General Terms and Conditions
Terms of Service
1. General Provisions
The following general terms and conditions ( GTC) in the version available on the Internet at the time of the order. AYA Trading GmbH does not recognize any conditions that deviate from the applicable General Terms and Conditions; it hereby expressly and fully contradicts them. Conflicting terms and conditions of the customer are only valid if AYA Trading GmbH has expressly agreed to them in writing beforehand.
These general terms and conditions are sent to the customer by e-mail with the confirmation of receipt of the order. It is recommended that you read these General Terms and Conditions before placing an order and print them out or download them as a PDF document from the website and save them.
The online shop offer of AYA Trading GmbH applies exclusively to customers based in the countries specified in the order form. Customers from other countries cannot be served until further notice. AYA Trading GmbH is entitled to withdraw from the contract at any time.
3. Conclusion of contract
The purchase contract in the online shop of AYA Trading GmbH comes into effect when our order confirmation is delivered. AYA Trading GmbH reserves the right to refuse orders.
All information about products available in our online shop, such as technical data, ingredients, illustrations, sizes or information on areas of application and specifications, etc. are non-binding and can change at any time unless they are expressly designated as binding.
The offers of the online shop are non-binding. You can select the desired goods from the offer and place them in the shopping cart. Until the order is placed, you have the option of changing the contents of the shopping cart or emptying the shopping cart in whole or in part. By clicking the "Buy" button, you submit a binding offer to AYA Trading GmbH to conclude a contract. At the same time, you accept the General Terms and Conditions of AYA Trading GmbH.
The contract language is German. However, all information available on the website, such as product descriptions, can also be viewed in English.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping cart. The receipt of your order is confirmed together with the acceptance of the order immediately after it has been sent by automated e-mail. With this e-mail confirmation, the purchase contract has come about.
AYA Trading GmbH saves the text of the contract and sends you the order data by email.
4. Right of Withdrawal
You have a fourteen-day withdrawal. With regard to the requirements and legal consequences of the right of cancellation, reference is made to the cancellation policy.
4.1. cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (AYA Trading GmbH, Weidstrasse 12, 8803 Rüschlikon, Switzerland, firstname.lastname@example.org) of your decision by means of a clear statement (e.g. a letter sent by post or e-mail). to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
4.2. revocation consequences
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
For returns please use the following addresses:
Customers from Switzerland and the Principality of Liechtenstein use
AYA Trading Ltd
Customers from Germany or other countries of the EU or outside use
c/o reference order number (e.g.: ZF012345678)
Sülzenbrücker Str. 7
The contract is concluded at the price stated on the AYA Trading GmbH website and in the shipping confirmation. Before completing the ordering process, you will receive an order overview that contains the final price of the order as well as the delivery and shipping costs.
Orders from Switzerland are shipped from Switzerland. Invoices are issued with the statutory value-added tax.
For orders from Germany and all other EU countries, shipping is from Germany, no customs duties and no other activities are incurred. Invoicing may include the statutory value-added tax.
For orders from a non-EU country, additional customs duties, fees and an import sales tax may apply, depending on the allowances of the destination countries. With the customs tariff number "33072000" you will find the duties and fees for orders from non-EU countries here. You can find more information on import sales tax here.
The goods remain the property of AYA Trading GmbH until all claims have been paid in full. The withholding or offsetting of payments due to any counterclaims is not permitted, unless the claims are legally established or recognized by us in writing.
All provided payment methods are handled by Mollie BV, located at 1015 CW Amsterdam, The Netherlands. When paying by credit card, the card details are forwarded to the card-issuing company. Payment is made immediately upon completion of the order, provided the payment is authorized by the credit card company.
The ordered products are delivered to the delivery address specified by the customer when ordering. The period stated on the website is binding, provided that such a period has been agreed.
AYA Trading GmbH reserves the right to withdraw from the contract if the product ordered is not in stock or not available. If you have already made payment before AYA Trading GmbH withdraws from the contract, this will be refunded to you.
In the event of default in acceptance or a delay in delivery for which you are responsible (e.g. incorrect or incomplete address information, breach of duties to cooperate), AYA Trading GmbH is entitled to charge you for the direct damage. The proof of a higher damage and the legal claims (in particular reimbursement of additional expenses) remain unaffected; however, the lump sum is to be offset against further monetary claims. You remain entitled to prove that AYA Trading GmbH suffered no damage or a significantly lower damage than the flat rate incurred as a result of the default in acceptance or the delay in delivery.
Statutory warranty rights apply to all goods from our shop. AYA Trading GmbH guarantees that the products offered have the agreed quality, are suitable for normal use and are free of material defects.
The warranty periods are:
for defects that occur within one year of delivery of the goods, the statutory limitation period of 2 years from delivery of the goods can be asserted.
claims for defects are excluded in the case of defects that only occur after one year from the delivery of the goods.
Within the scope of the warranty, the buyer has only the following rights:
Reduction of the purchase price
Cancellation of the contract
We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.
9. Special Provisions for Business Customers
The provisions on the right of withdrawal in these general terms and conditions do not apply to business customers.
The warranty period for business customers is 12 months. Defects must be reported to AYA Trading GmbH immediately, no later than two weeks after receipt of the delivery. Otherwise, claims for defects are excluded.
Liability towards business customers only exists in the event of a breach of essential contractual obligations. Liability for slight negligence and the violation of insignificant obligations is excluded. The shortening of the warranty period does not apply to the assumption of a guarantee, the assurance of properties or the fraudulent concealment of defects and for damage resulting from injury to life, limb, health or in the case of mandatory statutory regulations.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. This also applies in the event of any regulatory gaps. Instead of the ineffective or missing provision, the permissible regulation that corresponds to the original economic and legal purpose of these general terms and conditions as far as possible applies.
10. Governing Law and Jurisdiction
Contracts concluded with AYA Trading GmbH on the basis of these General Terms and Conditions are subject to Swiss law to the exclusion of international agreements, in particular the Vienna Sales Convention.
The registered office of AYA Trading GmbH in Rüschlikon, Zurich, is agreed as the exclusive place of jurisdiction.
This agreement only applies to private customers unless mandatory provisions of the country in which the customer has his registered office or habitual residence exclude a choice of jurisdiction or the applicable law for contracts with private customers.
For private customers, the place of jurisdiction for proceedings against them is their place of residence. In this case, contracts are subject to the law of the country in which the customer has his registered office or habitual residence, insofar as Swiss law deviates from the law that applies at his place of residence to the detriment of the customer.
10.1. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here . We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de is responsible.