Terms of service
Cauchemar.ch contains information about products and services. Prices and product range as well as technical changes are subject to change without notice. All information on cauchemar.ch (product descriptions, images, illustrations, films, dimensions, and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. Cauchemar.ch makes every effort to ensure that all details and information on this website are correct, complete, up to date and clearly presented, but cauchmar.ch can give no guarantee of this, either expressly or implicitly.
All offers on this website are subject to change and are not to be understood as a binding offer.
Cauchmar.ch cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
3.prices
The sales prices stated on cauchmar.ch represent final prices and include, unless otherwise stated, the statutory value added tax and any other statutory charges. The prices are net prices in Swiss Francs (CHF).
Shipping costs, if any, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and misprints are reserved, in particular cauchmar.ch can make price changes at any time and without prior notice.
Conclusion of contract
The products and prices on this website are non-binding offers.
By placing an order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. Cauchmar.ch will then send an automatic order confirmation by email, which confirms that the offer of the customer has been received by cauchmar.ch. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as cauchmar.ch sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders will only be shipped after full payment has been received and if the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in full, cauchmar.ch is entitled not to accept or to execute the order or only partially. In such a case cauchmar.ch will inform the customer by email. If the customer's payment has already been received by cauchmar.ch, the payment will be refunded to the customer. If no payment has been made, the customer will be released from the obligation to pay.
4.Payment options and retention of title
The customer has the choice of the payment options indicated in the order process.
Cauchmar.ch reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.
The products delivered to the customer remain the property of cauchmar.ch until full payment has been received.
5. delivery, obligation to check, notice of defects and return
The deliveries are sent by Swiss post to the address indicated by the customer in the order.
Cauchmar.ch tries to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are not binding.
If the delivery is not deliverable or if the customer refuses to accept the delivery, cauchmar.ch can cancel the contract after a notification by email to the customer and under observance of a reasonable period of grace as well as charge the costs for the inconvenience.
The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which cauchmar.ch is liable immediately in writing by letter or email to the address in the imprint.
6.warranty
It is at the discretion of cauchmar.ch to provide warranty by free repair, equivalent replacement or by refund of the purchase price. Further warranty rights are excluded.
Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty.
Cauchmar.ch makes no representations or warranties as to the timeliness, completeness or accuracy of the information, or as to the continuous or uninterrupted availability of the web site, its features, integrated hyperlinks or other content. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by cauchmar.ch.
7.liability
Cauchmar.ch excludes any liability, irrespective of its legal basis, as well as claims for damages against cauchmar.ch and against any auxiliary persons and vicarious agents. In particular, cauchmar.ch shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage or pure financial loss of the customer. Cauchmar.ch reserves the right to further mandatory legal liability, e.g. for gross negligence or unlawful intent.
Cauchmar.ch uses hyperlinks only for the purpose of facilitating the customer's access to other websites. Cauchmar.ch can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
8. claims for damages
Unfortunately, we cannot accept claims for damages due to errors in illustrations, prices and texts. We ask for your understanding.
9.data protection
Cauchmar.ch may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the fulfillment of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
10.partial invalidity
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
11.further provisions
Cauchmar.ch expressly reserves the right to modify these Terms at any time without notice.
In the event of any dispute, Swiss substantive law shall apply exclusively, to the exclusion of conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
Place of jurisdiction is Zurich.
12.Contact
If you have any questions about these terms and conditions, please contact: cauchmar.ch/pages/imprint
Zurich, September 14, 2024