Terms of service
General Terms and Conditions
- General Provisions
All business relationships between AYA Trading GmbH, CH-8803 Rüschlikon and customers of the online shop www.dencaibiza.com (including www.ch.dencaibiza.com and www.uk.dencaibiza.com) are subject exclusively to the following General Terms and Conditions (GTC) of the online version valid at the time an order is placed online. AYA Trading GmbH accepts no conditions that deviate from these prevailing GTC and herewith rejects such conditions expressly and in full. Conflicting general terms and conditions of the customer attain validity only if AYA Trading GmbH has expressly approved of them in advance and in writing.
These General Terms and Conditions are sent to the customer via e-mail with the confirmation of order receipt. It is recommended that the customer reads these General Terms and Conditions prior to placing an order, and that the customer prints the GTC or downloads and saves the PDF document from the web page.
- Scope of Application
The products sold in the online shop of AYA Trading GmbH apply solely to customers with residence in one of the countries listed on the order form. Customers from other countries can currently not be served. AYA Trading GmbH has the right to withdraw from a contract at any time.
- Contract Conclusion
The contract of sale in the online shop of AYA Trading GmbH is concluded upon receipt of the order confirmation. AYA Trading GmbH reserves the right to refuse orders.
All available product information in the online shop, such as technical data, ingredients, images, information on size, or information about use and specifications, etc. are non-binding and may change at any time, unless such information has been expressly described as binding.
All items offered in the online shop are non-binding. The customer selects the desired item and places it in the shopping cart. Up to submitting an order, the customer has the possibility to change the content in the shopping cart or to delete some or all items. By clicking “Buy,” the customer makes AYA Trading GmbH a binding offer for contract conclusion. At the same time, the customer accepts the General Terms and Conditions of AYA Trading GmbH.
The language of the contract is German. All information on the website (for instance, product descriptions) are available in English.
Images of the products in the online shop are not legally binding; they represent a non-binding online catalogue offering. Upon clicking “Buy” customers submit a binding order for the items in the shopping cart. The confirmation of order receipt is sent with the order confirmation via an automatic e-mail reply immediately after the customer submits an order. With this e-mail confirmation, the contract of sale takes effect.
AYA Trading GmbH stores the contract and sends the customer the order details via e-mail.
Items are returned to the following address:
- For customers in Switzerland and Liechtenstein
AYA Trading GmbH
- For customers in Germany, other EU countries, or other countries
c/o Order number reference (e.g.: ZF012345678)
Sülzenbrücker Str. 7
The contract is finalized upon payment of the sum named on the website of AYA Trading GmbH and the delivery confirmation form. Before completing the order, the customer receives an order summary with the final price as well as delivery and shipping costs.
- Orders to customers in Switzerland are shipped from Switzerland. The invoice includes the legal Swiss valued added tax.
- Orders to customers in Germany and other EU countries are shipped from Germany. No customs charges or other fees are levied. Where applicable, the legal value added tax is charged.
- For orders from a non-EU country, additional customs charges, fees, and import taxes may be levied, depending on the tax exemptions granted by the country in question. The customs tariff number 33072000 can be used to learn about customs charges and fees for orders from non-EU countries. Further information on .
Until all debts are paid, the items ordered remain the property of AYA Trading GmbH. Withholding or offsetting payments on the basis of a counterclaim is not permitted unless it is a legally valid claim or a claim that has been acknowledged in writing by AYA Trading GmbH.
All available payment methods are administered by Mollie B.V., 1015 CW Amsterdam, Netherlands. In the case of credit card payments, the credit-card data is transferred to the company issuing the credit card. Payment occurs immediately upon completing an order if the credit card company authorizes the payment.
The ordered items are delivered to the address on the order form specified by the customer. The payment period named on the website is binding if such a period has been agreed.
AYA Trading GmbH reserves the right to withdraw from the contract if the ordered item is out of stock or cannot be delivered. If a customer has paid for an item before AYA Trading GmbH withdraws from the contract, the money will be refunded.
In the case a customer delays accepting an order or causes a delay in delivery (e.g. by giving and incorrect or incomplete address, or in the case of a breach of the obligation to cooperate), AYA Trading GmbH is entitled to invoice the customer for direct damages. This does not affect issues surrounding proof of greater damages and the legally valid claims (in particular, compensation for additional expenses); the lump sum is, however, to be credited against additional monetary claims. The customer retains the right to prove that a delay in accepting an order or a delay in delivery has resulted in no damages or that the damages are substantially lower than the lump sum incurred.
All goods from the shop are under warranty. AYA Trading GmbH guarantees that all products offered have the agreed quality, are suitable for regular use, and have no material defects.
The warranty periods are as follows:
- For defects that arise within 1 year of product delivery, the regular 2-year statute of limitations from date of product delivery applies.
- For defects that arise after 1 year of product delivery, no defects may be claimed.
Within the scope of the warranty, the customer has only the following rights:
- New delivery
- Price reduction
- Withdrawal from contract
AYA Trading GmbH is liable for intent and grave negligence. Further, AYA Trading GmbH is liable for the reckless breach of obligations, the fulfillment of which is the basis for the lawful conclusion of the contract; the breach of which endangers fulfillment of the purpose of the contract; and in the observance of which the customer places his/her trust. In the latter case, however, AYA Trading GmbH is liable solely for foreseeable damages typical for the contract. AYA Trading GmbH is not liable for slight negligence in the breach of obligations other than the examples specified in the preceding sentences.
The present exclusions of liability do not apply in case of injury to
life, limb, and health. Liability in accordance with product liability
law is not affected.
- Special Provisions for Business Clients
The provisions for withdrawal in these General Terms and Conditions do not apply to business clients.
The warranty for business clients is 12 months. Defects must be communicated to AYA Trading GmbH immediately, at the latest 2 weeks after product delivery. Otherwise, all claims for defects are excluded.
Liability vis-à-vis business clients applies solely in the case of
breach of essential contractual obligations. Liability for slight
negligence and the breach of minor obligations is excluded. A reduction
in the warranty period does not apply in the case of the assumption of a
guarantee; the assurance of qualities or the fraudulent concealment of
defects; for damages arising from injury to life, limb, or health; and
in the case of mandatory legal provisions.
Should individual provisions of these General Terms and Conditions be or become invalid in part or in whole, the validity of the other provisions is not affected. This also applies in the case of any omissions. In the place of an invalid or missing provision, the permissible provision that to the largest extent corresponds to the original economic and legal purpose of these General Terms and Conditions applies.
- Applicable Law and Place of 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 sole place of jurisdiction is the seat of AYA Trading GmbH in Rüschlikon, Zurich.
This agreement applies vis-à-vis private customers only if no mandatory provisions of the country in which the customer is domiciled or has habitual residence exclude a choice of jurisdiction or applicable law in the case of contracts with private customers.
The place of jurisdiction in the case of proceedings against private customers is the place of residence of the private customer. In such cases, contracts are subject to the law of the country in which the customer is domiciled or has habitual residence if Swiss law deviates from applicable mandatory provisions of the country of residence and is to the detriment of the customer.
10.1 Dispute Resolution
The European Commission has a platform for online dispute resolution, available via this AYA Trading GmbH is willing to participate in out-of-court arbitration before a consumer arbitration board. The responsible authority is the German General Conciliation Body: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein: www.universalschlichtungsstelle.de.