Terms & Conditions (T&C/ AGB)

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Terms and Conditions & General Points

1. Scope of the Terms and Conditions (T&C) & General Points

   1.1 The general terms and conditions (hereinafter referred to as T&C) regulate the comprehensive terms and services between AnW Glow GmbH (hereinafter referred to as AnW) and its customers.

   1.2 For better readability of these T&Cs, AnW Glow GmbH will be referred to as "AnW" hereafter. The business partner will be referred to as the "customer" below. All personal designations apply equally to both genders.

   1.3 Deviations from these terms and conditions are only effective if confirmed in writing by AnW Glow GmbH.
   
   Scope
   1.4 The customer expressly agrees to these T&Cs by placing or submitting an order.

1.5 Offers on AnW's webshop are non-binding and not to be construed as a binding offer. The contract/order is only concluded upon confirmation via email. All orders are binding. Delivery information is non-binding. The availability of items is subject to confirmation by our suppliers or manufacturers.

1.6 The information in our sales documents (online and offline, dimensions, weight, illustrations, instructions, user manuals, and other services, descriptions) is to be understood as approximate values and does not constitute an assurance of properties unless expressly designated as binding in writing.

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Ordering

1.8 When placing an order, specific information about the customer (name, address, email address, etc.) is requested by AnW. This customer information is needed for the processing of the business relationship between the customer and AnW. This data is used to find a solution in case of any issues with the order.

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2. Prices

2.1 All prices from AnW are indicated in the corresponding currency and are non-binding. Prices include the legal value-added tax (VAT) if explicitly specified (displayed as VAT). Prices at the time of ordering apply. Your order data is accessible to you in the form of the invoice. You can print the order data after submission or use the email confirmation.

2.2 Technical changes, errors, and misprints are reserved.

2.3 AnW reserves the right to make possible changes to prices and the product range. Price changes can be made by AnW at any time without prior notice. Despite utmost care, errors or mistakenly incorrect price information in the catalog as well as on the internet cannot be completely ruled out. All price information is non-binding.

2.4 Liability for unavailable products or mistakenly incorrect price information is excluded. Design changes are reserved. Promotional offers are only valid for the specified period. In case of redelivery of the shipment due to incorrect address information, the customer bears the incurred postage fees.

2.5 Complaints Procedure: In the lower section of the website, you will find the Help and Support area. Here, you have the opportunity to contact us and lodge complaints.

 

3. Delivery Conditions, Delivery, and Shipping Costs

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Shipping Costs

3.1 Unless explicitly stated otherwise in the order, we deliver all products with the specified shipping costs 'Delivery / Shipping fee' indicated in the order overview, ordered via the AnWGlow.com webshop. Any customs duties incurred due to delivery to the recipient country must be borne by the customer.

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Delivery

3.2 Delivery is exclusively done via shipping. Pickup is not possible for logistical reasons.

3.3 The delivery time varies between 2 to 4 weeks. The stated delivery time and deadlines in the webshop are only to be understood as approximate values. They are not binding. The customer cannot assert further claims.

3.4 Confirmed orders can be canceled by AnW without cost consequences due to external, uncontrollable circumstances. If we cannot accept your offer/order at short notice and unexpectedly, for example, due to delivery bottlenecks, strikes, or similar reasons, you will be immediately informed by email that the product is not available. Any payments already made will be refunded promptly.

3.5 The risk of transport passes to the buyer as soon as the shipment has been handed over to the transport company. Upon delivery of the goods, please check the shipment for obvious transport damage in the presence of the deliverer. Please report such errors and transport damage immediately to the deliverer and then contact us promptly. Damages to the delivered goods must be reported to the executing transport company as soon as possible, but no later than 4 calendar days after delivery. All parts of the original packaging must be kept in case of complaints. They may only be disposed of after written approval from the transport company or AnW.

3.6 In principle, delivery is made to the curb. Deliveries to floors are not offered. Delivery may occur on different days if your order consists of multiple packages. However, we always try to deliver your shipment completely; exceptions may occur in individual cases.

3.7 The customer is responsible for the transport to the customer's house/apartment. The customer must also ensure, in particular, that they can accept the ordered goods on the agreed delivery date, and they or a person authorized by them is present on the delivery date. If acceptance by the customer is not possible, or the customer is not present, the customer bears the costs for the unsuccessful delivery if the commissioned transport company returns the goods to the seller.

3.8 For corporate customer orders/larger quantities, please use the B2B order form, and we will contact you directly

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4. Copyright / Copyrights

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All content of this website (anwglow.com) and the content of this website may not be copied, distributed, altered, or made accessible to third parties for commercial purposes. Quotations from this website are only permissible with the source indicated. Reproduction, publication, copying, or publication on paper, electronic media, or a website requires the explicit consent of AnW. This applies in particular to any commercial use of the contents of www.anwglow.com. All rights reserved. The site is protected by copyright, Swiss copyright law, intellectual property rights, and all other relevant rights. Trademarks, logos, videos, animations, designs, graphics, product photos, and descriptions, navigation bars, button symbols, designations, etc., displayed on the website are the property of AnW or a respective partner. There is no right to use this data without written permission from AnW.

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5. Payment

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5.1 Delivery is only made against prepayment/immediate payment. Payment by invoice is not possible. AnW accepts the following payment methods: Instant Payment, advance payment, MasterCard, Postcard, PayPal, Visa, American Express, Union Pay, JCB, Diners Club, credit cards, EC-Direct, TWINT (to be added soon). When paying by credit card or Paypal, the commission rate published on the provider's website applies.

5.2 Without special agreements, a payment term of 10 days applies from the order date.

5.3 Payment is also possible using a merchandise voucher. Only one merchandise voucher can be used per order. Vouchers cannot be combined in any form.

 

6. Default of Payment

6.1 If the customer does not settle his debts after the set deadline, AnW can claim damages and proceed according to the provisions of Swiss law (Swiss Code of Obligations, OR). AnW, in particular, has the right to assign debts to external debt collection agencies.

Retention of Title

The goods remain our property until full payment is made. Any change of address must be reported to us promptly.

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7. Exchange and Return

7.1 There is generally no general right of return or exchange. 

• Please note that all products are produced-on-demand only for sustainability’s  sake, which means that all products are unique and produced only once ordered. This also means that returns and exchanges are not supported if you ordered the wrong size, color, or simply changed your mind.  
   

• However, in case of a damaged product or a manufacturing error, we offer a free replacement or a refund if you contact us within 30 days of product delivery. 

 

• Please get in touch with our team using the “Submit Issue Form”  and provide a clear photo showing the issue. Do not dispose of the product before the case has been resolved. 

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8. Liability / Limitation of Liability

8. 1 AnW commits to the careful provision of services to the customer according to these T&Cs and other contractual provisions.

8.2  Claims for damages due to impossibility of performance, breach of contract, fault at the time of conclusion of the contract, and unlawful acts are excluded against both us and our vicarious agents, unless intentional or grossly negligent conduct is present.

8.3 Liability for indirect and consequential damages resulting from use, malfunction, or performance failure is excluded.

8.4  Within the framework of all legally permissible provisions, AnW excludes any liability for the sold and delivered products. Access to the webshop and its use are not guaranteed. The webshop may contain links to third-party websites, for the content of which AnW declines any responsibility and compliance with legal regulations.

8.5  The AnWGlow Sites, along with all content, materials, products, services, functionality, and other items available through the AnWGlow Sites and/or AnWGlow store locations, are provided by AnWGlow on an "as is" and "as available" basis. No AnWGlow entity makes any representations or warranties of any kind, express or implied, regarding the operation of the AnWGlow Sites or the content, materials, products, services, functionality, or other items available. To the fullest extent permissible by applicable law, the AnWGlow entities disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, the AnWGlow entities disclaim any and all warranties, express or implied, for any merchandise offered. You acknowledge that, to the fullest extent provided by applicable law, your use of the AnWGlow Sites is at your sole risk. This disclaimer constitutes an essential part of these Terms of Use. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the AnWGlow Sites and agree that any information you send or receive during your use of the AnWGlow Sites may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, no AnWGlow entity is responsible for any loss or damage to your property or data resulting from any materials you access or download from the AnWGlow Sites. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

 

 8.6 Limitation of Liability: You acknowledge and agree that, to the fullest extent provided by applicable law, AnWGlow entities will not be liable to you or any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature, even if an authorized representative of an AnWGlow entity has been advised of or should have known of the possibility of such damages. To the fullest extent provided by applicable law, this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. Subject to the foregoing, to the fullest extent provided by applicable law, no AnWGlow entity will be liable for any damages in excess of the fees paid by you in connection with your use of the AnWGlow Sites during the six (6) month period preceding the date on which the claim arose.

 

You specifically acknowledge and agree that, to the fullest extent provided by applicable law, no AnWGlow entity will be liable for any defamatory, offensive, or illegal conduct of any seller (including any marketplace retailer), shopper, or other user of the AnWGlow Sites.

 

8.7 Indemnification: You agree to defend (at AnWGlow’s option), indemnify, and hold the AnWGlow entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the AnWGlow Sites or any breach by you of these Terms of Use. AnWGlow reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in any case, you agree to cooperate with AnWGlow if and as requested by AnWGlow in the defense and settlement of such matter.

 

8.8 Disputes, Arbitration, and Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

Arbitration Agreement

 

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AnWGlow, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY AnWGlow OR THE AnWGlow ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND AnWGlow AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

 

9. Data Protection and Data Security

9.1 AnW treats personal customer data confidentially, and the data necessary for the transaction of business is stored. For order processing, AnW may commission third-party companies (e.g., logistics service providers, postal services) and forward customer data necessary within the scope of the order. All personal data is treated strictly confidentially. Further and detailed information can be found in the privacy policy at the bottom of the website.

9.2 AnW is entitled to process the data received about the buyer regarding the business relationships or in connection with them in accordance with the Federal Data Protection Act.

9.3 Newsletter

The AnW newsletter is only sent with the prior consent of the customer. The newsletter can be canceled/unsubscribed at any time and without stating reasons. Instructions can be found in every corresponding newsletter or in the customer account.

 

Please also note our explanations on data protection. Contact: For questions, you can reach us at: (info@anw.com, Subject: Data Protection)

 

10. Change of General Terms and Conditions

We reserve the right to change the T&Cs at any time. The T&Cs published in the webshop apply. For purchase orders made before the entry into force of the amended T&Cs, the previous T&Cs continue to apply.

 

Jurisdiction / Applicable Law

The place of jurisdiction for all disputes is Zurich.

AnW Glow GmbH, Rapperswil, September 30, 2023