1 Validity and definitions of terms
1.1 Suchmich Ltd., Laimatt 3, Switzerland (hereafter "we" or "KADDZ") operates an online shop for physical and digital goods on the website www.kaddz.com. The following terms and conditions apply to all services between us and our customers (hereafter: "customer" or "you") in their version valid at the time of the order, unless otherwise expressly agreed.
1.2 For the purposes of these terms and conditions, the "consumer" is any natural person who concludes a legal transaction for purposes that can not be attributed primarily to their commercial or independent professional activity. "Entrepreneur" is a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership with the capacity to acquire rights and liabilities.
2 Formation of the contract
2.1 The following provisions regarding the conclusion of the contract apply to orders via our online shop at www.kaddz.com.
2.2 Our product presentations on the internet are not binding and present no binding offer to conclude a contract.
2.3 The following rules apply to the receipt of an order in our online shop: The customer makes a binding contract offer by successfully passing through the order procedure provided for in our online shop. The order is made in the following steps:
- Selection of the desired product, the digital goods,
- Adding the products by clicking on the corresponding button (for example, "Add to cart", "To shopping bag" or similar),
- Checking the details in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (eg "Continue to checkout", "Continue to pay", "To order overview" or similar),
- Input / verification of address and contact details, choice of payment method, confirmation of terms and conditions and cancellation policy,
- Completion of the order by pressing the button "buy now". This represents your binding order.
- The contract is concluded by sending us an order confirmation from us within three working days to the specified e-mail address.
2.4 In the case of a concluded contract, the contract is concluded with Suchmich Ltd., Laimatt 3, Switzerland.
2.5 Before ordering, the contract data can be printed or electronically saved via the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC, and the cancellation policy, takes place via e-mail after the order has been triggered by you, partly automated. We do not save the content of the contract after the conclusion of the contract.
2.6 Input errors can be corrected using a standard keyboard, mouse, and browser functions (such as the browser's back button). They may also be corrected by aborting the order process, closing the browser window, and repeating the process.
2.7 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You, therefore, have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured, and, in particular, that no SPAM filters prevent this.
3 Subject of the contract and essential characteristics of the products
3.1 Subject matter of the contract for our online shop is:
- The sale of physical goods. You can find the specific goods offered on our article pages.
- The sale of digital goods, e.g. software or media downloads. You can find the specific digital goods offered on our article pages.
3.2 The agreed characteristics of the goods and digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
3.3 The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
4 Prices, shipping costs, and delivery
4.1 The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.
4.2 The respective purchase price must be paid before the delivery of the product (advance payment) unless we explicitly offer the purchase by invoice. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for immediate payment.
4.3 In addition to the prices quoted, shipping costs may apply for the delivery of products, unless the respective item is shown as free of charge. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system and on the order summary.
4.4 All products offered are unless clearly stated otherwise in the product description, ready to ship (delivery time: 5-10 days after receipt of payment, depending on destination and availability).
4.5 All items are delivered worldwide: shipment and delivery
5 Updates, obligations of the consumer to cooperate
5.1 Insofar as a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the customer shall be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
5.2 We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
5.3 The time period in which updates are provided depends on the type of item purchased and is explained in the item description.
5.4 Consumers are informed about the provision of updates as well as their proper installation.
5.5 The customer is obliged to install provided updates properly according to the installation instructions.
6 Reservation of proprietary rights, right of retention
6.1 You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
6.2 The goods remain our property until the purchase price has been paid in full.
7 Right of withdrawal
As a consumer, you have the right to withdraw. This depends on our cancellation policy.
7.1 Subject to the following exceptions, our liability for breaches of contractual obligation and unauthorized actions is limited to intent or gross negligence.
7.2 We are liable without limitation for slight negligence in the event of injury to life, limb, health, or breach of a contractual obligation. In the event of negligently delayed delivery of service, or the delivery of service has become impossible, or if we have violated a contractual obligation, the liability for damage to property and pecuniary loss attributable thereto is limited to the contractually foreseeable damage. An essential contractual obligation is one of which fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the compliance which you may constantly rely on. In particular, this includes our duty to act on and perform the contractually agreed service, which is described in section 3.
8.3 If, when purchasing a good with digital elements or when purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been provided to him and of whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the absence of this update.
9 Contract language
The contract language is German or English.
10 Warranty/customer service
10.1 The warranty is governed by statutory provisions.
10.2 As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
10.3 Our customer service for questions and complaints is available Monday to Friday from 8 a.m. to 5 p.m. via email (firstname.lastname@example.org).
11 Final provisions/dispute settlement
11.1 Swiss law applies. For consumers, this choice of law applies only insofar as it does not remove the protection granted by mandatory provisions of the law in the state of the consumer's habitual residence (favourability principle).
11.2 The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.
11.3 If the customer is a merchant, a legal entity under public law, or a public special asset, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
11.4 The European Commission provides an online dispute resolution (OS) platform, available at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.