1 General information

These General Terms and Conditions ("GTC") apply to all orders placed and contracts concluded between awake group gmbh, Kleeweid 1, 8700 Küsnacht ("awake group"; "seller") and the customer via the online store on the website www.awakemate.ch ("store") or via other awake group channels ("order").

In the event of conflicting provisions, mandatory legal provisions shall take precedence over individual agreements and these GTC and individual agreements shall take precedence over these GTC.

2 Conclusion of contract

The presentation of the products in the store does not constitute a legally binding offer, but only a non-binding online catalog. By clicking on the "Order with obligation to pay" button, the customer submits a binding order or a legally binding offer for the goods contained in the shopping cart. However, the offer can only be submitted and transmitted if the customer has accepted these General Terms and Conditions by marking the confirmation "I hereby confirm that I have read and accepted the General Terms and Conditions" and thereby included them in his offer.

awake group then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that awake group has received the customer's order and does not constitute acceptance of the request. The contract is only concluded when awake group issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation).

awake group is free to accept or reject the offer at its own discretion without stating reasons. If the offer is rejected, the customer will be informed by e-mail.

3 Prices and terms of payment

Unless otherwise stated, prices are in CHF (Swiss francs) and include VAT. awake group reserves the right to change prices at any time. The prices displayed in the store at the time of the order are always decisive. The total price ("purchase price") of the order, including shipping costs, is displayed at the end of the order process.

Payment is made using the means of payment displayed in the store.

Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay awake group default interest of five (5) percent for the year. The Customer's obligation to pay default interest does not exclude awake group from claiming further damages caused by default.

awake group reserves the right to assign outstanding invoice amounts, including interest on arrears, expenses and costs incurred, to a company commissioned with collection.

4 Delivery

awake group's delivery target is 1-3 working days and is calculated from the time of order confirmation, subject to prior payment of the purchase price. The customer can see the expected delivery date from the time the order is accepted.

Due to high demand, products may sell out quickly. If the products selected by the customer are not available at the time of the customer's order, awake group will inform the customer immediately in the order confirmation. awake group will also contact the customer by e-mail to agree on the further procedure or a new delivery date. If the product is permanently unavailable, awake group will refrain from a declaration of acceptance. In this case, a contract is not concluded.

The goods are shipped to a physical address in Switzerland.

5 Retention of title

Ownership of the products remains with awake group until the purchase price has been paid in full. Until the purchase price has been paid by the customer, the seller has the right to have the retention of title entered in the retention of title register at the customer's expense. Prior to the transfer of ownership, pledging, transfer by way of security, further processing or modification is not permitted without the express consent of awake group.

6 Warranty and liability

If awake group has delivered non-conforming goods, i.e. defective, incorrect or quantitatively insufficient goods, the customer may only demand that awake group rectify the non-conformity at its discretion by repair or replacement free of charge and without disproportionate inconvenience to the customer. The customer may set awake group a reasonable deadline of at least 30 days to do so.

The liability of awake group for indirect damages or consequential damages, such as loss of profit, loss of production, damage to image, liability damages, legal prosecution damages, damages to other goods, etc., is waived to the extent permitted by law. The customer's claims for damages are waived to the extent permitted by law.

7 Data protection

The processing of personal data is regulated in awake group's privacy policy. Express reference is made to the current privacy policy on the seller's website, which is an integral part of these GTC.

8 Final provisions

8.1 Changes to the GTC

awake group reserves the right to amend these GTC. In this case, the version of the GTC shall apply to the Customer's next purchase from awake group. The current GTC are available on the awake group website.

8.2 Severability clause

Should any provision of these GTC be invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these GTC. Void, invalid or unenforceable provisions shall be replaced by valid and enforceable provisions.

8.3 Force Majeure

If awake group is unable to fulfill the obligations arising from a contract concluded in accordance with these GTC due to an event which is beyond awake group's control and which could neither be foreseen nor prevented at the time the contract was concluded, such as strikes, fire, floods, embargoes, epidemics, pandemics, earthquakes or similar events, awake group has not breached the contract.

8.4 Applicable law and place of jurisdiction

These GTC are subject to substantive Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

All disputes arising from or in connection with these GTC shall be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Zurich (Switzerland); the place of jurisdiction is the City of Zurich. The place of jurisdiction for consumer disputes remains reserved.

9 Contact

If you have any questions, please contact the following address or e-mail address:

awake group gmbh

Kleeweid 1

8700 Küsnacht

contact@awakemate.ch

Valid from 20.06.2024.