance is not effective. The customer shall bear all costs and risks arising from the delivery of the goods to the foreign destination requested by him.

(4)The shipping dates are based on the receipt of payment. We would like to point out that all details regarding the dispatch or delivery of a product are only anticipated details and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates.

(5)Products made of cut foam blocks may have slight variations in size, weight and color, but reasonable for the customer. Products made of foam are delivered compressed and expands to its original size after the first unpacking. This process can take up to 72 hours. If the foam does not expand 100% during this time, humidity (such as steam from an iron) can help. We guarantee 90% revesibility of the original or specified size. 

 

 §7 Warranty and guarantees

(1)The legal warranty period is 2 years and begins on the date of delivery, i.e. receipt of the item by the buyer. If you have any problems, please contact us at office@riwi-buildit.ch.

(2)ARUS will remedy any defects asserted by you at its own discretion and at its own expense by supplying new parts. Other claims, in particular for damages, against ARUS are excluded.

(3)Claims under our guarantee only exist if the product does not show any damage or signs of wear caused by a use deviating from the normal purpose or the specifications of ARUS (according to the instructions for use), in particular no goods-typical, natural or normal signs of wear, damage caused by pointed, sharp-edged or hot objects, damage caused by standing moisture, wilful destruction or improper treatment by e.g. incorrect cleaning agents. Entitlement to our warranty lasts for 1 year and begins with the date of delivery, i.e. receipt of the item by the buyer.

(4) Warranty claims can only be made by handing over or sending the product to ARUS. Please contact us in advance at office@riwi-buildit.ch to discuss your warranty claim. In justified warranty cases, we will bear the shipping and return costs. The prerequisite for a warranty claim is the presentation of the original invoice with the date of purchase. This guarantee is valid to the extent and under the conditions stated above. 


§8 Cancellation Policy, Right of Cancellation and Consequences of Cancellation, Exceptions to the Right of Cancellation

(1)You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last item. However, the period does not begin until the contract of sale has become binding on you by your approval of the item purchased. To exercise your right of withdrawal, you must inform us: ARUS (ARUS Vertriebs GmbH, Waldstraße 11c, 85649 Brunnthal, Germany, office@riwi-buildit.ch) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). The cost of returning the goods shall be borne by the buyer. The declaration of revocation cannot be made by merely returning the goods.

(2)As a result of an effective revocation, the services rendered shall be refunded. The purchase price shall be refunded immediately and at the latest within 14 days of the day on which the goods are received by ARUS. The costs of the return shipment shall be borne by the consumer.

(3)For the refund, either the means of payment used by the consumer in the original transaction or to a bank account made known by the consumer at the time of withdrawal shall be used.

(4)The goods must be returned in unused, resalable condition and only in the original packaging. The goods must not show any signs of use. In the case of goods with such wear and tear, an appropriate fee will be charged for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.

(5)The right of revocation does not apply to distance contracts for the delivery of custom-made goods or goods that are clearly tailored to personal needs or that are not suitable for return due to their nature.

(6)The right of revocation does not apply to goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery (e.g. foam toys, headphones).

(7)Furthermore, the right of withdrawal does not apply to products which have already been used by the customer and which can no longer be used after use. 


§9 Limitation of liability, damage to the consignment, right of return

(1)We are not responsible for delays in the fulfilment of the contract or for non-fulfilment due to causes beyond our control. We do not accept any liability for telecommunication failures or viruses. Due to the nature of the internet, we cannot guarantee that the website will be available without interruption and that transmissions will be error-free. 

(2)We are not liable in the event of failure of the contracted shipping service provider. With respect to consumers, the risk shall pass to the customer from the time the goods are handed over to the shipping service provider. If, in an exceptional case, the parcel is handled carelessly by the shipping service provider, please complain to the driver immediately. Please inform us immediately if an order is lost or damaged. You should keep the delivery note and all packaging.

(3)Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage which occurs after the transfer of risk as a result of incorrect or negligent handling or due to other external influences. 


§10 Data protection notice

(1)We collect and process personal data for order processing, for maintaining customer relations and for our advertising campaigns. In this context, we also transmit the data to third parties, e.g. delivery companies, if this is necessary.

(2)This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states 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. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de). For more information on terms of use and data protection, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/. We would like to point out that the code "anonymizeIp" has been added to Google Analytics on this website to ensure anonymised collection of IP addresses (so-called IP masking). 


§11 Copyright, Intellectual Property

(1)The website and the content, logos, graphics and images created by ARUS are subject to Hungarian copyright law and are the intellectual property of ARUS. Contents of this website may not be used, sold, reproduced or edited. Any kind of exploitation requires the written consent of the creator. 


§12 Changes to the terms of sale

(1)We reserve the right to make changes to our website, rules and conditions. The terms and conditions in force at the time of your order shall apply to your order. 


§13 Contract language

(1)The contract language is German, French, Italian or English. 

 

§14 Severability clause

(1)If any provision of these Terms and Conditions is invalid, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.