AGB

1 Scope
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the webshop https://shop.maxolen.ch/ (hereinafter referred to as "Webshop"). The webshop is operated by Max Lehner AG (hereinafter referred to as "Max Lehner AG").

Max Lehner AG reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order shall be authoritative in each case and may not be unilaterally changed for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.

The offer of products and services in the web store (hereinafter referred to as "Offer") is directed exclusively at customers domiciled or with their place of business in Switzerland or Liechtenstein.

Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

The offer is valid as long as the product can be found via the search engine in the webshop and/or the stock lasts.

2 Information
2.1 Product and price
Images of products in advertising, brochures, webshop, etc. are for illustrative purposes and are not binding.

All sales prices published in the webshop represent the sales prices without VAT and VOC. The delivery costs of currently CHF 21.50 will be charged additionally. Max Lehner AG reserves the right to change the prices of the products and services offered at any time. The price in the webshop at the time of the order is decisive for the conclusion of the purchase contract.

2.2 Availability and delivery time
Max Lehner AG attaches great importance to providing up-to-date and accurate information on availability and delivery times in the web store. However, due to production or delivery bottlenecks in particular, both Max Lehner AG and the customer may experience delays in delivery. All information on availability and delivery time are therefore without guarantee and may change at any time.

3 Conclusion of contract
The products and prices in the webshop are considered as an offer. However, this offer is always subject to the contract dissolving condition of an impossibility of delivery or an incorrect price quote.

The purchase contract is concluded for products or services of Max Lehner AG with Max Lehner AG as soon as the clientele places its order in the web store, in the branch, by telephone or e-mail (hereinafter referred to as "purchase contract").

Customers can see in the web store and on the invoice who is the supplier and who is the contracting party in the case of a purchase (i.e. Max Lehner AG).

The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from Max Lehner AG to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not contain a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the web store and that the contract with Max Lehner AG has therefore been concluded, subject to the delivery option and the correct price information.

4 Delivery date
The customer will be informed of a provisional delivery date with the order confirmation or the customer will be contacted and an individual delivery date agreed.

If Max Lehner AG is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, Max Lehner AG shall refund to the customer any amounts already paid in advance. There are no further claims against Max Lehner AG.

5 Delivery / Collection
For Max Lehner AG products and services, the customer can either collect the goods from the branch or have them sent to him. If the goods are sent to the customer's address, a delivery fee of currently CHF 21.50 will be charged.

The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer bears the possible additional costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, Max Lehner AG may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.

If the customer does not pick up the products ordered in the branch (branch pickup) within 14 calendar days since the products were ready for pickup in the branch, Max Lehner AG may dissolve (cancel) the contract.

6 Duty of inspection
The customer must immediately inspect delivered or collected products for correctness, completeness and delivery damage.

In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery bill.

Delivery damage, incorrect and incomplete deliveries must be reported to Max Lehner AG within 5 calendar days from the time of collection or delivery. The report must be made in writing. The customer may not put such a product into operation. It must be stored in its original packaging as received.

7 Warranty
7.1 Basic provisions

Max Lehner AG guarantees that the ordered product is free of defects and functional for 2 years after delivery or store pickup. The warranty period continues irrespective of the provision of any warranty services. Max Lehner AG can optionally extend the warranty by:

• free repair (original warranty period continues on entire products);
• partial and complete replacement with an equivalent used/repaired product. (in case of replacement in the 1st year of warranty the original warranty period continues, in case of replacement in the 2nd year of warranty the warranty period is 1 year from the date of replacement);
• Replacement with a new product by Max Lehner AG (new warranty period of 2 years from replacement);
• Credit at the current price, (maximum the selling price at the time of the order);
• or reduction.

Wear parts such as batteries, rechargeable batteries, power cables, adapters, lamps and software problems etc. are excluded from the warranty. In all other respects, the exclusions of liability pursuant to Section 8 apply.

If the manufacturer's warranty exceeds the warranty of Max Lehner AG, Max Lehner AG also grants this warranty to the customer.

When handing over a data carrier or a product with a data storage device contained therein to Max Lehner AG, a complete loss of data must be expected in any case. The customer himself is responsible for a proper data backup and the protection of his data. Max Lehner AG accepts no liability for any loss of data.

Max Lehner AG may, at its own discretion, provide the customer with a replacement device/replacement unit while the warranty claim is being examined (replacement subject to reservation). This is subject to the (suspensive) condition that a warranty claim actually exists. Thus, the customer only acquires ownership of the replacement product at the time of the guarantee promise by Max Lehner AG. In case of rejection of a warranty claim by Max Lehner AG, the customer may purchase the replacement device at the value of the goods at the time of handover, or he is obliged to return the replacement device at his own expense.

All further and in particular the statutory provisions on warranty are excluded.

8 Liability and exclusion of liability
Liability is governed by the applicable statutory provisions. However, Max Lehner AG shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of Max Lehner AG's auxiliary persons or the auxiliary persons. Be this contractual or non-contractual.

Furthermore, Max Lehner AG is not liable for damage that can be attributed to one of the following causes:

• improper, non-contractual or unlawful storage, adjustment or use of the products;
• Use of incompatible spare parts or accessories (e.g. power supply);
• failure to maintain and/or improper modification or repair of the products by the customer or a third party;
• force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which Max Lehner AG is not responsible, and official orders.

9 Payment
9.1 Payment options
All payment claims for products and services purchased via the Max Lehner AG webshops are made directly to the customer by Max Lehner AG.

Payments must be made in Swiss francs.

Cash payment is only possible for Max Lehner AG products in case of store pickup.

The customer can use the payment methods offered in the webshop under "Payment options".

The current payment method charges, which may be levied by Max Lehner AG, can be seen under "Payment options" and are shown in detail in the order process.

When paying by credit card or other instant payment methods, the charge is made when the order is placed.

In the case of payment in advance, delivery will only take place after receipt of payment. The products in the central warehouse of Max Lehner AG are reserved until expiry of the payment period of at least 14 calendar days. This also applies to products which are first ordered externally but processed and shipped via our warehouse.

In the case of a chargeable purchase on account, the customer is obliged to pay the invoice amount within 30 calendar days after receipt of the delivery without any (discount) deduction. In case of partial return of the delivered products, the invoice amount may be reduced accordingly.

9.2 Default of payment
If the clientele fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the clientele to Max Lehner AG under any title shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and Max Lehner AG shall be entitled to claim them immediately and to stop further deliveries of products to the clientele.

Max Lehner AG will charge a handling fee of CHF 10 for the 2nd reminder and CHF 25 for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional effective annual interest of up to 10% on the invoice amount owed from the due date can be charged. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

9.3 Retention of title
Products ordered remain the property of Max Lehner AG until full payment has been made to Max Lehner AG. Max Lehner AG is entitled to make a corresponding entry in the retention of title register. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of Max Lehner AG.

10 Change of order or cancellation
Orders oblige the clientele to accept the products and services. Max Lehner AG may accept subsequent changes or cancellations of orders by the clientele at its own discretion and charge a handling fee of 20% of the cancelled order value, but at least CHF 60, as well as any loss in value of the cancelled products since their order.

If a (partial) delivery impossibility (resolving condition) occurs after an order or the conclusion of the contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delay or failure of delivery are excluded.

11 Repair outside the warranty
The costs for a repair outside the warranty according to section 7 shall be borne by the customer. In the case of devices that do not have any detectable defects or where the defect does not fall under the warranty pursuant to section 7, Max Lehner AG reserves the right to charge the customer for the costs of examining the claimed defect as well as the shipping costs.

12 Further provisions
12.1 Non-assignable and deliverable returns
Returns that cannot be assigned to a customer or returned to the customer will be kept for six months by Max Lehner AG and then disposed of.

12.2 Uncollected or deliverable warranty goods
If goods related to the provision of warranty in accordance with section 7 are not collected from the branch within three months of the dispatch of the collection request to the customer or if the goods cannot be returned to the customer, Max Lehner AG shall be entitled to dispose of the goods, in particular to dispose of them.

12.3 Data protection
The data protection declaration under "Data protection declaration" is an integral part of these GTCs. By accepting these GTCs, the customer also agrees to the data protection declaration.

12.4 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.

12.5 Place of jurisdiction and applicable law
All legal relationships between Max Lehner AG and the clientele are subject to substantive Swiss law. The Vienna Sales Convention is not applicable.

The following exclusive places of jurisdiction shall apply:

For all claims arising from sales contracts in which Max Lehner AG is a party: For actions brought by consumers, their place of residence or Zurich shall be the place of jurisdiction. In all other cases, Zurich is the exclusive place of jurisdiction.

12.6 Copyright notice
All rights, namely copyrights, to these GTC are held by Max Lehner AG.

Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of Max Lehner AG. Max Lehner AG reserves the right to take all legal steps in the event of a violation of this requirement.

13. prohibition of supply to private individuals - information requirements and expertise
Certain very hazardous chemicals that are labeled as life-threatening, carcinogenic, mutagenic, toxic to reproduction or explosive may not be supplied to private individuals. Only professional persons may purchase and use these chemicals, which are grouped under the term "Group 1".

When Group 1 chemicals are supplied, the professional/commercial end users must be explicitly informed of the necessary protective measures and proper disposal. Expertise includes the knowledge required to inform customers about the safe handling (use, handling, special hazards, storage, disposal, first aid and emergency numbers) of the chemical. 

13.1 Proof of age
Our goods are partly subject to a legal age requirement, which is 18 years depending on the article. For this purpose, it is necessary that the corresponding proof of age (identity card or other official document showing your name and date of birth) is sent to us by fax, e-mail or mail on both sides before shipment. Data protection: The proof of age sent by you is only used to determine your age once. All data is subject to data protection, will be treated confidentially, will not be passed on, will not be registered and will be destroyed after verification. You have the right to black out ID data on the copy that is not required for identification. These are, for example, the details of eye color, height, place of birth, document number and accession number. The shipment will be made only after receipt and verification of proof of age!

13.1.1 Proof of age via smartphone
Do you own a smartphone with a camera? Then you can simply photograph the proof of age and send it to us by e-mail from your smartphone. Write your name as the subject as well as the order number. Email: [email protected]

13.1.2 Proof of age by e-mail
Simply send us your proof of age as an attachment by e-mail. Write your name as the subject as well as the order number. E-mail: [email protected]

13.1.3 Proof of age by fax
You also have the option of sending us your proof of age by fax. When faxing, make sure that you send us your proof of age in good quality. It is best to copy your ID card before faxing it, so that it arrives legible. Please also write your name and order number on the fax. Fax: +41 44 737 03 20 

13.1.4 Proof of age by mail
You can also send us proof of age by mail to the following address: Max Lehner AG, Stallikonerstrasse 71, CH-8903 Birmensdorf-ZH.

13.1.5 Do I have to send my proof of age with every order?
If we have checked your age once, we do not need your proof of age again. All we need is a short note by mail that the verification has already taken place.