GTC
General Terms and Conditions of Kinakú GmbH
1 Scope of application
These General Terms and Conditions (“GTC”) apply to the entire business area of Kinakú GmbH
(hereinafter “Company”).
Kinakú is a premium brand for dogs and dog owners and a Swiss company based in eastern
Switzerland.
2 Conclusion of contract
The contract is concluded when the customer accepts the Company’s offer regarding the
purchase of products.
The contract is concluded in any case when the customer orders the products offered by the
company via the company’s online store or buys them directly.
3. Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF), unless they are quoted in euros
(EUR) or US dollars (USD). All prices are exclusive of any applicable value added tax (VAT),
exclusive of any other applicable taxes and exclusive of shipping costs.
The company reserves the right to change prices at any time. The prices on the Company’s
website valid at the time of conclusion of the contract shall apply.
4. Payment
The company offers the customer the following payment options: Invoice, credit card, PayPal.
The customer is obliged to pay the invoiced amount within 30 (thirty) days of the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be
warned. If the customer does not pay the invoice within the set reminder period, he shall
automatically be in default. From the time of default, the customer shall owe default interest in
the amount of 5% (five percent).
The Company reserves the right to demand payment in advance at any time without giving
reasons.
If the Company also offers products for purchase, rental or other use via an online platform, it
may also demand payment by electronic means as part of the ordering process (credit cards,
Paypal or other payment systems).
The invoiced amount may not be offset against any claims the Customer may have against the
Company. The company is entitled to refuse delivery or service provision in the event of late
payment.
Bank transfer fees must be borne by the customer.
5 Obligations of the company
5.1 Delivery / delivery dates
Delivery in Switzerland shall be made within 5 (five) working days of receipt of the order. For
countries in the European Union, the USA, Canada and other countries, the delivery period is 10
working days. If timely delivery is not possible, the customer will be informed by the company
within 5 (five) working days of receipt of the order and the new delivery date will be
communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the
Company. The company shall fulfill its obligations by handing over the ordered products to the
carrier, for Switzerland and Europe this is Swiss Post, for the USA, Canada, and other countries
DHL.
The shipping costs are generally borne by the buyer, the respective postage-free limits are listed
below. The shipping costs are calculated individually according to weight. For deliveries outside
Switzerland, the customs costs are borne by the customer.
Switzerland
Free delivery from: 200Fr.
Shipping costs Swiss Post: up to 2kg 8.50Fr. / up to 10kg 11.50Fr.
European Union
Free delivery from: 500 EUR
Shipping with Swiss Post: up to 2kg 36.00 EUR. / up to 5kg. 46.00 EUR.
USA, Canada, & Central America
Free delivery from 800 USD
Shipping with DHL: up to 3.5kg 65.00 USD. / up to 7.5kg 75.00 USD
Mexico
Free delivery from 200 USD
Shipping with DHL, up to 1.5kg 25.00 USD. / up to 3.5kg 28.00 USD.
5.2 Auxiliary persons
The parties have the express right to call in auxiliary persons to fulfill their contractual
obligations. They must ensure that the auxiliary persons are engaged in compliance with all
mandatory statutory provisions and any collective labor agreements.
6. Exchange
The customer is entitled to exchange products within 10 (ten) days of receipt. However, the
products must be in their original packaging and unused. The customer must bear the costs of
return and exchange.
7 Warranty
As agreed in the main contract, any warranty of the company is excluded.
8 Liability
The liability for direct and indirect damages as well as consequential damages is limited to the
sales price of the product / service. This limitation of liability does not apply to direct damage
caused by gross negligence or intent. The customer is obliged to report any damage to the
company immediately. Any liability for auxiliary persons is excluded in full.
9 Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is
authorized to use them by the owner.
Neither these GTC nor any associated individual agreements contain the transfer of any
intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or
anything else that the customer receives in connection with these provisions is prohibited
unless explicitly authorized by the company.
In addition, any further use, publication and making available of information, images, texts or
other material that the Customer receives in connection with these provisions is prohibited
unless explicitly authorized by the Company.
If the Customer uses content, texts or pictorial material in connection with the Company to
which third parties have a property right, the Customer must ensure that no property rights of
third parties are infringed.
10. Data protection
The Company may process and use the data collected in the course of concluding the contract
in order to fulfill its obligations under the contract. The Company shall take measures necessary
to secure the data in accordance with the statutory provisions. The customer agrees in full to the
storage and contractual use of his data by the company and is aware that the company is
obliged and entitled to disclose information from the customer to these or third parties on the
orders of courts or authorities. If the customer has not expressly forbidden it, the company may
use the data for marketing purposes. The data necessary for the fulfillment of services may also
be passed on to contracted service partners or other third parties. Furthermore, the data
protection provisions shall apply.
11. Amendments
These General Terms and Conditions may be amended by the Company at any time.
The new version shall enter into force 30 (thirty) days after notification or publication on the
website (www.kinaku.ch) by the Company.
In principle, the version of the GTC in force at the time of conclusion of the contract shall apply
to customers. Unless the customer has agreed to a newer version of the GTC.
12. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from
individual contracts that specify the provisions of these GTC shall take precedence over these
GTC.
13. Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this
shall not affect the validity of the remainder of the contract. The contracting parties shall replace
the invalid provision with a valid provision that comes as close as possible to the intended
economic purpose of the invalid provision. The same applies to any loopholes in the contract.
14. Confidentiality
Both parties and their auxiliary persons undertake to treat all information provided or acquired in
connection with the services as confidential. This obligation shall remain in force even after
termination of the contract.
15. Force majeure
If timely performance by the Company, its suppliers or third parties involved becomes
impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions,
avalanches, bad weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and
uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall
be released from the fulfillment of the affected obligations for the duration of the force majeure
and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty)
days, the Company may withdraw from the contract. The Company shall reimburse the
Customer in full for any payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
16. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take
precedence, the court at the registered office of the company shall have jurisdiction. The
company is free to bring an action at the defendant’s domicile. The United Nations Convention
on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.
Published 30.4.2024