GTC

www.shisha-heaven.ch | An online store of Digital Heaven GmbH

Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you (hereinafter "customer") and Digital Heaven GmbH, Länggstrasse 17, CH-8308 Illnau (hereinafter "Shisha-Heaven" or "seller"). As part of the ordering process, you accept the GTC in the version valid at the time the order is placed. All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.

1.2 Our range of goods is aimed exclusively at customers with a habitual residence and a delivery address in Switzerland.

Product offer and conclusion of contract

2.1 All information on products in our catalogs or on our website is subject to change. The offer to conclude a purchase contract is made by the customer. The customer remains bound to the order for one week. The contract becomes binding if we accept the customer's offer within the period specified in section 2.3.

2.2 After submitting an online order, the customer receives an automated e-mail to the e-mail address provided in which we confirm receipt of the order (order confirmation). The order confirmation merely serves as information that we have received the order.

2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (dispatch confirmation) or, at the latest, by delivering the goods.

2.4 The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also conclusively defines the scope of services.

2.5 If the customer wishes to order 10 or more units of individual products, he is requested to contact Digital Heaven GmbH or the representative of www.shisha-heaven.ch. Items that exceed an order quantity of 10 units are accepted by Shisha-Heaven as a quote request from the customer. Shisha-Heaven will then contact the customer regarding their quote request. Digital Heaven GmbH is not obliged to fulfill the order.

Prices and terms of payment

3.1 All prices are gross prices in Swiss francs (CHF) including VAT, any advance recycling fees and copyright levies. The prices, conditions and vintages stated on the website are subject to change, with the effective date being the date of the order

3.2 Any transportation costs will be charged separately and communicated to the customer in advance.

3.3 Payment of the purchase price can be made using one of the payment methods listed at www.shisha-heaven.ch.

3.4 All electronic payment methods will be debited immediately.

Purchase on account with installment facility (PowerPay)

As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase on account". With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept the GTC of POWERPAY in addition to our GTC. (powerpay.ch/en/agb).

Late payment - reminder - debt collection

In the case of delivery on account, the purchase price is due within 14 days of delivery of the goods. If payment is not made within this period, the customer shall be in default.

1.1 Powerpay shall send the customer a written reminder in the event of default. The following fees are due with the reminder:

Administration fees per invoice | CHF 2.90
1st reminder | CHF 18.- *
2nd reminder | CHF 28.- *
3rd reminder | CHF 38.- *
Collection transfer | CHF 50.- *

* The fees and costs stated are maximum amounts. Powerpay reserves the right to deviate from this.

If the outstanding amount is not paid even after the last reminder, the claim will be pursued. Powerpay will hand over the claim to infoscore Inkasso AG, Ifangstrasse 8, CH-8952 Schlieren for debt collection.

All detailed information can be found in Powerpay's General Terms and Conditions .

Terms of delivery

4.1 Shisha-Heaven restricts deliveries to the territory of Switzerland. Deliveries are made directly to the delivery address and contact person specified by the buyer.

4.2 Delivery shall be subject to timely and proper delivery to us by our suppliers. In the event of force majeure such as strikes and other labor disputes, riots, war, natural disasters as well as delivery stoppages by the manufacturer or upstream suppliers, there shall be no delay in delivery. The vendor shall not be liable for delays in delivery caused by manufacturers or third parties.

4.3 If not all ordered goods are in stock, we are entitled to make partial deliveries. Should it become apparent after conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.

4.4 Our performance is a debt to be discharged at the time of delivery to the carrier. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We are not responsible for any fault on the part of the transport company used.

4.5 The delivery times stated in the online store or in our order confirmation in accordance with Clause 2.3. are calculated from the time of our order confirmation.

4.6 Protection of minors: Our products may only be purchased by persons over the age of 18.

Retention of title

5.1 The delivered goods remain the property of Digital Heaven GmbH until full payment has been made. The latter is entitled to make a corresponding entry in the retention of title register. If the customer defaults on payment of the purchase price, Digital Heaven GmbH is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.

Duty to inspect and give notice of defects, liability for defects

6.1 The customer is obliged to inspect the delivered products as soon as it is feasible in the ordinary course of business and to notify our customer service department of any defects immediately at [email protected]. If you fail to do so, the products shall be deemed to have been approved. Approval shall in any case be deemed to have taken place if the customer has not submitted a complaint by e-mail to customer service within 5 days of delivery.

6.2 Defects that were not recognizable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after discovery by e-mail to [email protected], otherwise the ordered products shall also be deemed approved with regard to these defects.

6.3 The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The transportation costs incurred shall be borne by the customer.

6.4 We provide a warranty by remedying defects. This is done at our discretion either by subsequent performance, i.e. rectification of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

6.5 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. The customer's right to a reduction in price is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO), etc.

6.6 The warranty does not cover normal wear and tear or the consequences of improper handling or damage or manipulation of the product by the buyer or third parties, or defects attributable to external circumstances. In particular, worn, soiled or damaged items are excluded from the warranty.

6.7 The customer shall only receive further guarantees in the legal sense from www.shisha-heaven.ch for specific products and by individual agreement. Manufacturer warranties remain unaffected by this. The customer's warranty claim expires in the event of repairs by unauthorized service centers. The warranty certificate and/or proof of purchase (invoice) must be kept in a safe place. Failure to do so will invalidate any warranty claim.

6.8 The seller assumes no liability for the descriptions of third parties, in particular customers in the context of the customer reviews published in the online store or our social media presence.

Right of return

7.1 The customer may return the goods received within four weeks, stating the reasons, by returning the goods. The period begins after receipt of the goods. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods) can you also declare the return by requesting the return in text form.

7.2 Timely dispatch of the goods or the request to take back the goods shall be sufficient to meet the deadline. The return shipment or the return request must be sent to:

Digital Heaven GmbH
Länggstrasse 17
CH-8308 Illnau

7.3 The goods must be returned in their original packaging, complete with all accessories and accompanied by the completed delivery note/return bill and any warranty certificate. Sealed and plastic-welded products can only be returned in an unopened condition. Any seal must not be broken. Food is excluded from the right of return.

7.4 In the event of an effective return, the services received by both parties must be refunded and any benefits derived (e.g. advantages of use) surrendered. If the goods have deteriorated, compensation may be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a store, for example. Returns are to be sent back to us at the customer's expense.

7.5 The shipping costs of the order will not be refunded in the event of a return.

Guarantee and liability (bring-in/send-in guarantee)

8.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the Buyer - irrespective of the legal grounds - are excluded to the extent permitted by law. The seller, its auxiliary persons and any vicarious agents shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the buyer.

Intellectual property

9.1 Shisha-Heaven reserves all rights for every design, every text, every graphic. Copying or other reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order at www.shisha-heaven. The name Shisha-Heaven, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or trade names of Digital Heaven GmbH. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. Shisha-Heaven reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of the owner company Digital Heaven GmbH before passing them on to third parties.

Data protection

10.1 The collection and processing of customers' personal data by Shisha-Heaven is explained in the privacy policy. This forms an integral contractual component of these GTC. The privacy policy is available at https://shisha-heaven.ch/datenschutz/.

Final provisions

11.1 Should individual provisions of these GTC be invalid or incomplete or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the original intention and the economic purpose of the invalid provision.

11.2 All amendments or additions to these GTC must be made in a form that permits proof by text, such as fax and e-mail. This also applies to a change to the written form requirement. As soon as the customer makes use of the seller's services after the amendment, he implicitly agrees to the new GTC. The binding version of the GTC can be viewed and printed at https://shisha-heaven.ch/agb.

11.3 Any other contractual terms and conditions of the customer, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and insofar as they have been expressly accepted by the seller in writing.

Place of jurisdiction and applicable law

12.1 Swiss law shall apply exclusively, excluding the conflict of laws provisions of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the registered office of the seller

Digital Heaven GmbH
Länggstrasse 17
8308 Illnau
Switzerland

Phone: +41 (0) 41 543 50 70
E-mail: [email protected]

Legal form: Limited liability company
Commercial register number: CH-150.4.477.634-0
UID/MWST: CHE-148.059.073

Stansstad, 15.03.2024