BEST OF ASIA

1. subject matter of the contract

These General Terms and Conditions of Business, Sale and Delivery govern the contractual relationship between bestofasia.ch (bestofasia GmbH, hereinafter referred to as the Company) and the buyer of goods and services of the online store and delivery exclusively in Switzerland.

2. Scope of application and validity

These GTC regulate the rights and obligations in the relationship between the company and its customers. They apply to all business relations between the Company and the Customers, in particular to the delivery of products and the provision of services, unless otherwise agreed in writing.

Terms and conditions of the customer shall not apply. Unless they have been expressly accepted in writing by the Company and are not in conflict with the GTC of the Company.

Changes will be announced to the Customer on the homepage of the Company. All products offered and distributed by the Company as well as services are considered as products.

3. conclusion of contract / communication

The Customer's order is an offer to conclude a contract, which is accepted by the Company by shipping the ordered goods. The Company reserves the right not to accept the order.

The Company generally informs and communicates by e-mail. It is the responsibility of the Customer to provide a valid e-mail address.

4. prices

The prices of the products and services are net in Swiss Francs including VAT and prepaid recycling fee (vRG). Additional/delivery costs and packaging will be invoiced in a separate item. The prices of the products are calculated at the time of order confirmation by the company.

5. delivery terms

The stated delivery times are based on information from our suppliers and are not binding for the company. In no case claims for damages can be asserted against the company. The accruing delivery costs will be displayed before the order (at "shopping cart" and "checkout"). If the customer is in default of payment from previous deliveries, the company reserves the right to withhold deliveries until all debts have been settled.

6. transfer of risk, transport and insurance

The company delivers exclusively to valid postal addresses within Switzerland and the Principality of Liechtenstein. Deliveries via forwarding partners are only made to the curb.

The risk of accidental loss or accidental damage shall pass to the customer when the goods are handed over by the company to the carrier.

When concluding the order, the customer can optionally conclude a transport guarantee for transport damage and transport loss. When concluding a transport guarantee, the risk of accidental loss or damage shall pass to the Customer upon handover of the goods by the carrier to the Customer and transport insurance concluded by the Company with Basler Versicherung shall apply. The insurance covers the damage actually incurred during the shipment, up to a maximum of the value of the goods at the time of the order. The customer has only the right to repair or replacement (replacement delivery) or compensation for loss of value. The decision about repair or exchange of a device is made by the company. A subsequent conclusion of the transport guarantee is not possible.

If the delivered products show obvious material or manufacturing defects, including transport damages, the Customer is obliged to claim such defects to the delivering company (post, courier) immediately after receipt, at the latest after 5 days, and subsequently to the Company. Furthermore, the Customer is obliged to keep all packing material until the case is settled.

7. terms of payment

The terms of payment of the checkout of the online store "Select payment method" are authoritative. The company decides which payment method applies. Partial deliveries are to be paid in the amount of the individual delivery. A set-off of the buyer against the company with undisputed, legally binding as well as with disputed but ready for decision claims is not excluded.

8. reservation of proprietary rights

All goods ordered by the customer remain the property of the company until full payment of the purchase price. The goods must be kept in a resalable condition by the Customer until this time. The Company is entitled to register the retention of title according to Art. 715 ZGB at the respective domicile of the Customer.

9. defects

The customer has to check the goods for completeness and to report obvious defects (transport damage see point 6) to the company immediately after receipt, at the latest after 5 days. Otherwise the delivery is considered as accepted by the customer.

10. withdrawal from the contract / right of return / right of exchange

In cases of typing or calculation errors, the company is entitled to withdraw from the contract. This also applies if the prices were calculated incorrectly by the company as well as by the supplier.

There is basically no right of return/exchange of delivered goods.

Withdrawal from the contract by the Customer after the order has been accepted by the Company is possible under the following conditions:

10.1 Unopened products

Unopened products from our own warehouse (declared as "immediately available") can be returned within 14 days from the date of invoice (postmark) at a handling fee of CHF 50.00 plus 20% of the value of the goods, or the actual costs incurred by the Company. The company decides which type applies. The return/delivery is the responsibility of the customer. These products are excluded from this rule: Hygiene articles, software as well as all procurement articles (articles that we have procured especially for you, or whose procurement has already been initiated) and articles with a price of more than CHF 1000.

10.2 Opened / Used Products

Opened products, products with signs of use of any kind or products without original packaging can not be returned or exchanged.

10.3 Ordered but undeliverable products

Products that have been ordered from us, but then the package can not be delivered, we have to charge a handling fee of CHF 30.

10.4 Products ordered but not yet delivered

Cancellation of ordered but not yet delivered items is only possible for items from our own warehouse or after consultation with our suppliers, provided that the procurement process can still be canceled.

11. Warranty

The private customer (consumer with order intention for private use) is entitled to warranty claims within the scope of the applicable law. For commercial customers (consumers with the intention to order for commercial use) warranty claims are excluded.

The buyer is entitled to warranty claims of the manufacturer to the extent and within the scope granted by the manufacturer.

In the case of a warranty, the customer is obliged to inform himself in advance via the online account under "My account" whether the manufacturer directly or the company is responsible.

If the manufacturer is responsible, the customer settles the warranty claims directly with the manufacturer. If the customer nevertheless chooses the company to process warranty claims with the manufacturer, a processing fee of CHF 50 will be charged.

If the company is responsible, the customer registers the defective product for warranty processing via the online account under "My Account" and follows the information that is subsequently sent by e-mail. If the customer sends defective products to the Company without prior registration under "My Account", a processing fee of CHF 50 will be charged.

The respective RMA process of the manufacturer or the company applies. The delivery costs to the company or manufacturer have to be paid by the customer. The costs for returning the goods to the customer shall be borne by the manufacturer or the company. The defect will be remedied at the discretion of the manufacturer / service partner by replacement, replacement of the defective part, repair of the product or issuance of a credit note. If it turns out during the inspection of the defective product that the defect was caused by the customer himself, the company can demand a handling fee and/or the customer can have the product repaired with costs.

The Company shall not be liable for any direct or indirect damage caused by defects within the limits of the law. Liability for normal wear and tear as well as consumables/accessories is excluded. Warranty claims against the company are only entitled to the immediate buyer and are not assignable.

12. repairs / services

The customer is responsible for the backup of his data files. The company assumes no liability for data loss that may occur during repair work.

Software repairs or software installations are excluded from any warranty claims. Warranty claims can only be made on hardware. In case of installations of hardware components, the customer is entitled to a free warranty work within 3 months, should the installation have been demonstrably not carried out correctly by the company. The company is not responsible for any restrictions on product use resulting from changes in standards, software or firmware updates.

The quoted service prices are valid at the Company's premises unless otherwise stated. Both delivery from the customer to the company and back to the customer is the responsibility of the customer and is at the customer's expense. Express repairs are chargeable according to the valid service price list of the Company. The Company shall not be liable if the agreed duration of the service cannot be met. Collection dates will be announced to the Customer by the Company by telephone or in writing.

13. data protection

The provisions of the Swiss Data Protection Act are applied. The stored data will not be made available to third parties. The company does not store credit card data. The customer agrees to the processing of his data within the company. The customer is obliged to treat his access data confidentially and not to pass it on to third parties. The Company does not assume any responsibility for any misuse of the Customer's access data. 

14. Applicable law and place of jurisdiction

The provisions of Swiss law shall apply. Swiss law is also applicable if the customer is domiciled or has its registered office abroad, or if delivery is to be made abroad. The place of jurisdiction for all claims (subject to deviating mandatory places of jurisdiction under federal law) in connection with contractual agreements shall be Freienbach.