General Terms and Conditions (AGB)
1. Validity
These General Terms and Conditions (GTC) apply to purchase contracts concluded with customers via the Johann Wanner Weihnachtshaus website (www.johannwanner.ch).
2. Conclusion of contract
By submitting the order, the customer recognizes these terms and conditions as solely authoritative for the legal relationship with the provider. Once the order has been successfully sent, you will receive an e-mail confirming the purchase. This confirmation of receipt represents a binding acceptance of the order. The overview page that appears before the order is completed allows the customer to check their details again for input errors and, if there is an input error, to correct it.
Many of the products are no longer manufactured in this form. Johann Wanner Weihnachtshaus reserves the right to reject incoming orders if the number of items ordered exceeds the stock level. This only happens if the stock on the store is incorrect.
3. Delivery
All items are delivered after full payment within 2-4 days in Switzerland, 3-4 weeks in Europe and approx. 8 weeks overseas. Delivery is made to the delivery address specified by the customer. The shipment may take longer due to Corona.
In the event of delays in delivery, e.g. due to force majeure, no claims for compensation can be made.
4. Packaging and shipping costs
The delivery and packaging costs are calculated at checkout. The costs depend on the country of destination of the goods as well as the weight of the purchase.
5. Prices
Prices are quoted in CHF. VAT and processing are included. Shipping costs are charged separately.
The provider reserves the right to change prices at any time. The prices published on the website on the order date apply to customers.
6. Terms of payment and retention of title
Delivery of the ordered goods plus shipping costs will be made after payment in the online store by credit card. If payment has not been made, the goods remain the property of Johann Wanner Weihnachtshaus.
7. Liability and warranty
The buyer must inspect the delivered goods and report any defects within 8 days: +41 61 261 48 26 / info@johannwanner.ch, otherwise the delivery shall be deemed approved.
If there is a defect, the buyer has the option of withdrawing from the contract or demanding a replacement delivery. In any case, a copy of the delivery bill must be enclosed. If subsequent performance is effected by means of a replacement delivery, the customer is obliged to return the goods first delivered within 30 days to
Johann Wanner Christmas House
Spalenberg 14
4051 Basel
to send back.
Most Johann Wanner Christmas House products are mouth-blown and some are 40 years old. Therefore, the products may differ in size, design and color. Deviations from the photo in the Johann Wanner store are a characteristic of the product and do not constitute grounds for complaint. Reasons for color differences can be temperature fluctuations, because the colored material (mostly glass) and the metal alloys can be changed by temperature changes, sweat and sunlight.
The colors of the images may differ from the colors of the actual items. The display depends on the respective settings and different types of hardware and light. Images do not correspond to the original size. Please note the details and descriptions of the individual items.
Obvious defects, including transport damage, must be reported to us immediately, but at the latest within 14 days of receipt of the delivery. We will, at our discretion, rectify the defects free of charge or provide you with an equivalent replacement.
Defects in the goods do not include damage caused by the customer through improper handling or handling contrary to the terms of the contract.
8. Right of withdrawal and consequences of withdrawal
You can revoke your contractual declaration within 14 days of receipt of the goods without giving reasons in text form (e.g. letter, fax, e-mail) or by returning the goods. To comply with the revocation period, it is sufficient to send the goods in good time, including a separate written notification by post or e-mail. The revocation is to be sent to:
Johann Wanner Christmas House
Spalenberg 14
4051 Basel
Consequences of withdrawal
You have to bear the regular costs of the return shipment if the delivered goods correspond to the order. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for Johann Wanner Weihnachtshaus with their receipt.
9. Transfer of risk
The risk shall pass to the buyer upon dispatch of the goods by Johann Wanner Weihnachtshaus.
10. Data protection
The data transmitted by the customer will be used by Johann Wanner Weihnachtshaus exclusively for processing orders and sending greeting cards. All data will be treated as strictly confidential. Data will only be passed on to third parties if this is necessary for order processing. The order data is encrypted and transmitted securely. However, Johann Wanner Weihnachtshaus accepts no liability for data security during transmission via the Internet. Should the customer’s software be out of date, a possible technical error occur on the part of the provider or a possible criminal access by third parties to files on the website, Johann Wanner Weihnachtshaus accepts no liability whatsoever.
11. Exclusion of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability set out in Section 1 are claims for damages due to injury to body or health and claims for damages arising from the breach of material contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) The provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.
12. Copyright
Johann Wanner Weihnachtshaus retains all copyrights and other rights to the website and the content, information, images, videos and databases published via the website (“protected property”). Any modification, reproduction, publication, disclosure to third parties and/or other use of the protected property without the prior written consent of Johann Wanner Weihnachtshaus is expressly prohibited.
13. Validity of the GTC
These General Terms and Conditions are recognized with an order. Should any provision of these General Terms and Conditions be invalid for any reason whatsoever, this shall not affect the validity of the remaining provisions. Verbal agreements require written confirmation.
14. Severability clause
Should one of these provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the intended purpose.
15. Applicable law
Swiss law shall apply to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).