1. Conclusion of contract on the Internet
1.1 The execution of all orders placed with us via the Internet shall be subject to our following terms and conditions of sale and delivery. Deviating agreements shall only be valid if they have been confirmed by us in writing.
Our General Terms and Conditions shall be deemed to have been accepted when an order is placed.
1.2 Upon receipt of your order, you will receive an order confirmation from Wellness Company AG, usually by e-mail. Check the confirmation for obvious spelling and calculation errors as well as for discrepancies between the order, confirmation and delivery. You are obliged to inform us immediately of any such discrepancies. If you or we demand reversal because of a discrepancy, please do not open the goods further. Otherwise, you must bear the resulting loss of value, if no revocation option under the Distance Selling Act. Send the goods back to our address stated on the delivery bill.
1.3 Our offers are non-binding and subject to change. Illustrations may deviate from the actually delivered goods and are only considered as examples. The product information given on the website is based on manufacturer information, for the correctness of which we cannot assume any guarantee.
2. Warranty and liability
2.1 BComplaints of any kind and defects regarding the quality will only be considered if they are made in writing immediately after receipt of the goods, at the latest within 3 days. Customary deviations in e.g. color, equipment, samples etc. and other minor deviations due to production shall not be deemed defects. If the purchaser fails to make a complaint in good time, the goods shall be deemed to have been approved in terms of quality and quantity. Complaints do not release from the obligation to pay. Goods complained about may only be returned to us with our express consent.
If the complaint is made in good time and is acknowledged by the Seller, the latter shall be obliged, at his discretion, either to grant a price reduction, to take back the object of purchase and to deliver similar goods free of defects or to repair the defective object of purchase. Any further claims of the buyer, regardless of their nature, are excluded. Warranty period and claims from the date of invoice and according to the listed warranty information on the invoice. If there is no information, a warranty period of 12 months from the date of invoice. Warranty services are provided only to the extent that the manufacturer of the purchased item has agreed with the seller. In case of technical modifications or adaptations, which were not made by Wellness Company AG, any warranty claim expires. For warranty claims, simply send us a short message, describing your problem as precisely and in detail as possible. We will then contact you immediately.
2.2 Any postage/driving and transport costs arising from warranty claims, regardless of their nature, are generally borne by the customer. Warranty claims refer exclusively to the material and the original purchaser. Fading, discoloration caused by UV radiation or chemical water additives of any kind on or in the whirlpool tub, neck rests, LED lighting, control units, dials, jets, are excluded from the warranty.
2.3 WWe are not liable for water damage caused by the whirlpool tub and recommend consulting your insurance specialist in this regard. The customer is responsible for the suitability of the installation site (ceiling); in case of doubt, we recommend obtaining information from an architect or structural engineer. We accept no liability for any damage that may occur. Non-compliance with the operating guidelines according to the manual will void all warranty claims. Excluded from the warranty are illuminants and objects that have not been properly and professionally installed or handled. Our products are intended exclusively for non-commercial and outdoor use and we are not liable for any damage resulting from improper or commercial use. The liability for errors, typesetting and printing errors is excluded.
3.1 Our information on goods and prices, in the context of the ordering process, are not binding. In the event of a price change, you are entitled to withdraw from the purchase contract.
4.1 We can only accept the methods of payment offered in the order. Our invoices are due and payable within 10 days from the invoice date. If payment is not made within the agreed payment period, the debtor shall be in default with a 1st reminder. The Wellness Company AG reserves the right to charge an additional reminder fee of CHF 10.00 per reminder from the 2nd reminder onwards. After the 3rd and final reminder, the debtor will be pursued and further fees will be incurred, which must be borne by the debtor.
4.2 We reserve the right to supply new customers and customers who were in default of payment only against prepayment. New customers with a purchase value of more than CHF 500.- will only be supplied against advance payment or card payment.
5.1 The goods remain the property of the seller until full payment of all claims, including costs and interest arising from the business relationship.
6.1 Our delivery dates are non-binding and will be met by us as far as possible. Exceeding the delivery date for any reason whatsoever shall not entitle the Buyer to withdraw from the contract or to claim damages from us. Delivery is ex warehouse Rotkreuz plus freight and packaging at the expense of the recipient. The goods travel at the risk of the recipient. Shipments can be insured on request for an additional charge. Transport damages must be reported by the recipient to the post office, courier or forwarding agent immediately upon receipt.
We expressly reserve the right to minor deviations of the articles in shape, color, size or design.
Complaints must be made in writing to the seller within 3 working days. (The date of the postmark is decisive.) After this period, complaints can no longer be processed. Return shipments are at the expense of the buyer. Only goods that are in their original packaging can be returned. If the packaging is missing, the goods will be charged to the buyer normally.
Basically there is no legal right of return in Switzerland, but we grant you a voluntary right of return.
It may happen that a product ordered does not meet the buyer's expectations. You can return items within a period of 14 days. If the invoice has not been paid yet, the invoice amount can be adjusted in consultation with the seller. A voucher will be issued for paid items.
The goods must still be unopened, unused and in their original packaging.
Excluded from return are all pool / spa care products, chemicals and fragrances as well as spa controls and electronics that have been opened (seal broken or packaging torn). Also custom made products can not be returned.
Any returns such as repairs, warranty claims, sample goods etc. must be sent free of charge to the Wellness Company AG, Birkenstrasse 49, 6343 Rotkreuz. In the case of shipments subject to a charge, acceptance shall be refused as a matter of principle.
6.2 The Customer must be present at the time of delivery/installation of whirlpools, swim spas, infrared cabins, saunas, steam showers, pop-up pools, etc., as the product introduction is carried out after commissioning. If the customer is prevented for any reason and the product introduction is carried out at another time, we take the liberty to charge the costs for travel and effort.
7. Right of withdrawal
7.1 You can cancel your online contract declaration within 48 hours without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins at the earliest with the receipt of this instruction. To comply with the revocation period, it is sufficient to send the revocation or the item in time.
Der Widerruf ist zu richten an: Wellness Company AG, Birkenstrasse 49, 6343 Rotkreuz
7.2 Verträge welche im Showroom abgeschlossen wurden können nicht widerrufen werden und sind verbindlich.The right of withdrawal does not apply to goods that have been manufactured according to customer specifications or clearly tailored to personal needs of the customer, which are not suitable for return due to their nature, The right of withdrawal does not apply to goods that have been manufactured according to customer specifications or clearly tailored to personal needs of the customer, which are not suitable for return due to their nature, in the case of delivery of controls or software, if these have been unpacked or unsealed by the customer, as well as in the case of delivery of chemicals and care products if the seal is damaged or if these have been opened.
8. Consequences of revocation
8.1 In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration is exclusively due to their inspection - as it would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refrain from doing anything that could reduce their value. Goods that can be sent by parcel post are to be returned at your expense and risk. You have to bear the cost of return if the delivered goods correspond to the ordered otherwise the return is free of charge for you. Obligations to refund payments must be fulfilled within 30 days after sending your notice of cancellation.
9.1 As the body responsible under data protection regulations, we assure you that the collection, storage, modification, transmission, blocking, deletion and use of your personal data in our company to protect your personal data is always in accordance with the applicable data protection provisions and other legal regulations.
The data provided by you in the course of the ordering process, which you transmit to us by sending your order together with the other data of the order, will be used by us exclusively for business purposes.
If you register for our newsletter, your e-mail address will be used with your consent for our own advertising purposes until you unsubscribe from the newsletter.
10. Jurisdiction and applicable law
10.1 The place of jurisdiction shall be Switzerland. The district court of our registered office shall have jurisdiction for all disputes with Wellness Company AG. The contract shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) of October 2007. We shall also be entitled to bring an action at your general place of jurisdiction.
11. Severability clause
11.1 If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected.