General Terms & Conditions

§1 Area of application

1. These general terms and conditions apply to all business relations between GluHU GmbH and their customers in the respective version at the time of the conclusion of the contract. 

2. Our general terms and conditions apply exclusively. Opposing or deviating general terms and conditions of the customer are not recognized, unless GluHU GmbH has approved them in written form.

§2 Registration and use of the eShop 

1. Each order of goods requires prior registration as a customer or dealer with GluHU GmbH. 

2. Multiple registration under different names or addresses is not permitted. 

3. GluHU GmbH will accept the customer or dealer status by sending a confirmation email and provide access to use the eShop. 

4. A valid e-mail address is required for the use of the eShop. Different company contacts can have their own access per company customer. The e-mail address of each selected contact person must be valid and unique. If one and the same contact person requires access for two different corporate customers for valid reasons to be explained to GluHU GmbH, different e-mail addresses will be required.

5. The approval can be revoked by GluHU GmbH at any time and without giving reasons. In this case, GluHU GmbH is entitled to immediately block or delete the access data.

§3 Conclusion of the contract

1. The contract is concluded when we accept the contract offer made by your order by means of our order confirmation. This order confirmation contains the essential content of your order.

2. For each order an advance payment by bank transfer or an immediate payment by credit card is required. The order will be executed after receipt of payment. Exceptions regarding the method and date of payment must be agreed in writing by GluHU GmbH.

§4 Price indications

1. Price-bound articles are subject to possible price adjustments by the supplier.

2. Prices can vary with not price-bound articles. We reserve the rights to change prices without prior notice.

§5 Delivery, shipping costs

1. GluHU GmbH will ship the goods to the customers address (as indicated in the order). GluHU GmbH operates its main warehouse in Austria. GluHU GmbH is entitled to partial deliveries, should the total quantity of the requested goods not be in stock. The customer will be informed should a partial delivery occur. The missing goods will be delivered in addition as soon as the goods are available. In case the customer does not wish partial delivery, he has to indicate this when placing his order.

2. Delivery time depends on availability and shipment method. In case a product is missing it will be ordered from our supplier. In this case the shipment will be delayed. For products being ordered abroad, delivery time may take from 1 to 3 weeks. Indications of possible delivery time are not binding.

3. The outstanding goods will be delivered immediately to the customer when GluHU GmbH has received them. GluHU GmbH reserves the right to bill the delivered goods by charging the credit card number indicated at the time of the order, without prior notice.

4. GluHU GmbH or the service provider chooses the shipping method of its order itself. 

5. If the customer wishes to have the ordered goods shipped by DHL, TNT or FedEx without having specified a FedEx, TNT or DHL customer account for this purpose at the time of the order, these shipping costs will be invoiced to the customer or charged to the credit card specified for the order. The customer acknowledges that FedEx and DHL charge the corresponding transport costs according to volume weight and not according to effective weight. The customer expressly agrees to this procedure by accepting our General Terms and Conditions when placing his order.

§6 Retention of title

1. Goods stay in possession of GluHU GmbH until all outstanding payments are credited. In case of delay of payment, we reserve the right to withdraw from the contract and to recall the goods.

2. We reserve the right to request creditworthiness after conclusion of the contract and in case of a negative result to withdraw from the contract.

3. In case one of our suppliers should not be able to deliver the ordered merchandise, without GluHU GmbH’s fault, we are entitled to withdraw from the contract. In case of withdrawal from the contract, we will inform the customer without delay and refund already received payments.

§7 Terms of payment, reminder

1. Payment methods in eCommerce: prepayment by credit card (required in eCommerce). For personal orders and after agreement with GluHU GmbH, payment can also be made by bank transfer or paypal.

2. Credit cards: Mastercard, Visa, American Express.

3. When we don’t receive the payment within one day of the indicated payment terms (eCommerce: Immediate payment), we are allowed to cancel the order.

4. In case of payment delay we charge a reminder fee of CHF 5.-. Resulting claims through a lawyer or collection agency remain unattached.

§8 Revocation

1. The customer is entitled to revoke his order within 5 days after reception of the goods in written form (e.g. letter, mail). The term starts with reception of the goods. In order to meet the revocation term, the goods or a written statement have to be sent to: GluHU GmbH, Fabrikstrasse 10, 9470 Buchs SG, Switzerland or to contact@gluhu.com. The customer carries burden of proof for returning the goods.

2. In case of successful revocation, the customer has to return the goods. Should the customer not be able to return the goods in good condition or entirely, the customer has to compensate GluHU GmbH for the decline in value. In case the customer has already settled his bill, GluHU GmbH is entitled to deduct the decline in value from the total amount, which may, in some cases, be the whole amount of the paid bill.

3. The customer carries the cost of reconsignment.

4. In return GluHU GmbH refunds an appropriate purchase price to the customer. Up to full return of the merchandise GluHU GmbH makes use of retention.

5. Revocation is excluded with contracts of consignments of imported goods as well as products manufactured on the customer’s explicit wish (custom-made items).

§9 Customs, VAT

1. When importing goods into countries outside Austria, import duties may be incurred which the customer must bear. These vary in different customs territories. The customer is responsible for the proper payment of the necessary customs duties and fees. Import duties are not shipping costs. 

2. For deliveries within Austria and other European countries, the price shown includes the applicable statutory VAT. For exports to countries outside the European Union, the price shown does not include VAT.

§10 Address

1. Head Office and Invoice Address:

GluHU GmbH, Fabrikstrasse 10, 9470 Buchs SG, Switzerland

Phone +41 (0) 43 311 70 20, eMail: contact@gluhu.com

2. Shipping and delivery addresses:

Openstore24 (Swiss Mail Solutions), Eichenstrasse 1A, 3385 Gerersdorf, Austria

Mobile +43 664 9163157, eMail: trace@swissmailsolutions.com

§11 Data protection

1. The necessary data essential for the transaction are recorded respecting the law and may be given to third parties, should this be necessary for the transaction. All personal data is treated confidential.

2. Deletion of confidential Customer data: Customers of GluHU GmbH are entitled to see and edit their personal data on the home. In order to delete the customers’ personal data, the customer has to send a written statement to contact@gluhu.com.

§12 Liability

1. Liability is based on the applicable legal provisions. However, in no event shall GluHU GmbH be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of GluHU GmbH be this contractual or non-contractual.

2. Moreover, GluHU GmbH will not accept any liability in the following cases:

• storage, setting or use of products that is improper, unlawful or contrary to contract;

• use of incompatible spare parts or accessories (e.g. power supply);

• failure to maintain and/or improper modification or repair of the products by our customers or a third party;

• force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by GluHU GmbH 

  or official orders.

GluHU GmbH accepts no liability for loss or damage of any kind – whether it be for direct, indirect or consequential damage that may arise from the use of or access to our website. Furthermore, GluHU GmbH accepts no liability for any manipulation of the internet user’s IT system by unauthorised persons.

§13 Amendment of the General Terms and Conditions

GluHU GmbH has the right to change the existing General Terms and Conditions without prior notice.

§14 Applicable law and jurisdiction

1. Swiss law terms are applicable, even if the customer is ordering from abroad or the goods are delivered to a country outside Switzerland.

2. Jurisdiction for all claims in coherence with the order is Buchs, Switzerland.

3. GluHU GmbH is entitled to take legal action at the customers’ jurisdiction.

4. Ineffectualness of certain clauses does not affect the validity of the contract and of these General Terms and Conditions.

January 2023, Buchs SG, Switzerland