General Terms and Conditions (GTC)

These General Terms and Conditions (hereinafter "GTC") govern the conclusion, content and execution of contracts between MOA – Magic of Artisan (hereinafter "Seller") and its customers (hereinafter "Buyer" or "Customer") for the supply of handcrafted glassware as well as the provision of related services. 

These GTC form an integral part of all offers and contracts between MOA – Magic of Artisan and the Customer (hereinafter "Parties"). 

These GTC apply for an indefinite period and thus also for all subsequent services, unless a deviating written agreement has been made between the Parties. 

The version of the GTC published on the website of MOA – Magic of Artisan at the time of conclusion of the contract shall apply. 

The present GTC apply exclusively. Conflicting or deviating terms and conditions of the Customer will not be recognized unless MOA – Magic of Artisan has expressly agreed to them in writing in the individual case. Our terms also apply if, with knowledge of conflicting or deviating terms of the Buyer, we carry out delivery to the Buyer without reservation. 

The contract language is German. In case of questions of interpretation, only the German text is authoritative. Translations into other languages are for information purposes only. 

Geographical scope: MOA – Magic of Artisan delivers to Switzerland, Europe as well as Australia and New Zealand. Deliveries to the USA are excluded. Customers are obliged to comply with the applicable import and customs regulations in the destination country.

Our offers are non-binding, in particular with regard to price, quantity, delivery period and delivery possibility. Changes are expressly reserved. Documents belonging to the offer such as illustrations, drawings, weight and dimension details are only approximately authoritative unless expressly designated as binding. No liability is assumed for their accuracy. 

Handcrafted glassware are unique items. Variations in color, shape, structure or weight do not constitute a defect. 

The presentation of products in catalogs or in our online shop does not constitute a legally binding offer to conclude a purchase contract. The Customer is merely invited to submit an offer by placing an order. The Customer can select products from the assortment displayed in the online shop, change the contents of the shopping cart at any time, and empty it completely. 

By submitting the order, the Customer makes a binding offer to conclude a purchase contract for the ordered goods. When ordering via our online shop, the Customer can check and, if necessary, correct his entries immediately before submitting his binding order. The contract is concluded, at our discretion, either by us sending an order confirmation within two weeks of the date of submission of the offer, thereby accepting the offer, or by delivery of the ordered goods. 

Legally relevant declarations and notifications to be submitted by the Buyer to us after conclusion of the contract (e.g., deadlines, notices of defects, declaration of withdrawal or reduction) must be made in writing to be valid.

Delivery times can be found in the respective product descriptions. The start of the stated delivery time requires the timely and proper fulfillment of the Buyer's obligations. The delivery deadline is met if the delivery item has been received by the Buyer by its expiry. 

Partial deliveries are permissible insofar as they are reasonable for the Buyer. 

If deliveries become impossible for us because our suppliers do not deliver, and alternative procurement would only be possible with disproportionate and unreasonable effort, and we are not responsible for the impossibility, we are entitled to withdraw from the contract. The Buyer will be informed immediately of such circumstances. Payments already made by the Buyer will be refunded. 

Disruptions not attributable to us, such as unavoidable, unforeseeable, extraordinary events ("force majeure"), release us from our obligation to perform for as long as they last. If such a disruption is permanent, we are released from our performance obligations in full. Advance payments made by the Customer will be refunded in this case. 

"Force majeure" means any unforeseeable and unavoidable event, regardless of the sphere of influence of the Parties, which constitutes an insurmountable obstacle to the performance of the Parties' obligations. This includes, but is not limited to: earthquakes, fire, floods, war, civil war, revolutions, riots, strikes, industrial disputes, lockouts, inadequate supply of materials, raw materials or energy, shortage of transportation options, traffic disruptions, machine breakdowns, government regulations, decisions or other measures, business interruptions, raw material shortages, epidemics, pandemics; further total or partial failure of electricity or natural gas, network failure. Export or import restrictions as well as delayed or missing administrative decisions are also considered force majeure. This also applies if such circumstances occur at our suppliers. 

Complaints regarding transport delays, shortages or transport damage must be documented by the Buyer upon acceptance of the goods and made to our carrier or freight forwarder within 3 working days and communicated to us in writing. Without documentation that the damage or shortage was already present upon acceptance of the goods, complaints will be rejected. 

We are not obliged to deliver to third parties at the Buyer's request. 

If the Buyer is in default of acceptance or otherwise breaches cooperation obligations, we are entitled to demand compensation for the damage we incur, including any additional expenses. In this case, the risk of accidental loss or deterioration of the goods passes to the Buyer at the time the Buyer defaults on acceptance. 

Claims for damages by the Buyer due to delay in delivery are excluded unless they are based on gross negligence or intent on our part. 

Fixed-date transactions are not entered into. Delivery periods are approximate unless expressly guaranteed as binding. 

For deliveries to Australia and New Zealand, longer transport times and additional import and customs fees may apply, which are to be borne by the Buyer.

Unless otherwise stated in our product description, the prices stated are total prices including statutory VAT and packaging costs and are quoted in CHF or EUR. Delivery and shipping costs are charged separately and depend on the destination. Further details can be found on the website of MOA – Magic of Artisan. Prices are calculated on the day of delivery according to the price lists valid on that day. In the event of a price increase, the Buyer may withdraw from the contract within one week of becoming aware of the price increase. 

The available payment methods are listed on a correspondingly designated button on our website or in the respective offer. 

Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due immediately. 

In the event of default of payment, interest will be charged on claims in EUR at 8 percentage points above the base interest rate of the European Central Bank per annum, and on claims in CHF at 5 percentage points per annum. Proof of further damage caused by default remains reserved. 

The Buyer is not entitled to set-off or to assert rights of retention against our claims, unless the counterclaim is undisputed or has been legally established. 

We are entitled, despite contrary provisions, to credit payments by the Buyer initially against older liabilities. If costs and interest have already been incurred, we are entitled to credit the payment first against the costs, then against the interest, and finally against the principal performance. 

We are entitled to carry out outstanding deliveries only against advance payment or to make them dependent on the provision of security if the Buyer is in default of agreed payment terms even after a reasonable grace period or if circumstances exist that, according to banking standards, raise doubts about the Buyer's solvency.

The risk of accidental loss or deterioration of the goods passes to the Buyer when the goods leave the warehouse or upon notification of readiness for dispatch. 

Insurance against breakage, theft, etc. by us will only be taken out at the express request and expense of the Buyer. Otherwise, insurance of the goods is the responsibility of the Buyer.

The Buyer is obliged to inspect the goods immediately upon receipt and to notify us in writing of any complaints without delay. The period for asserting warranty claims is a maximum of one week after delivery of the products. Defects that cannot be discovered within this period, even with careful inspection, must be reported to us in writing immediately after discovery. 

Handcrafted glassware are unique pieces. Minor deviations in color, structure, shape or weight do not constitute a defect. 

For defects in the goods, we will initially provide, at our discretion, either rectification or replacement. Only if this repeatedly fails or is unreasonable and it is not only an insignificant defect, the Buyer is entitled to withdraw from the contract or to reduce the purchase price in accordance with statutory provisions. Replaced parts become our property. As long as the Buyer has not fulfilled his own contractual obligations, we are neither obliged to rectify nor to replace. 

If our operating or maintenance instructions are not followed, changes are made to the products, parts are replaced, or consumables are used that do not correspond to the original specifications, warranty claims are void if the Buyer cannot rebut the presumption that one of these circumstances caused the defect. 

Likewise, damage resulting from transport, improper handling, insufficient maintenance or abusive use is not covered by this warranty.

Unless otherwise provided in these GTC including the following provisions, we are liable in accordance with the applicable statutory provisions for breaches of primary or secondary obligations. 

We are liable in cases of explicit assumption of a guarantee or a procurement risk, as well as for intentional or grossly negligent breaches of duty. Any further liability, whether for direct or indirect damages, from delivery or use of the purchase products, at the Buyer or at third parties, is excluded unless mandatory law contradicts this exclusion of liability. 

Claims for compensation for damages of any kind resulting from improper handling, modification, assembly and/or operation of the delivery items or from incorrect advice or instruction by the Buyer are excluded, unless we are responsible for them. 

If the Buyer is entitled to claim damages instead of performance or to withdraw from the contract, he must, at our request, declare within a reasonable period whether and how he intends to exercise these rights. If he does not declare in time or insists on performance, he is only entitled to exercise these rights after the fruitless expiry of a reasonable grace period. 

The above limitations of liability apply in terms of both grounds and amount also in favor of our legal representatives, employees or other vicarious agents. 

Any further liability for damages on our part than that provided for in the preceding paragraphs of this clause is excluded regardless of the legal nature of the asserted claim. Excluded are claims based on product liability.

All goods remain our property until full coverage of all liabilities arising from the business relationship, regardless of their nature. This applies in particular also to subsequently arising claims from repair services, spare part and accessory deliveries. 

The Buyer authorizes us, at any time, at his expense and with his necessary cooperation, to register the retention of title in the official register or to apply for the lien and to complete all related formalities. 

The Buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The claims against third parties arising from the resale of the goods and the product are already now assigned by the Buyer to us for security. We accept the assignment. 

In addition to us, the Buyer remains authorized to collect the claim. We undertake not to collect the claim as long as the Buyer meets his payment obligations towards us, is not in default of payment, no application for the opening of insolvency proceedings has been filed, and no other deficiency in his ability to perform exists. If this is the case, however, we may demand that the Buyer discloses the assigned claims and their debtors to us, provides all information necessary for collection, hands over the relevant documents, and notifies the debtors (third parties) of the assignment. 

If the realizable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the request of the Buyer. 

As long as our retention of title exists, leasing, pledging, transfer by way of security or similar transfer of the goods to a third party is not permitted without our written consent. 

In the event of interventions by creditors of the Buyer, in particular in the case of seizures of the goods, the Buyer must notify us immediately by registered letter and bear the costs of measures to eliminate the intervention, in particular of intervention proceedings, if they cannot be collected from the opposing party.

Place of performance and exclusive place of jurisdiction for all disputes, regardless of the legal grounds, is exclusively the place of jurisdiction at our registered office. We are also entitled to sue the Buyer at his general place of jurisdiction. 

Exclusively Swiss law shall apply to the contractual relationship. The application of international sales law (in particular the UN Sales Convention, CISG) is excluded. 

Any conditions made by the Buyer at the time of order placement, as well as any side agreements between the Parties, are only valid for us if they are expressly acknowledged in an order confirmation or if separate written confirmations are available from us. Oral side agreements are not valid. The cancellation of the written form requirement itself also requires written form. 

Should one or more provisions of these GTC be invalid or ineffective, the validity of the remaining provisions shall not be affected. In case of invalidity or ineffectiveness of a clause, it shall be replaced by one that comes closest to the economic purpose of the ineffective provision.