General terms and conditions (GTC) of Awa Books
1. Scope of application
All legal transactions that are concluded via the online shop www.awabooks.com (hereinafter online shop) fall under the general terms and conditions (hereinafter GTC).
This online shop is run by the sole proprietorship Awa Books (hereinafter Awa Books).
Awa Books reserves the right to change these terms and conditions at any time. The version valid at the time of the order is decisive. This can be viewed at https://awabooks.com/agb-onlineshop.
2. Information on this website
Awa Books endeavors to provide all details and information on this website that are correct, complete, up-to-date and clearly arranged, but Awa Books can neither expressly nor tacitly guarantee this.
All offers on this website are non-binding and are not to be understood as binding offers.
Awa Books cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and can change at any time and without notice.
Awa Books can set prices freely and change them at any time. When ordering, the price published in the online shop is decisive. If prices have been published in error, Awa Books reserves the right to notify the customer (hereinafter referred to as “the customer” for improved reading flow) prior to dispatch in order to agree a price correction or to cancel the order.
All prices are in Swiss francs and include the statutory value added tax. The flat rate shipping costs within Switzerland is between CHF 2.- and CHF 7.- and are displayed separately during the ordering process in the shopping cart, so that the customer can see what shipping costs will be incurred before completing the order.
4. Conclusion of a contract
The products and prices in the online shop are non-binding offers.
By sending the order entered in the online order form, the customer submits a binding offer to conclude a purchase contract, including these terms and conditions. Awa Books then sends an automatic order confirmation via email, which confirms that Awa Books has received the customer's offer. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as Awa Books sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders will only be delivered after full payment has been received and if the goods are available. If it turns out that the ordered goods cannot be delivered or not completely delivered, Awa Books is entitled not to accept or to execute the order or only partially. In such a case, Awa Books will inform the customer by email. If Awa Books has already received the customer's payment, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay.
Awa Books is free to reject offers without giving reasons.
5. Payment options and retention of title
The payment options specified in the order process are available to the customer. Awa Books reserves the right to exclude customers from individual payment options without giving a reason. The products delivered to the customer remain the property of Awa Books until full payment has been made.
6. Delivery, inspection obligation, notification of defects and return
Deliveries are sent by post or courier service to the address specified by the customer in the order.
Awa Books delivers immediately, but no later than 5 working days after receipt of payment. The delivery deadline is met if the goods are dispatched before the deadline expires.
Awa Books delivers only within Switzerland and Liechtenstein. Deliveries abroad are unfortunately not possible.
Due to customs regulations and long shipping routes, the delivery date cannot be precisely foreseen. According to the information provided by Swiss Post AG, the average delivery times to EU countries are approx. 7-14 working days.
If the delivery cannot be delivered or the customer refuses to accept the delivery, Awa Books can terminate the contract after notifying the customer by email and observing a reasonable grace period and invoice the costs for the activities.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects for which Awa Books guarantees immediately in writing by letter or email to the address in the legal notice.
Returns to Awa Books are for the account and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the address given by Awa Books in the imprint.
If the inspection by Awa Books shows that the goods do not have any detectable defects or that these are not covered by the manufacturer's guarantee, Awa Books can invoice the customer for the activities, the return or any disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by email or letter (address according to the imprint) to Awa Books within the deadline. The revocation does not require justification.
Exercising the right of withdrawal leads to the contract being reversed. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address given by Awa Books in the imprint. Returns to Awa Books are for the account and risk of the customer. Any payment that has already been made will be refunded to the customer within 20 calendar days, provided that
Awa Books has already received the goods back or the customer can provide proof of shipment.
Awa Books reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
If the delivered goods are defective at the time of the transfer of risk, e.g. due to a manufacturer's error, or if there is a wrong delivery or an incomplete delivery, Awa Books will either deliver a replacement or cancel the purchase and refund the customer the purchase price.
Awa Books will reimburse the postage of the return in the event of incorrect delivery or delivery of defective goods.
The customer's warranty claim expires if he does not notify us of the defect or the wrong delivery within 14 days of receipt of the goods by email or letter (address according to the imprint).
Awa Books excludes any liability, regardless of its legal basis, as well as claims for damages against Awa Books and any auxiliary persons and vicarious agents. In particular, Awa Books is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal, property or pure financial damage to the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
Awa Books only uses hyperlinks to facilitate customer access to other websites. Awa Books can neither know the content of this website in detail, nor can it accept liability or any other responsibility for the content of these websites.
10. Data protection
Awa Books only collects personal data that is necessary for the conclusion of the contract. These will not be processed further without the separate consent of the customer.
The data will only be passed on to third parties if this is necessary for the processing of the order. In the case of home delivery, this affects the logistics partner (e.g. Post, DHL, etc.) and in the case of payment processing, the bank.
You can find detailed information on data protection in the data protection provisions.
11. Split Validity
Should individual provisions of these terms and conditions prove to be ineffective or unenforceable, or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
12. Place of jurisdiction and applicable law
In the event of a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UN sales law (CISG, Vienna Sales Law) is explicitly excluded.
The following exclusive responsibilities are agreed for all disputes arising from this contract:
If it concerns a complaint by a consumer, the ordinary courts at the domicile or habitual residence of the consumer or at the registered office of the provider are responsible.
In all other cases, the jurisdiction of the ordinary courts in Zurich is agreed.
If you have any questions about these terms and conditions, please contact:
Awa Books, c / o Manee, Wallisellenstrasse 255, 8050 Zurich
As of May 14, 2021