Terms of service
General Terms and Conditions of Business
1 Scope of application
The General Terms and Conditions (hereinafter referred to as “GTC”) of råvi GmbH (hereinafter referred to as “råvi”) apply to all legal transactions concluded via the online shop lillapomp.ch of råvi GmbH (hereinafter referred to as “online shop”).
råvi reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply. The offer of products in the online shop (hereinafter referred to as “offer”) is aimed exclusively at customers resident in Switzerland.
2 Information
2.1 Product and price
The illustrations of products and associated information are compiled in the online shop as customer-friendly as possible, but are not legally binding. The prices are net, in Swiss francs, including value added tax (VAT). råvi reserves the right to change the prices at any time. The price in the online shop at the time of the order is decisive.
2.2 Availability and delivery time
råvi strives to provide up-to-date and accurate information on availability and delivery times in the online shop. However, there may be delays in delivery, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.
3 Conclusion of contract
The products and prices in the online shop are deemed to be an offer. However, this offer is always subject to the resolutory condition that the contract is cancelled if delivery is not possible or if the price is incorrect. The contract is concluded as soon as the customer places their order in the online shop (hereinafter referred to as the “contract”). The arrival of an online order is indicated to the customer by means of an automatically generated confirmation order sent to the e-mail address provided. Receipt of the automatically generated confirmation order does not constitute a promise that the product can actually be delivered. The confirmation order merely indicates that the order placed has been received by the online shop and that the contract has therefore been concluded subject to availability and correct pricing.
If one of the above (resolutory) conditions occurs, the contract is cancelled immediately and without the involvement of the parties. We will inform our customers of such a cancellation immediately. If the product has already been handed over, ownership shall automatically revert to råvi and the customer shall be obliged to return the product (with reimbursement of the price paid by råvi). If the product has not yet been handed over, the customer shall neither be obliged to pay the purchase price nor to take delivery. As a result of such a cancellation of the contract, råvi shall not be obliged to make a replacement delivery.
4 Delivery date
The customer shall be informed of a provisional delivery date with the order confirmation. If råvi is in default of delivery, the customer shall (except in the case of special orders) be entitled to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In this case, råvi shall refund to the customer any amounts already paid in advance. There shall be no further claims and/or compensation for damages against råvi.
5 Duty of the customer to inspect
Delivered products must be checked for correctness, completeness and any transport damage immediately upon receipt. Any defects (obvious or hidden) in the products must be reported to råvi by the customer immediately, but at the latest within 7 calendar days of receipt of the products. In order to process a claim, the products must be kept in their original packaging and must not be used until råvi has contacted the customer.
6 Liability, exclusion of liability and warranty
6.1 Claims for damages arising from non-delivery, from breach of contract, from culpa in contrahendo and from unauthorised action are, with the exception of intentional or grossly negligent acts, completely excluded against råvi and against the vicarious agents and assistants of råvi.
6.2 Any liability for indirect damage and consequential damage resulting from the use, defective performance or loss of performance of goods supplied by råvi shall not be assumed by råvi.
6.3 råvi warrants that the products are undamaged at the time of despatch. råvi accepts no liability for damage caused during transport. Products that have been damaged during shipment (and this can be proven beyond doubt by the customer) or lost during transport may be replaced by råvi at its discretion, provided that the customer notifies råvi by e-mail of the defect or loss within 7 days of receipt of the goods or, in the case of loss, within 7 days of the order. If råvi so wishes, the customer must also immediately return the delivered products to råvi in their original packaging.
6.4 Furthermore, råvi shall be liable to the customer for damages if and to the extent that such liability of råvi is mandatory under the Product Liability Act.
6.5 Any further warranty for the delivered products and any liability for damage caused by these products shall be excluded, unless råvi has fraudulently concealed the relevant product defects. However, if råvi is able to assert further warranty claims against its producers for the product in question, råvi shall, to the extent possible, assign these claims to the customer at the customer's request. råvi assumes no responsibility, however, for the successful enforcement of these claims. The same shall apply to any claims which råvi may assert against Swiss Post for damage incurred during transport.
6.6 In particular, råvi does not warrant that the products are suitable for the use intended by the customer or that they will produce a specific result. Also excluded from the warranty are damages for which the purchaser himself is responsible, e.g. as a result of improper use of the product, or damages caused by external influences for which the seller is not responsible, e.g. damages occurring during transport.
7 Payment
The customer undertakes to pay using the payment methods provided by råvi. Payments must be made in Swiss francs. The accepted means of payment are those shown in the shopping basket checkout. After the purchase, a receipt is sent to the customer by e-mail and the order is compiled at råvi and prepared for dispatch.
Products delivered to the customer remain the property of råvi until the purchase price has been paid in full. The customer grants råvi the right to enter any retention of title in the retention of title register.
8 Default of payment
If the customer fails to fulfil its payment obligations in whole or in part, all outstanding amounts owed shall become due immediately. råvi reserves the right to suspend all deliveries. In addition, råvi reserves the right to cancel the affected orders. This cancellation of the contract shall take effect automatically and without prior notice eight days after råvi has unsuccessfully sent the customer a request for payment.
råvi may charge a reminder fee of CHF 20.00 from the 2nd reminder and the associated manual costs. In addition, råvi reserves the right to forward collection procedures to an agency to be determined by råvi. The customer may incur additional costs if the matter is passed on to a collection agency. These costs shall amount to a minimum additional CHF 50.00.
råvi may make the ‘invoice’ payment option available as a new payment option at any time and remove it from customers who are known to be in default of payment or in other circumstances that reduce their creditworthiness. In this case, such customers can only place orders using the credit card payment option.
9 Change of order or cancellation
Orders oblige the customer to pay the full purchase price immediately and to accept the products. Any additional services will be indicated to the customer in writing when the order is placed. Subsequent changes to or cancellations of orders placed by the customer may be accepted by råvi at its own discretion and a handling fee of 20% of the cancelled order value, but at least CHF 20, plus any loss in value of the cancelled products since they were ordered, may be charged. If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract in accordance with Art. 3 of these GTCs, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. Further claims and/or compensation for damages due to delayed delivery or cancellation of delivery are excluded.
10 Return of faultless goods
The return of faultless goods or a partial refund for returned products is at the discretion of råvi and can also be refused completely. Goods ordered especially for customers or goods for which a discount has been granted are excluded from return or exchange. Products are returned at the customer's expense and risk and must be returned within 14 days of receipt of the products. The products must be sent to the address given on www.lillapomp.ch under ‘Contact’. The products must be properly packed in their original packaging. Damaged products will not be taken back.
11 Discount vouchers
råvi may issue so-called discount vouchers. These vouchers may be subject to a minimum order value. This can be seen on the discount voucher itself. Discount vouchers cannot be accumulated. This means that only one voucher can be redeemed per purchase.
12 Data protection
12.1 Use of data
The online shop can be visited without providing personal details. råvi only stores access data without personal reference. This data is analysed exclusively to improve our offer and does not allow any conclusions to be drawn about a person. Personal data is only collected if it is provided voluntarily when you order goods or register for our newsletter. We use the data without your separate consent exclusively for the fulfilment and processing of the order. Once the contract has been fully processed and the purchase price has been paid in full, the data will be blocked for further use and deleted after expiry of the tax and commercial law regulations, unless further use of the data has been authorised.
12.1 Forwarding of personal data
Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. To process payments, we pass on your payment data to the credit institution commissioned with the payment.
12.2 Right to information
According to the Swiss Data Protection Act (DSG), you have the right to free information about your stored data and, if necessary, the right to correct, block or delete this data. If you have any questions regarding the use or collection of personal data, the correction, blocking or deletion of data or the revocation of consent, please write to contact@lillapomp.ch.
13 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
14 Place of jurisdiction and applicable law
The place of jurisdiction is Zug. The contract is subject to Swiss law to the exclusion of the Vienna Sales Convention.
råvi GmbH
Waldhof 3
6300 Zug
UID: CHE-327.164.699