General Terms and Conditions for the Online Shop

Sect. 1 Validity of conditions

1. Deliveries, services and offerings of Hotel und Thermalbad Vals AG all take place exclusively on the basis of these business conditions, even if they have not expressly been agreed upon again. These conditions are deemed to be accepted for the order or delivery of goods. The buyer's general conditions of purchase are hereby contradicted.
Deviations from these business conditions are only effective if we confirm them in writing.

Sect. 2 Offer and conclusion of the contract

1. The offerings of Hotel und Thermalbad Vals AG on price lists, online or on other communication channels are subject to change without notice and are non-binding. Orders are binding for Hotel und Thermalbad Vals AG only after written confirmation. Acknowledgements of orders or tenders are only created on explicit request.
2. The data on our Web Shop (drawings, images, measurements, weight and other goods and services) are only to be seen as guidelines and do not constitute a guarantee of features, unless they are explicitly labelled in writing as binding.
3. If the buyer, guest exceeds their credit limit by ordering, then we are released from our delivery and/or service obligations.

Sect. 3 Prices

1. The prices stated in our acknowledgement of the order are decisive. These are fixed for goods in stock at the time of the order being placed. If there is a shortage of supply or procurements, the current price on the day of the order being placed is valid.
2. Unless otherwise agreed, the prices are inclusive of statutory VAT and transport and visitor's taxes are additional.

Sect. 4 Delivery period and time of performance

1. Deadlines and delivery deadlines are non-binding in as far as they have not been specifically agreed differently in writing. The indication of a specified delivery period and delivery deadline by Hotel und Thermalbad Vals AG, are subject to a reservation of the correct and punctual delivery by suppliers and manufacturers to Hotel und Thermalbad Vals AG.

Sect. 5 Default of acceptance

1. If the buyer refuses to accept the delivery items or services upon expiry of a final deadline set for him, or declares that he will not accept or does not want to accept the goods or service, then Hotel und Thermalbad Vals AG can refuse to fulfil the contract and can demand compensation for non-fulfilment. Hotel und Thermalbad Vals AG is entitled to demand either a lump sum (see cancellation conditions in hotel bookings -> link) or, for goods, the reimbursement of the effectively accrued damages from the buyer.

Sect. 6 Delivery

1. Visible differences in quantities must be reported in writing immediately upon receipt of the goods, covered differences in quantities within 4 days after receipt of the goods from Hotel und Thermalbad Vals AG. Complaints concerning damages, late delivery, loss or poor packaging must be reported with a photo immediately after the arrival of the shipment.

Sect. 7 Transfer of risk

1. The risk will be passed to the buyer as soon as the package has been handed over to the person carrying out the transportation. If the shipment is delayed or becomes impossible and we are not at fault, then the risk passes to the buyer with a message about readiness for dispatch. An agreed acceptance of transport costs by Hotel und Thermalbad Vals AG in an individual case has no influence on the transfer of risk.

Sect. 8 Warranty

1. The warranty, in accordance with the following conditions, amounts to 1 year if it is not otherwise specifically agreed in writing.
2. The warranty period begins with the date of delivery. If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not correspond to the original specifications, then each warranty will no longer apply, provided that the defect can be ascribed to this. This is also applicable if the defect can be ascribed to inappropriate use, storage and handling of the goods or intervention, as well as the opening of apparatus. Negligible deviations from guaranteed properties of the goods do not elicit warranty rights.
3. Warranty claims against Hotel und Thermalbad Vals AG may only be asserted by the actual buyer and are non-transferable.

Sect. 9 Returns

1. For returns we request that the defective goods and a copy of the bill which was delivered with the goods are sent to or delivered to Hotel und Thermalbad Vals AG for checking. The shipping costs are to be borne by the buyer.

Sect. 10 Reservation of ownership

1. The delivered goods remain the property of Hotel und Thermalbad Vals AG until full payment has been received.

Sect. 11 Payment

1. Payment is exclusively made by credit card unless otherwise agreed. The delivery is not prepaid, i.e. the buyer bears the costs by parcel post unless otherwise agreed.
2. Payment is only completed when we can access the amount.

Sect. 12 Limitation of liability

1. Compensation claims due to impossibility of services, contractual infringement, debts when signing the contract and from unauthorised actions against us and our proxy or vicarious agent are excluded, except in the case of intent or gross negligence. No liability is accepted for consequential damages from the use of the products.

Sect. 14 Data protection

1. Hotel und Thermalbad Vals AG is authorised to process the data obtained regarding business connections or in the context thereof about the buyer, whether these come from the buyer themselves or third parties, in accordance with the Federal Data Protection Act.
2. Personal customer data is treated as confidential and not passed on to third parties.

Sect. 15 Place of jurisdiction

1. Vals is the exclusive place of jurisdiction for all disputes directly or indirectly arising from the contractual relationship. The legal relationship is subject to Swiss law.

Hotel and Thermalbad Vals AG,
Vals, 31 May 2011