Terms and Conditions
For all orders and reservations in the webshop at www.elpumps.com or www.garden.shop, the following terms and conditions apply exclusively. Conflicting or deviating conditions of the customer will not be part of the contract even if ELPUMPS carries out the delivery without reservation.
2. Customer Service / Contractual Partner
Inquiries can be made by mail ( firstname.lastname@example.org), by phone +41 78 720 7720 or by post to the postal address to the operator. The operator reserves the right to record calls for quality assurance.
3. Product information
The products are sold and supplied as specified, with ELPUMPS reserving minor deviations, technical advancements and changes of packaging. Printing errors, model changes, color and structure deviations in the product description of the advertising media are reserved. Incidentally, the disclaimer published on the website applies.
4. Prices and delivery costs
The prices per product are in Swiss Francs (CHF) and include VAT.
5. Conclusion of the contract
The product images and information in the webshop do not constitute a binding offer, but an invitation to submit a binding purchase offer by the customer.
By clicking on the button "order now", the customer makes a binding offer to purchase the products collected in the shopping cart and accepts the present terms and conditions.
The order confirmation will be displayed on the website. In addition, the customer receives an order confirmation by e-mail to the specified address.
The order confirmation and GTC are not saved for the customer and therefore can not be called later. If the customer wants to view these documents later, he must save them himself.
The purchase contract comes with access of the ordered products at the customer. If, despite careful planning, a product is not available exceptionally, ELPUMPS reserves the right not to terminate the contract. The customer will be informed in writing in each case. For partial cancellations as well as complete cancellations the corresponding purchase amount will be refunded.
6. Changes and cancellations of orders
The customer can not change orders already placed in the customer account or cancel them. In this case the customer service should be contacted immediately. There may be additional costs which can be charged to the customer.
7. Terms of payment
The various payment options are published on the website (Help / FAQ) and explained in detail. ELPUMPS reserves the right to exclude certain payment methods in individual cases or to offer new payment methods and to charge any fees.
The payment amount is due immediately. Cash payment is not possible in the webshop. When paying with a debit or credit card as well as with other payment methods (TWINT, etc.) the payment amount will be charged at the time of order.
The ordered products will be shipped only after payment has been confirmed. The customer is aware that the delivery times for payment against payment in advance according to the receipt of payment delayed.
Offsetting or withholding due to claims of the customer are excluded, unless the counterclaim was undisputed or legally established. In case of payment difficulties of the customer, which lead to a danger of the payment claim, in particular with delay of payment, ELPUMPS is entitled to carry out further deliveries and achievements only against prepayment or adequate security. At the same time, ELPUMPS is entitled to demand payment of all deferred claims immediately and to set off against counterclaims. The same applies if it subsequently turns out that the financial circumstances of the customer were not suitable for the granting of a loan when the contract was concluded.
Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).
8. Delivery service / delivery dates
Deliveries are made to the delivery address specified by the customer in Switzerland and Liechtenstein, unloaded free of curbside (dispatch purchase) or to the next with a truck (40 t) reachable place. Transport to the point of use / storage is the responsibility of the customer. ELPUMPS reserves the right to make partial deliveries. Deliveries to other countries are not possible.
The approximate delivery time for shipping within Switzerland and Liechtenstein will be communicated during the ordering process. Delivery and service dates are subject to the timely self-delivery, as far as the delay or non-delivery by suppliers is not responsible for ELPUMPS. Force majeure, including strike, lockout, blockade, fire, traffic disruption, disruption of energy and raw material supply, emergency situations and other governmental measures not attributable to ELPUMPS shall extend the delivery times reasonably. Insofar as the delivery becomes wholly or partially impossible or unreasonable, ELPUMPS is entitled to withdraw. The circumstances mentioned do not trigger any claims for damages of the buyer.
9. Inspection obligation of the customer
The customer must inspect delivered or picked up products immediately for correctness, completeness and delivery damages. For forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damages, incorrect and incomplete deliveries for products and services are to be reported to the customer service within 7 calendar days from the time of collection or delivery.
Such a product may not be put into operation by the customer. He has to keep it as received in the original packaging and to follow the instructions of the customer service for the return procedure.
10. Exchange guarantee (right of return)
ELPUMPS grants each customer a replacement guarantee, according to which false or over-bought products can be exchanged within 30 days from the date of purchase on presentation of proof of purchase (receipt, invoice) in the ELPUMPS shop in Switzerland or by email ( email@example.com). In this case, the customer receives a credit in the amount of the purchase price.
Prerequisite for the exchange guarantee is that the products are in the original packaging and presented intact, resp. be sent back.
The contractual exchange guarantee is excluded when purchasing perishable products and special orders of the customer, which are manufactured for him according to his specifications as well as the products marked as "order product" in the ELPUMPS catalog.
The ELPUMPS Low Price Guarantee does not apply to online purchases in the ELPUMPS Webshop. If an ELPUMPS guarantee is given in the webshop, it is valid for the specified period, calculated from handover of the product to the customer. The respective guarantee refers to the freedom from defects of the product. Batteries, batteries, bulbs and wear parts are excluded from the warranty.
Defects of a product which occur during the warranty period are either eliminated by ELPUMPS (repair), replaced by an equivalent product or the purchase price is refunded upon return of the products.
Excluded are defects, malfunctions and signs of wear and tear that are due to normal wear and tear, improper handling or faulty maintenance. Opening the device housing voids the warranty.
The guarantee is valid for Switzerland and Liechtenstein and can be applied to all official Elpumps service partners upon presentation of the product and proof of purchase (receipt, invoice). Further claims can not be derived from the guarantee. The legal guarantee and warranty rights of the customer according to the Code of Obligations remain unaffected.
When handling the purchased ELPUMPS products, the manufacturer's instructions and instructions as well as the information on the packaging must be observed. Defective equipment and machinery must be taken out of service immediately.
The liability of ELPUMPS and its vicarious agents is in each case limited to intent, gross negligence and breach of essential contractual obligations. In the case of negligent breach of essential contractual obligations, the liability is limited to the foreseeable typical damage. Claims for injury to life, body and health as well as product liability claims remain unaffected. Further liability claims are waived to the extent permitted by law.
13. Retention of title
ELPUMPS retains ownership of the delivered products and services until receipt of all payments from the purchase, delivery and service contracts with the customer. Insofar as the value of all security interests exceeds the amount of all claims against the buyer by more than 20%, ELPUMPS will release a corresponding part of the security interests at the request of the customer. The customer can only assert a right of retention if the counterclaims are undisputed or have been legally established.
14. Applicable Law / Jurisdiction
Swiss law applies. The jurisdiction is Lucerne.