Terms of service

1. Scope and Contracting Parties
1.1 These General Terms and Conditions (“GTC”) apply to all contracts between ph. AG (hereinafter “Seller”) and customers concluded through the online shops of ph. AG (currently accessible at www.ka-ex.ch). The offers in the online shop are intended exclusively for consumers in Switzerland and Liechtenstein.

1.2 Differing contractual terms, including any declared by the customer as applicable 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 (e.g., email).

1.3 The Seller reserves the right to change these GTC at any time. The version of the GTC available on the website at the time of the order is binding.

2. Conclusion of Contract
2.1 The representations on the product detail pages of the online shop constitute an offer to conclude a purchase contract. Despite the greatest possible care, errors cannot be completely excluded, and the Seller cannot guarantee that all information in the offers is correct and up to date. All offers are therefore subject to the condition that the Seller actually has the products in stock and that the offer contains no erroneous information.

2.2 The purchase contract between the Seller and the customer is concluded when the customer enters all data required to perform the contract and clicks the “Order Now” or “Place Order with Obligation to Pay” button (hereinafter “Order”). Sending the binding order constitutes acceptance of the offer to conclude the purchase contract for the products listed on the order page, under the conditions listed there and according to the data displayed. The purchase contract is, however, subject to the condition precedent that at the time of preparing the delivery, the Seller has the products in stock and has not identified any errors in the accepted offer.

2.3 Until the order button is clicked, the customer may select products without obligation and place them in the shopping cart. Before submitting the order, the customer can continuously change the order data using the usual keyboard and mouse functions. All entries are also displayed again on the order overview page before submitting the binding order.

2.4 After placing the order, the customer receives an automatic order confirmation via email summarizing the content of the order. This automatic message does not yet confirm that the ordered products can actually be delivered; it only documents that the order has been received by the Seller and that the purchase contract has been concluded under these GTC.

2.5 If ordered products are unavailable or the offer contained an error, the Seller informs the customer as soon as possible and may offer alternative products. If the customer rejects these, the Seller will refund any amounts already paid.

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

3.2 If products other than those ordered are delivered by mistake, the customer must notify the Seller immediately, and the parties shall agree on the consequences of the incorrect delivery.

4. Prices and Payment Terms
4.1 The prices stated by the Seller 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 a product to the cart are binding.

4.3 Customers have various payment options as specified in the Seller’s online shop. The Seller reserves the right not to offer certain payment methods for individual orders. Any transaction costs arising from the customer’s relationship with their payment service providers are borne by the customer. The Seller does not charge any payment fees.

4.5 Offsetting against unrecognized or legally unestablished counterclaims of the customer is excluded.

4.6 The redemption of vouchers is primarily subject to the conditions specified at the time of voucher issuance. Gift vouchers are not divisible and may only be redeemed for the full amount. Cash redemption is excluded. Lost or stolen gift vouchers cannot be replaced.

5. Delivery and Shipping Conditions
5.1 The Seller ships ordered products within the timeframe indicated in the online shop, or, if none is indicated, within 2 to 6 business days (excluding Saturdays) to the delivery address provided by the customer. The Seller makes every effort to meet the stated delivery times. However, timely delivery cannot be guaranteed in all cases, and liability for damages due to delays is excluded.

5.2 Delivery is generally made via Swiss Post, DHL, or another carrier. Upon proper handover of the products to the carrier 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 repeated attempts, the Seller may withdraw from the purchase contract and charge the customer for the costs of failed delivery.

6. Retention of Title
Ordered products remain the property of the Seller until full payment is received. The Seller may register the retention of title before or after delivery. Pledging, transfer as security, processing, or transformation without the Seller’s express written consent is not permitted before full payment.

7. Warranty
7.1 The customer is obliged to check delivered products for completeness and intact condition and to immediately notify the Seller of identifiable defects. Notification must include a detailed description and pictures of the defect sent by email to info@ka-ex.com. Failure to notify in time will be deemed acceptance of the products. Acceptance is deemed granted if the customer does not raise a defect claim within ten days of delivery. Defects not detectable during proper inspection must be reported immediately upon discovery, otherwise the products are deemed accepted regarding these defects as well.

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

7.3 Upon proper return of defective goods, the Seller will, after inspection, either send a replacement product if available or refund the total purchase price (excluding shipping) and return costs to the customer. Refunds are always made using the original payment method.

8. Liability
The Seller’s contractual and non-contractual liability for slight negligence in connection with the operation of the websites, the online shop, or the offer and delivery of products is excluded. Liability for agents and substitutes is fully excluded. This exclusion applies in particular to damages resulting from non-performance or delayed performance, as well as indirect and consequential damages and lost profits. Mandatory provisions of applicable law remain unaffected.

9. Data Protection
The processing of personal data in connection with the use of the website and online shop orders is governed by the Seller’s Privacy Policy. By agreeing to these GTC, the customer acknowledges having read the Privacy Policy.

10. Applicable Law and Jurisdiction
10.1 All legal relations 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 of April 11, 1980 (CISG).

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

10.3 Mandatory legal provisions and jurisdictions remain unaffected.

11. Final Provisions
Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by valid provisions that preserve the economic purpose of the invalid provisions as far as possible.