General Terms and Conditions of Qendra «Gjenocidi në Kosovë – Plagë e Hapur»

1. Scope
The following general terms and conditions (GTC) apply to all legal transactions concluded with Qendra “Gjenocidi në Kosovë – Plagë e Hapur” (hereinafter referred to as “seller”) via the online shop www.kosovogenocide.com (hereinafter referred to as “online shop”). These terms and conditions are bindingly accepted when an order is placed. The seller reserves the right to change these terms and conditions at any time. The version valid at the time of the order is decisive.

2. Offer
The products and prices in the online shop are considered an offer. The offer is valid as long as the product can be found in the online shop and is in stock. If an item is no longer available or deliverable, the seller can withdraw from the contract without compensation. In this case, the purchase price already paid will be refunded to the buyer (hereinafter referred to simply as “the buyer” or “the customer”).

3. Products and Prices
The seller can set the 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, the seller reserves the right to inform the buyer of this before shipment in order to agree on a price correction or to cancel the order. All prices are given in Swiss francs including VAT. The shipping and packaging costs are calculated and shown separately from the offer price. The stated shipping costs for parcels relate exclusively to the shipping of the items within Switzerland with B Mail, under the usual transport conditions of the post office and/or other parcel service providers. Any additional costs incurred by the selected logistics partner are fully borne by the buyer.

4. Presentation
The presentation of the articles in the online shop is non-binding and subject to change. The seller endeavors to keep the data published in the online shop up to date and correct. However, there may be delays in delivery due to production/delivery bottlenecks and sales via other channels. Therefore, all information on availability and delivery time is not guaranteed and can change at any time. The seller assumes no liability whatsoever for the correctness or topicality of the information provided by other manufacturers or distributors, even if this has been carefully researched. Small deviations compared to the exhibit, deviations from photos in structure or colors, deviations compared to the Internet or the catalog are unavoidable for technical reasons. These remain reserved insofar as they are in the nature of the materials used (paper and textile products). In the case of paper, textiles, leather, etc., color shades and creases are natural and customary.

5. Conclusion of contract
The purchase contract is concluded when the order is sent (online) and accepted by the seller. A prerequisite for a valid purchase contract is the complete and truthful completion of the information provided on the Internet.

Order form and accepting the present general terms and conditions (GTC – online shop). The receipt of the order is confirmed by the seller with an automatically generated order confirmation by e-mail. This only shows the customer that the order has arrived and that the purchase contract has been concluded under the condition of delivery and the correct price.

6. Terms of Delivery

6.1 Availability and Delivery
When shipping, the goods will be delivered by post as quickly as possible after receipt of payment – or in the case of purchase on account after receipt of the order. If a product is not in stock or is incorrectly marked as “available”, the customer will be informed by email or telephone and a new provisional delivery or collection date will be agreed. The seller endeavors to make subsequent deliveries as quickly as possible. Delay in delivery never leads to a price reduction.
If an item is no longer available and can no longer be procured or produced by the seller, the seller can withdraw from the contract, but must reimburse the customer in full for payments already made for the product in question. If the delivery period is exceeded by more than 3 working weeks, the customer has the right to withdraw from the contract within 5 days by notifying the seller in writing. Payments already made by the buyer to the seller for the product in question will be fully refunded. There are no further claims against the seller.
If additional shipping costs arise due to an incorrect delivery address or incorrect address data, these costs are fully borne by the buyer.
Unless otherwise agreed, the seller sends national and international orders with Swiss Post. The provisions, information and delivery times of Swiss Post apply.

6.2 Additional Provisions Delivery
If the customer does not accept the goods delivered by the supplier within the agreed or specified delivery times, the seller can withdraw from the contract, cancel the order and charge the customer a processing fee of 15%, but at least CHF 30.00.

7. Inspection obligation
The delivered products are to be checked by the buyer for completeness, correctness and delivery damage immediately after acceptance. In the case of defective or defective products, we grant a right of return of 7 days after receipt of the goods. The seller must be informed immediately and before the goods are returned. The return must be in perfect condition, neatly packaged and at the expense of the buyer.

8. Warranty Terms and Benefits
The seller sells articles from other manufacturers. The seller has no influence on the durability and functionality of the products or the guarantees of other manufacturers. The manufacturer’s warranty information therefore applies, provided that it is valid in Switzerland. For the rest, the Swiss statutory warranty provisions according to Art. 197 ff. OR apply.
A warranty claim can only be asserted by the customer upon presentation of the purchase contract including a valid order form.
There is no warranty claim for damage caused by improper handling or defects that can be attributed to external influences. This could be, for example, elemental damage, moisture damage, fall and impact damage or damage caused by modifications.
The seller can provide the warranty service by replacing the product as good as new.

9. Liability and Disclaimer
The seller is only liable for the guarantee services listed under Section 8. Any further liability is excluded, in particular liability for damage that has not occurred to the products themselves. This can be indirect and indirect damage and consequential damage such as lost profit, unrealized savings, or damage from delay in delivery. In addition, the seller is not liable for damage caused by improper storage.

10. Payment
For products that are delivered or ordered, payment is made in advance, on account, by PayPal or by credit card. After receipt of payment, the shipment or procurement of the item will be processed immediately. Invoices are payable net within 10 days. If paying by credit or debit card or PayPal, the charge will be made after the last delivery.

11. Default of Payment
All customers who have entered a valid e-mail address in the online shop will receive a payment reminder by e-mail. From the first reminder, a reminder fee of CHF 5.00 per reminder will be charged due to the associated increased manual effort. The seller also reserves the right not or no longer to offer the payment option “on account” to a customer if circumstances become known that could affect the customer’s ability to pay (e.g. default in payment, poor creditworthiness, etc.).

12. Exchange/Misdelivery
A right of return only exists in the event of incorrect delivery. Small color differences cannot be avoided for production reasons. Items with technical changes that do not have a negative impact on function and quality are also excluded from return. However, liability is limited to replacement delivery. Claims for cancellation of the contract or reduction of the remuneration are excluded if a replacement delivery is possible within a reasonable period of time. In the event of incorrect deliveries, the seller must be notified immediately. In the event of incorrect delivery, the goods in question must be returned to the seller in the original packaging within 7 days after prior notification. The exchange of flawless articles is excluded for copyright reasons.

13. Privacy
The seller 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 buyer.

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 applies to the logistics partner (e.g. Post, DHL, etc.) and to the bank (e.g. Stripe, etc.) for payment processing.

14. Applicable Law and Venue
All relationships between the customer and Qendra “Gjenocidi në Kosovë – Plagë e Hapur” are exclusively subject to Swiss law. The place of jurisdiction is the city of Zurich, Canton of Zurich, Switzerland.
Qendra «Gjenocidi në Kosovë – Plagë e Hapur», Version AGB online shop: 01.01.2021