Terms of service

1. Scope and Contracting Party
1.1 These General Terms and Conditions (“GTC”) apply to all contracts concluded between ph. International GmbH (hereinafter referred to as the “Seller”) and customers via the online shops of ph. International GmbH (currently available at: www.ka-ex.eu
). The offers in the online shop are aimed exclusively at consumers in Switzerland and Liechtenstein.

1.2 Any contractual terms deviating from these, in particular those declared applicable by the customer together with the order, shall only be valid if and to the extent that they have been expressly accepted by the Seller in writing. Written form also includes forms that allow proof by text (in particular email).

1.3 The Seller reserves the right to amend these GTC at any time. The version of the GTC available on the website at the time of the order shall apply.

2. Conclusion of Contract
2.1 The presentations on the product detail pages in the online shop constitute an offer to conclude a purchase contract. Despite the greatest possible care, errors cannot be completely ruled out, and the Seller cannot guarantee that all information in the offers is correct and up to date. The offers are therefore always subject to the condition that the Seller actually has the products in stock and that the offer does not contain any errors.

2.2 A purchase contract between the Seller and the customer is concluded when the customer has entered all data required for the execution of the contract and clicked the “Order Now” or “Order with obligation to pay” button (hereinafter “Order”). Submitting the binding order constitutes acceptance of the offer to conclude a purchase contract for the products listed on the order page, under the conditions specified there and according to the data recorded there. However, the contract is subject to the condition subsequent that, at the time of preparing the shipment, the Seller has the products in stock and does not identify any errors underlying the accepted offer.

2.3 Until the order button is clicked, the customer can select products without obligation and place them in the shopping cart. Before submitting the order, the customer can change the order data at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again on the order overview page before the binding submission of the order.

2.4 After placing the order, the customer receives an automatic order confirmation by email, which once again lists the contents of the order. This automatic message does not constitute confirmation that the ordered products can actually be delivered; it merely documents that the order has been received by the Seller and that the purchase contract has been concluded under the aforementioned conditions and these GTC.

2.5 If ordered products are not available or if the offer was based on an error, the Seller will inform the customer as quickly as possible and may offer alternative products. If the customer rejects these products, the Seller will refund any payments already made in the corresponding amount.

3. Exclusion of Right of Return and Incorrect Deliveries
3.1 The Seller does not grant a right of return for beverages and other food products. Only defective products will be accepted under the warranty conditions (see section 8 below).

3.2 If products other than those ordered are delivered by mistake, the customer must inform the Seller immediately, and the parties will agree on how to proceed.

4. Prices and Payment Terms
4.1 The Seller’s stated prices include statutory VAT and other price components. Shipping costs are shown separately.

4.2 The Seller reserves the right to change prices at any time. Subject to errors, the prices displayed to the customer when adding the product to the shopping cart shall apply.

4.3 Various payment methods are available to the customer as indicated in the Seller’s online shop. The Seller reserves the right not to offer certain payment methods for each order and to refer to other payment methods. Any costs of money transactions arising from the relationship between the customer and their payment service providers shall be borne by the customer. The Seller does not charge payment fees.

4.5 Set-off against claims that have not been recognized or legally established is excluded.

4.6 The terms specified at the time of issuance apply primarily to the redemption of vouchers. Gift vouchers cannot be split and can only be redeemed for their full amount. Cash payment is excluded. Lost or stolen gift vouchers cannot be replaced.

5. Delivery and Shipping Conditions
5.1 The Seller will dispatch the ordered products within the time specified in the online shop or, if none is specified, within 2 to 6 working days (excluding Saturdays) to the delivery address provided by the customer. The Seller will make every effort to meet the stated delivery times; however, compliance cannot be guaranteed in all cases, and liability for damages caused by delays is excluded.

5.2 Delivery is generally carried out by DHL or another transport service provider. Upon proper handover of the products to the transport service provider and initiation of delivery, the Seller’s main obligation is fulfilled, and the risk of accidental loss or deterioration of the sold products passes to the buyer.

5.3 If delivery fails even after a repeated delivery attempt, the Seller may withdraw from the purchase contract and charge the customer for the costs of the failed delivery.

6. Retention of Title
Ordered products remain the property of the Seller until full payment has been made. The Seller is entitled to make a corresponding entry in the retention of title register before or after delivery of the products. Prior to full payment, pledging, transfer by way of security, processing, or modification without the Seller’s express written consent is not permitted.

7. Warranty
7.1 The customer must check the delivered products for completeness and damage and report any recognizable defects to the Seller immediately. Notification must be made by email to info@ka-ex.com
, including a detailed description and photos of the defect. If notification is not made in time, the products shall be deemed accepted. Acceptance is deemed to have occurred in any case if no complaint is made within ten days of delivery. Defects not identifiable during proper inspection must be reported immediately after discovery; otherwise, the products are also deemed accepted with regard to these defects.

7.2 The defective product must be returned to the Seller’s address (see section 1 above) together with a copy of the invoice. Transport costs are borne by the customer but will be reimbursed if a defect is confirmed.

7.3 Upon proper return of defective goods, the Seller will, after inspection, send a replacement item if available. If no replacement is available, the total purchase price paid (excluding shipping costs) and the return shipping costs will be refunded by credit note. Refunds are always made using the payment method used for the purchase.

8. Liability
The Seller’s contractual and non-contractual liability for slight negligence in connection with the operation of the websites, the online shop, and the offering and delivery of products is excluded. Liability for auxiliary persons and substitutes is completely excluded. This exclusion applies in particular to damages resulting from non-performance or delayed performance of delivery obligations, as well as indirect, consequential damages and loss of profit. Mandatory provisions of applicable law remain reserved.

9. Data Protection
The Seller’s privacy policy applies to the processing of personal data in connection with the use of the website and orders in the online shop. By agreeing to these GTC, the customer confirms that they have taken note of the privacy policy.

10. Applicable Law and Jurisdiction
10.1 All legal relationships between the parties in connection with the online shop are governed by substantive Swiss law, excluding conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.

10.2 The ordinary courts at the Seller’s registered office shall have exclusive jurisdiction over all disputes arising from contracts between the Seller and the customers.

10.3 Mandatory statutory provisions and places of jurisdiction remain reserved.

11. Final Provision
Should any provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions that most closely reflect the economic purpose of the invalid provisions.