General terms and conditions (GTC)
a) The following general terms and conditions (“GTC”) of Wafe Technology GmbH (“Wafe”) apply to all services and products (“products”) of Wafe. Any natural person or corporate entity which establishes a business relationship with Wafe is regarded as a customer.
b) The deliveries, services and offers provided by Wafe are solely based on the GTC at hand even if they are not explicitly reaffirmed. By ordering of products or services these GTC are deemed accepted. Deviations from the GTC are only effective if they are confirmed by Wafe in written form.
2. Quotation and ordering
a) The products of Wafe can be bought in the online shop or in defined selling points. A list of the different selling points can be found on the website.
b) The quotations in the online shop, selling points, on price lists, on offers and in advertisements are not binding. Orders are only accepted through our online shop.
c) All details in our sales documentation (e.g. images, dimensions, weights and other characteristics) are meant to be guide values and are not a warrant for the specified characteristics, unless these characteristics are unmistakeably declared as binding in written form.
d) During the ordering process Wafe will confirm the receiving of the order by sending a confirmation e-mail. This order confirmation is for informing the customer that the order was received by Wafe.
3. Prices and shipping fees / payments
a) All prices specified include the Swiss VAT.
b) When ordering through the online shop, there might be a surcharge depending on the method of payment.
c) The shipping fees are not included and during the ordering process they will be separately listed as a surcharge. These fees vary depending on the order quantity and on the delivery address.
d) When ordering through the online shop the aggregate amount with the shipping fees and possible surcharge will be visible before definitely placing your order.
e) The payment is to be made either by paying into the bank account of Wafe or by using a credit card as provided by the online shop.
f) In the defined selling points the price is visible on the packaging or is stated by the shop employees. The payment methods are down to the technical possibilities of the different shops.
a) Wafe delivers to customers situated in Switzerland or the Principality of Liechtenstein, as well as the European area.
b) If the ordered articles are available from stock, the shipping takes place within 3-5 business days after receipt of the money or after the successful payment via credit card. If the articles are not available from stock, the customer will be informed about the possible date of delivery. If the delivery should be delayed for more than 14 days, the customer is entitled to cancelation of the order via registered letter. Already made payments will be refunded (not including the shipping cost and also not including any surcharges when paying via credit card). If the payment was made via credit card, the refunded amount will be added to the credit balance. Else, if you paid in advance, the amount will be refunded via bank transfer. In that case either a payment slip must be included in the letter or there must be other information stating the account into which you want the money to be transferred.
c) Any wrong deliveries (wrong product, wrong quantity) must be reported to Wafe in written form immediately on receipt. Other complaints concerning damage to the goods, delay, loss or bad packaging must also be reported immediately on receipt.
5. Guarantee / Warranty
a) Wafe guarantees that the warming effect occurs while continuously walking according to the measurements in the laboratory. Wafe explicitly states, that there is no heat production without movement.
b) Wafe does not provide a guarantee that the individual customer will have warm feet while using the insole. The sensation of warm feet is depending on many factors. Apart from the quality of the shoes used, there are many other influencing factors. The sensation of heat is ultimately only a subjective appraisal of one’s wellbeing.
c) Claims against Wafe can only be made by the original buyer and cannot be transferred.
6. Disclaimer of liability and limitation of liability
a) Claims for damages against Wafe resulting from impossibility of performance, from breach of contract, from culpa in contrahendo (precontractual liability) and from unlawful acts are excluded, insofar as these claims are not a result of a deliberate or grossly negligent act.
b) Liability shall be excluded in particular for the consequences arising from the usage of the purchased products.
c) A liability for normal wear is excluded.
d) The abovementioned disclaimer of liability also applies to any legal representative or vicarious agent of Wafe provided that the customer asserts claims against them.
7. Right to return
a) If the customer returns the purchased articles within 14 days in the original packaging in an impeccable and undamaged condition, the selling price will be refunded. The cost for the shipping of the return takes place at the expense of the buyer. A declaration of the reason for the return would be appreciated, but is not mandatory. If the payment was made via credit card, the refunded amount will be added to the credit balance. Else, if you paid in advance, the amount will be refunded via bank transfer. In that case either a payment slip must be included in the return package or there must be other information stating the account into which you want the money to be transferred.
b) In case of a return, Wafe refunds the selling price (not including the shipping cost and also not including any surcharges when paying via credit card).
a) Wafe is entitled to process data about the buyer collected in the context of the business relation, no matter if the data originated from the buyer itself or from a third party, within the meaning of the "Bundesgesetz über den Datenschutz (DSG)" (Swiss federal Law about data privacy).
9. Severability clause
a) If a clause of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other clause of this agreement; or the validity or enforceability in other jurisdictions of that or any other clauses of this agreement.
10. Place of jurisdiction
a) Zürich, Switzerland is the only place of jurisdiction for all disputes, directly or indirectly arising from this contractual relationship. The legal relationship is subject to Swiss law.
Ottenbach, November 2012 / V1b