General terms and conditions

1. Applicability and Scope

The following General Terms and Conditions, hereinafter referred to as GTC, apply to all business relationships between the Foundation for Integrated Living and Working, hereinafter referred to as SILEA, and the purchasers of SILEA products, hereinafter referred to as customers. They are applicable as soon as customers purchase or use SILEA services or products, in particular for contracts concluded via the online store at https://kraabe.ch and in other ways (e.g. in SILEA boutiques, by e-mail, telephone or in writing). The GTC can be accessed at https://kraabe.ch.

The Online Shop is operated by:

SILEA Foundation
Hännisweg 3D, 3645 Gwatt/Thun
UID number: CHE-105.800.385
Tel.: +41 33 334 17 17
E-Mail: contact@kraabe.ch

Individual agreements concluded with customers shall take precedence over these GTC. Conflicting conditions of customers are not recognized.
SILEA reserves the right to amend these GTC at any time. All changes become effective with the publication of the new GTC on the website. When purchasing a product, the relevant date for the applicability of the valid GTC is the date on which the binding order is placed with SILEA. Please read these terms and conditions carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions and the privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.

2. Conclusion of a Contract

The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. SILEA expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with SILEA products are for information purposes only and are not binding on SILEA. Customers can place binding orders for the products they have selected via the SILEA online store. Customers can place the products they select in the “shopping cart”. This is not yet considered a binding order. An order shall only be deemed to have been bindingly placed when, at the end of the order process on the order page, the button “Order with costs” is clicked. Before submitting the order, customers can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order. An order confirmation will be sent to customers immediately and automatically by e-mail. This confirmation e-mail contains the order data. The confirmation e-mail only serves as information that SILEA has received the order. The automatic order confirmation does not constitute a purchase contract. By submitting the order, customers confirm that they have read the GTC and agree to them without reservation. SILEA recommends that customers print out or save the GTC on their computer for the purpose of online ordering and documentation. After customers have placed a binding order, SILEA is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards the customer or third parties. Any payment already made will be refunded to the customer. will be refunded when the order is canceled. Reasons for rejecting an order may be, for example, if a product is no longer available or SILEA has not received authorization for payment. Furthermore, if there is reason to believe that the customer is in breach of these GTC or other individual contracts, or is acting fraudulently or with criminal intent. Acceptance of the order creates a binding purchase contract with the customer. Acceptance takes place through the dispatch of the ordered products.

3. Availability and reservation of performance for products not available

All information about the availability, shipping and delivery of a product is preliminary and approximate. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipment or delivery is expressly excluded. SILEA products are available while stocks last. If SILEA discovers during the processing of the order that the ordered products are not available, the customer will be informed immediately. In this case, a contract for the non-deliverable products is not concluded, as the ordered products cannot be delivered. Furthermore, SILEA reserves the right to limit the number of items that can be purchased by a customer. In this case, the customer will be informed accordingly by e-mail.

4. Preise und Versandkosten

The products and prices correspond to those stated on the website. All prices are quoted in CHF (Swiss francs) and include statutory value added tax (VAT). The total price of the order, including all ancillary and shipping costs, is displayed at the end of the order process. Additional customs duties may apply for shipments to countries outside Switzerland. These are not included in the price and are to be paid by the customer. By placing a binding order, customers declare that they agree to the total price for the products ordered. Once a binding order has been placed, the price can no longer be
be adapted. SILEA reserves the right to change prices at any time. The products are invoiced on the basis of the prices offered at the time the binding order is placed.

5. Payment Conditions, Credit Rating

Orders are generally due for payment immediately. Customers can use the payment methods displayed during the ordering process. These may change from time to time and from country to country. In addition, SILEA reserves the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by SILEA. SILEA is expressly authorized by customers to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose. By selecting the payment method, customers authorize the payment either by entering their credit card details or the access data of a payment service provider. Customers authorize SILEA to collect payments in the appropriate manner. In the event of chargebacks, SILEA is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, SILEA shall not be liable for any fees or other amounts that the card issuer or the customer’s bank may charge as a result of processing their payment in accordance with their order. If customers pay with a credit card or alternative payment method, SILEA reserves the right to check the validity of the card, the availability parameters for check the collection and address data and request authorization from the card issuer or payment provider. Furthermore, the customer confirms that the credit card is valid and that the payment details entered are correct. If payment is refused
SILEA reserves the right to cancel the order and to stop shipping the products. In this case, SILEA will contact the customer immediately. When paying by invoice, the customer receives the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, SILEA is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, SILEA will charge an additional processing fee of at least CHF 200.

6. Delivery Conditions

Deliveries are always made via the Swiss Post AG delivery service or couriers such as DHL, TNT etc. The shipping costs for deliveries are charged to the customer. The following delivery services are used for deliveries to the EU: Swiss Post AG or couriers such as DHL, TNT. The costs incurred must be paid by customers in advance.
The products that customers order in the online store and that are in stock are usually delivered by SILEA within 6-8 working days after receipt of full payment, depending on the destination. If the products are marked as not in stock when the order is placed, SILEA will contact the customer.
endeavor to deliver the products as quickly as possible. SILEA makes every effort to meet the stated delivery times. However, SILEA is not responsible for delays in delivery, regardless of their cause. Customers will be informed immediately of any delays in delivery. If the delay in performance lasts more than 3 weeks after the original delivery date, customers are entitled to cancel their order. Further claims, in particular claims for damages, are excluded. Should the delivery of the product fail due to the customer’s fault, SILEA may withdraw from the contract. Any payments made will be refunded, less any costs incurred and processing fees.

7. Retention of title

SILEA remains the owner of the products until they have been paid for in full. SILEA accepts no liability for transport damage. Benefit and risk shall pass to the customer upon dispatch, i.e. at the time the ordered products are handed over to the carrier.

8. Right of revocation and return of goods

8.1 Prerequisites

For all purchases via the online store (with the exception of certain products; see the
Cancellation restrictions below), customers are entitled to a right of withdrawal within 14 days of receipt of the products without giving reasons. Customers or a third party nominated by them may withdraw from the contract within 14 days of receipt of the goods by returning the goods to SILEA or by sending a clear declaration of withdrawal in text form (e.g. a letter sent by post or e-mail) to the address stated under point 9. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of withdrawal are handed over to the post office or another transport company for return or dispatch on the last day.

The prerequisite for exercising the right of withdrawal is that the goods are returned unused, complete and intact, in the original packaging. The goods must be returned to the following address:

Stiftung SILEA, Hännisweg 3D, 3645 Gwatt / Thun

8.2 Consequences of revocation

If the customer withdraws from the contract and returns the goods in due form, SILEA will refund the value of the goods paid (with the exception of the costs arising from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by SILEA) no later than 14 days from the day on which SILEA has received notification of the withdrawal from this contract or the goods have been received by SILEA. The repayment is based on the payment method originally used and is always made to the corresponding account that was used for the payment, unless expressly agreed otherwise with the customer; in no case will fees be charged for this repayment. Customers ensure that they have access to the specified account,
as SILEA accepts no liability in this respect. SILEA may refuse repayment until SILEA has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier. If SILEA receives damaged goods from returns, it is not obliged to make a refund. In this case, customers have the right to dispose of these damaged goods.

8.3 Revocation restrictions

The right of withdrawal does not apply to contracts for the delivery of products that have been individually manufactured according to the customer’s own specifications or that are clearly tailored to the customer’s needs (so-called customer-specific, individualized products) or if the delivery concerns products that are not suitable for return for health or hygienic reasons and whose packaging has been opened

9. Notice of Defects, Warranty

SILEA warrants that the goods correspond to the warranted quality and have no defects that impair their value or their suitability for the intended use. Upon receipt of the products, customers must check them immediately for correctness, completeness and any damage. Defects or damage must be reported to SILEA within 3 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If customers do not report any defects immediately, the goods shall be deemed to be
accepted and the customer is no longer entitled to assert claims against SILEA. SILEA is not liable for damage caused during transportation. The statutory warranty provisions against manufacturing defects/material or production faults apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are consumables and products that have been damaged through the customer’s own fault, e.g. improper use; willful damage; neglected maintenance. The warranty claims of customers shall be limited to replacement delivery or rectification of defects/rework to the exclusion of all other claims, in particular reduction in price or compensation for indirect and consequential damage. SILEA shall decide at its own discretion whether to replace or repair the goods. If subsequent delivery or rectification fails, the customer shall be entitled to withdraw from the contract in the event of significant defects. The customer should address any complaints or service questions to:

SILEA, Hännisweg 3D, 3645 Gwatt / Thun
Tel.: +41 33 334 17 17
E-Mail: contact@kraabe.ch

The defective product must be returned to SILEA at the above address with a copy of the invoice and a detailed description of the defect. The return of a product is at the cost and risk of the customer. Customers are requested to obtain confirmation of the return and to keep the confirmation. Otherwise, the warranty claim cannot be processed in the event of package loss.

10 Complaints and grievances

SILEA attaches great importance to customer satisfaction. Customers can contact SILEA at any time using the contact information provided at the beginning of this document. SILEA endeavors to examine inquiries and complaints as quickly as possible and to contact the customer upon receipt of the documents. SILEA relies on the customer to precisely describe the problem or errors and, if necessary, to provide a copy of the order documents or at least the order number, customer number, etc.

11. Liability

SILEA shall be liable for damages caused and proven by SILEA through unlawful intent or gross negligence in the event of a breach of its own obligations under these GTC and the contractual relationships based on them. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damages include, for example, loss of profit, financial loss, damage to reputation or loss of data due to temporary impairments or interruptions to the availability of SILEA’s services. Furthermore, SILEA accepts no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service. The above exclusions and limitations of liability shall not apply in the event of culpable injury to life, limb or health directly caused by SILEA or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act. The prerequisite is the proper use of the products and compliance with the instructions for use by the customer. Subject to the foregoing, the total liability under these GTC shall be limited to the price of the goods ordered by the customer from SILEA, irrespective of the reason and to the extent permitted by law.

11.1 Event beyond SILEA’s control,
an event occurs which is beyond SILEA’s influence and control (so-called force majeure), SILEA assumes no liability or responsibility for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based on them. An event outside the sphere of influence exists, for example, in the following cases:

In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor vehicle or other means of public or private transportation. Should an event occur outside SILEA’s sphere of influence which affects the fulfillment of obligations under the contract, SILEA shall inform the customer of this as soon as possible.

12. data protection

SILEA collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Weitere Informationen zur Verarbeitung der personenbezogenen Daten unserer Kund*Innen, ihrer Rechte und damit zusammenhängender Fragen finden sich in der Datenschutzerklärung unterhttps://kraabe.ch/datenschutz/, welche einen integrierenden Bestandteil dieser AGB bildet.

13. copyright

The information and content published on the SILEA website are protected by copyright and are the property of SILEA or the respective copyright holder. Reproduction, editing, distribution or any other form of utilization requires the prior written consent of the respective copyright holder. SILEA and the relevant rights holder expressly reserve all rights in this regard.

14. severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

15 Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for natural persons and legal entities is exclusively the registered office of the SILEA Foundation.

Place, date

Gwatt, April 04, 2022