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Terms and Conditions

General Terms and Conditions

These general terms and conditions apply to all orders placed via the online store cactus-jack.com of the company M & M Marketing Consulting GmbH. With customer male and female as well as legal entities are included as customers.

Products

The products of M & M Marketing Consulting GmbH are individual productions, so that the products can show differences in design, form and color. However, the functionality is guaranteed at all times.

Order and delivery

With the purchase via the online store at cactus-jack.com, the customer makes a binding order. The order is confirmed by an automated order confirmation email. As a rule, it is indicated whether the product is in stock. However, due to large order volumes or technical problems, it may happen in exceptional cases that there are delays in delivery. In this case, the buyer will be notified by e-mail. The purchase contract is concluded when M & M Marketing Consulting GmbH or a third party commissioned by it confirms the shipment, at the latest with the delivery of the purchased goods.
Deliveries are possible to the countries defined on the website cactus-jack.com. Delivery is made by local postal service, private courier or by truck or logistics partner on a pallet at BBQ’s. If the package or pallet/BBQ is obviously damaged, you are requested to refuse acceptance. If you discover any damage after receipt, you must report it within 3 days of receipt.

Prices

All prices are shown in CHF (Swiss Francs) or EUR (Euro) and include the respective statutory value added tax. Prices are subject to change without notice. In cases of obvious typing and invoicing errors, we are authorized to withdraw from the contract.

Payment

Payment is made via the payment options provided in the online store. We reserve the right in individual cases, after receipt of order with the selected option on invoice basis, to require payment in advance by means of the created invoice. The payment period for purchase on account is 10 days. Payment by installments is only possible in exceptional cases and after prior written agreement with M & M Marketing Consulting GmbH. Ownership of the goods sold shall in any case remain with M & M Marketing Consulting GmbH until full payment of the purchase price including shipping costs.
If the customer fails to meet his payment obligation, he shall be in default upon expiration of the payment period set without further reminder. After expiration of the payment deadline, a free reminder will follow by e-mail. From the 1st reminder on, fees in the amount of CHF/€ 20 per reminder will be charged.
If payment is not made despite a reminder, M & M Marketing Consulting GmbH may assign the outstanding invoice amount including interest on arrears and reminder fees for the purpose of collection. The customer shall be obligated to settle the outstanding amount as well as to reimburse all costs incurred by the delay in payment.

Warranty

The sales contract is basically subject to Swiss law. M & M Marketing Consulting GmbH warrants the goods ordered to be free from defects and to be in good working order for a period of 2 years after delivery or collection by the customer. The warranty period shall continue irrespective of the provision of any warranty services and shall not be extended. If the manufacturer’s or M & M Marketing Consulting GmbH’s operating or maintenance instructions are not followed or if modifications are made to the goods, parts are replaced or consumables are used that do not comply with the original specifications, any warranty shall lapse. The warranty shall also be void if the defect is due to improper use, storage, maintenance and/or handling of the goods. The warranty may, at the option of M & M Marketing Consulting GmbH, be provided by M & M Marketing Consulting GmbH or its agents or vicarious agents, by:
– free repair (rectification)
– partial and/or complete replacement of the goods by an identical or equivalent product (exchange)
– credit note at the current price of the goods (maximum at the sales price at the time of the order)
– Reduction (price reduction)
Insignificant deviations from warranted characteristics of the goods do not trigger warranty rights. Liability for normal wear and tear, as well as consumables and accessories is excluded. Warranty claims are only entitled to the customer and are not assignable.
If the warranty is subject to the law of the country in which the customer has his habitual residence, the warranty is excluded as far as legally permissible.

Liability

The use of the product is the responsibility of the customer. Claims for damages are excluded. No liability is assumed for any consequential damages or for indirect damages as well as turnover compensation.

Data protection

M & M Marketing Consulting GmbH is committed to comprehensive data protection. The processing of data is carried out in compliance with the legal requirements. Stored are the data of the customer necessary for the correct contract processing possibly third parties, for example, if the customer and recipient are different persons. The data will then be passed on to affiliated companies if this is necessary for order processing. All personal data will be treated confidentially and will not be passed on to third parties for advertising purposes. Further information on the handling of customer data can be found on the separate privacy policy.

Final provisions

Should any provision of these general terms and conditions be invalid, the remainder of the contract shall remain in effect. Instead of the invalid provision, the relevant legal provisions shall apply.
Place of jurisdiction is Hinwil. Swiss law is applicable.
Note: These GTC were written in German and automatically translated. In case of doubt, the German text shall prevail.

Hinwil, 27 October 2021

M & M Marketing Consulting GmbH
Chrüzacherstrasse 24
CH-8340 Hinwil
Switzerland
Contact Tel. :+41 44 392 00 60 or +41 79 706 33 33 or by e-mail info@cactus-jack.com

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