- GTC & Legal Notice
Area of applicability
These general terms and conditions of business apply to the whole of the area of commercial activities of Canis Stellar GmbH (hereinafter “company”). The company offers various products for animal owners on its website for purchase.
Conclusion of the contract
The contract will be concluded by means of the confirmation of the company of the agreement relating to the purchase of products by the customer. The contract will always come into existence if the customer orders the products offered by the company via our online shop or purchases these directly.
In reservation of other offers, all prices are stated in Swiss francs (CHF). All prices are exclusive of any applicable value added tax and exclusive of any additional taxes which are due, as well as exclusive of any packaging and shipping costs.
The company reserves the right to alter the prices at any time. The valid prices on the website of the company at the time of conclusion of the contract shall apply.
The company offers the customer the following payment options: credit card, PayPal
The company offers its products for sale, rent or other use via an online platform and requires payment electronically during the order process (credit card or PayPal).
Setting off the sum owed against any claim of the customer against the company is not permitted. The company has the right to refuse the delivery of service provision in case of payment default.
Obligations of the company
The delivery takes place within 5 (five) working days of receipt of the order. Should timely delivery not be possible, the customer will be informed by the company within 3 (three) working days of receipt of the order, and the new delivery date will be communicated.
In reservation of an agreement to the contrary, the place of business of the company is hereby agreed to be the place of performance. The company provides performance by means of handover of the ordered products to the agreed shipping company. Should no shipping company be agreed, the company shall be free to select one. The agreed delivery costs may not be increased due to the selection of the shipping company.
The parties have the express right to engage assistants in order to fulfil their contractual obligations. The parties must ensure that the selection of the assistants takes place in compliance with all mandatory statutory provisions and any collective employment contracts.
Responsibility of the customer
The company endeavours to only offer goods to its customers which meet the highest quality requirements. However, the customers are responsible for clarifying any intolerances on the part of their pets. The company cannot assume any liability for allergic reactions on the part of the pet. In addition, the customers are obliged to read the instructions provided and to only use the goods in accordance with the intended purpose prescribed by the company. The customers also declare their agreement that they will only allow their pets to come into contact with the toys of the company under supervision.
An exchange of products is excluded as a rule.
The statutory warranty provisions shall apply, for a maximum duration of 24 (twenty-four) months.
Any defects must be notified to the company immediately. The company shall be free to decide whether the defective product is repaired or replaced. Only if a replacement or repair is not possible will the customer be entitled to a reduction of the purchase price or a refund. The claim to reimbursement of costs in case of repairs by a third party is hereby being excluded. During the time of the repair, the customer is not entitled to a replacement product. The warranty will start to run again for the repaired element. The original warranty period will continue to run for the remaining elements of the product.
Liability for any indirect losses and consequential losses connected to defects is fully excluded. Liability for direct losses is limited to the purchase price of the product. The above limitation of liability does not apply to direct losses which are caused due to gross negligence or intent. The customer is obliged to immediately inform the company of any losses. Liability for assistants is fully excluded.
Intellectual property rights
All rights in relation to the products, services and any trademarks shall be due to the company, or it is entitled to use these by the owner. Neither these general terms and conditions of business nor associated individual agreements include the assignment of any intellectual property rights unless expressly stated. In addition, any additional use, publication or disclosure of information, pictures, texts or other materials which the customer receives in connection with these provisions is prohibited, unless expressly agreed by the company. Should the customer use content, texts or picture materials in connection with the company in relation to which a third party has a property right, the customer must ensure that no third-party property rights are breached.
The company may process and use the data which is gathered within the framework of conclusion of the contract in order to fulfil the obligations under it. The company will take the measures which are necessary in order to secure the data in accordance with the statutory regulations. The customer hereby declares his or her full agreement to the saving and use of his or her data by the company in accordance with the contract and is aware that the company is obliged and permitted following the order of a court or authority to provide such a court or authority or third parties with information relating to the customer. Should the customer not have expressly prohibited such, the customer may use the data for marketing purposes. The data which is necessary to fulfil the service can also be passed on to engaged service partners or other third parties.
In addition, the data protection provisions are applicable.
These general terms and conditions of business can be altered by the company at any time.
The new version shall take effect 30 (thirty) days following publication on the website (www.canisstellar.com) by the company. As a rule, the version of the general terms and conditions of business which is valid at the time of conclusion of the contract applies to our customers, unless the customer has agreed to a more up-to-date version of these.
These general terms and conditions of business shall take priority over previous provisions and contracts. Only provisions from individual contracts which specify the provisions of these general terms and conditions of business shall take priority over these general terms and conditions of business.
Should one of the provisions of this contract or of its enclosures be or become invalid, this shall not affect the validity of the remainder of the agreement. The contracting parties shall replace the ineffective provision by an effective clause which comes as close as possible to the intended economic purpose of the ineffective provision. The same applies to any contractual loopholes.
Both parties and their assistants shall be obliged to treat confidentially all information which is provided or acquired in connection with the services. This obligation shall continue to apply after the contract has come to an end.
Should timely fulfilment by the company, its suppliers or engaged third parties become impossible due to force majeure, such as natural disaster, earthquakes, volcanic eruptions, avalanches, adverse weather conditions, storms, war, civil disturbances and civil war, revolutions and riots, terrorism, sabotage, strikes, nuclear accidents or damage to nuclear reactors, the company shall be released from fulfilment of the obligations concerned for the duration of the force majeure and for a reasonable start-up period after the force majeure has come to an end. Should the force majeure last for longer than 30 (thirty) days, the company can rescind the contract. The customer must fully refund the customer any payments which have already been made.
Any further claims, in particular damages claims due to force majeure, shall be excluded.
Applicable law/place of jurisdiction
These general terms and conditions of business shall be subject to Swiss law. Unless otherwise provided for by mandatory statutory provisions, the court at the place of business of the company shall have jurisdiction. The company is free to bring a lawsuit at the place of business of the defendant. The United Nations Convention governing the International Sale of Goods (SR 0.221.211.1) is hereby being explicitly excluded.
Canis Stellar GmbH