General Terms & Conditions
Applicability of the conditions
The general terms and conditions (hereinafter referred to as "GTC") apply to all orders and contracts (hereinafter referred to as "order") concluded via koikichi.ch Tschumi (hereinafter referred to as "koikichi.ch").
koikichi.ch reserves the right to change the terms and conditions. The version of the General Terms and Conditions applicable at the time of the order is decisive.
Offer and conclusion of contract
The offer is aimed at natural and legal persons. All offers on advertisements and price lists are non-binding. An order is only binding for koikichi.ch when it is confirmed in written form by koikichi.ch. Properties of the products offered may differ and are therefore only to be understood as guidelines unless they are expressly designated as binding. If a product is no longer available, koikichi.ch reserves the right to withdraw from the contract. Any payments made will of course be reimbursed.
The prices are in Swiss Francs, including VAT and, if applicable, including an early recycling fee ("vRG"). The decisive factor is the price in the online shop at the time of the order. koikichi.ch reserves the right to withdraw from the contract in the event of any errors in the data in the online shop. For deliveries abroad, additional costs related to transport, customs or similar may be incurred, which will be charged by koikichi.ch or the responsible body.
Delivery abroad is not guaranteed and must be explicitly confirmed by koikichi.ch.
The delivery times are kept as short as possible. Nevertheless, delivery is subject to availability. The delivery time is subject to change.
Live animals must be picked up on site.
If the goods cannot be delivered, any additional costs may be charged to the buyer. This applies in particular to deliveries by forwarding agents.
If the buyer refuses to accept the delivery after a specified period or declares that he/she does not want to accept the delivery, koikichi.ch can refuse to fulfill the contract and demand compensation for non-performance. Koikichi.ch is eligible to request either a flat rate of 25% of the agreed purchase price or the reimbuirsement of the damage actually caused by the buyer as compensation.
Payment must be made within 10 days of the order unless otherwise noted. The delivery is fundamentally at the expense of the buyer, unless expressly agreed otherwise. Payment is only deemed to have been made when koikichi.ch can dispose of the full amount. If the buyer is in default, koikichi.ch is entitled to charge interest of 5% from that point in time. From the time of the delay, koikichi.ch is entitled to withdraw from the contract at any time, to demand the returned goods and to claim damages if the contract lapses.
Reservation of Koi
When reserving koi, a deposit of at least 50% is agreed. The customer is entitled to a refund if the koi dies or is no longer available for other reasons. If the customer withdraws from the contract, the payment already made is non-refundable.
Retention of title
The goods remain the property of koikichi.ch until full payment.
Defects / Exchange
The buyer undertakes to check the goods upon receipt and to report defects to koikichi.ch in written form within 5 days and, if requested, to provide appropriate evidence (pictures). No liability is accepted for defects reported too late.
Koikichi.ch assumes no liability for damage in transit. These must be requested from the buyer directly to the transport company.
The postage for any return, for the purpose of exchanging or remedying the defects, will be taken over by the buyer.
Exchange / return only possible in the event of defects, incorrect delivery or defective goods.
In principle, the products are subject to the statutory warranty. However, the warranty can be rejected in special cases if the defects are due to improper handling. This applies in particular to operating and maintenance instructions as well as the use of parts or consumables that do not meet the original specifications. Insignificant deviations from the guaranteed properties of the products do not constitute any warranty claims. Liability for consumables, feed, water care products, medicines and the like, accessories, batteries / rechargeable batteries, illuminants, quartz glasses, animals and normal wear and tear are excluded. Warranty claims are only available to the direct buyer and are not transferable.
Limitation of liability
Claims for damages from the impossibility of performance, from fault at the conclusion of the contract, from breach of contract and from unlawful acts are excluded both against koikichi.ch and against partners of koikichi.ch who carry out work for them unless deliberate or grossly negligent action is involved. No liability is accepted for consequential damage or manufacturing defects in products that are not produced in-house. In particular, when buying animals, all warranty and liability claims, in particular also for secondary damage due to illness, are expressly excluded.
Koikichi.ch is entitled to process customer data in accordance with federal law on data protection (DSG). Personal data will be treated confidentially and will not be passed on to third parties. An exception to this is the purpose of direct delivery of the ordered goods from an external warehouse or through a partner of koikichi.ch, which means that the delivery address or the necessary information for shipping is required.
In addition, we refer in particular to the detailed information on data protection and the cookie guidelines, which you can find in the online shop here.
Applicable Law and Jurisdiction
Substantive Swiss law applies to the legal relationship between koikichi.ch and customers, excluding conflict of law norms and the Vienna Sales Convention.
The place of jurisdiction for natural and legal persons is Oberbuchsiten.
Oberbuchsiten, January 2020