General Terms and Conditions of Business (GTC)

Transcription

1 General Terms and Conditions of Business (GTC) 1. Scope 1.1 Our goods offered in the online shop are intended exclusively for customers that are resident or have their registered office in Switzerland or Lichtenstein (hereafter, you ). Deliveries shall be made exclusively to addresses in Switzerland or Liechtenstein 1.2. The operator of the online shop at (hereafter, the Online Shop ) and your contractual partner is: CATRADE AG RADYS 1.3. These General Terms and Conditions of Business (hereafter, GTC ) shall apply to all contracts concluded between you as a customer and us as the operator of the Online Shop (hereafter, we, us or R ADYS ). As part of the order process, you consent to the GTC in the version valid at the time the order is placed. Any agreements concluded orally or over the telephone shall only be binding if confirmed in writing. The requirement of written form will be deemed to have been met if a declaration is contained in an Conclusion of contracts 2.1. An offer to conclude a contract of sale may be accepted by you by clicking the button add to the shopping basket after completing in full the order page. The order will remain binding on you for one week. A binding contract will be concluded if we accept the order within this period in accordance with clause After sending the order you will receive an automated containing acknowledgement from us of receipt of the order (order acknowledgement). The order acknowledgement is intended solely to inform you that we have received the order A valid contract shall only be concluded by our declaration of contractual acceptance. We may issue a declaration of contractual acceptance by issuing an invoice to you, confirming the order (order confirmation), confirming by that the goods have left our warehouse (shipping confirmation) or at the latest by dispatching the goods A contract shall only be concluded in respect of the items expressly indicated in our invoice, order confirmation or shipping confirmation. This indication shall also constitute a conclusive statement of the extent of the supply.

2 2.5. Contracts shall be concluded in the German language. The data stored by us may be used as proof of the conclusion of a contract and of the transaction You may print out your order along with the data provided during the order process. It is also possible to create a customer account. The customer account may be used in order to view the order data after entering the personal access credentials. R ADYS reserves the right to block customer accounts at its discretion without stating reasons All prices are net prices in Swiss francs (CHF) and include VAT. We reserve the right to make changes to the prices, terms and conditions and years indicated on the website, and the relevant date shall be the date of the order. 3. Payment & reservation of title 3.1. The purchase price may be paid by credit card (VISA, Mastercard), debit card, Postcard or invoice, if such an option is envisaged and available on the website. In the event of payment by credit or debit card, the data shall be transferred in encrypted form. 4. Delivery & transfer of risk 4.1. Deliveries shall only be made within the territory of Switzerland and the Principality of Liechtenstein. Delivery shall be made directly to the delivery address and contact person specified by you Delivery shall be conditional upon timely and proper delivery to us by our suppliers. We shall not be deemed to be in default in the event of force majeure occurrences such as strikes and other industrial action, civil unrest, armed conflict, natural disasters of a refusal of delivery by the manufacturer or by our suppliers. We shall not bear any liability for delivery delays caused by manufacturers or third parties In the event that not all of the goods ordered are in stock, we shall be entitled to make partial deliveries. Should it transpire following conclusion of the contract that certain goods cannot be supplied either in full or in part due to reasons beyond our control, you shall be entitled to withdraw from the contract Our duty to perform shall constitute an obligation to dispatch and shall be deemed to have been complied with in handing over the goods to the carrier. Following shipment, the risk associated with the accidental deterioration or destruction of the goods shall pass to you. We shall not bear liability for any fault on the part of the carrier used The delivery deadlines indicated in the Online Shop or in our order confirmation issued in accordance with clause 2.3. shall be calculated from the date of our order acknowledgement.

3 5. Duty of inspection and to object to defects, liability for faults 5.1. You are obliged to examine the goods supplied as soon as feasible according to the ordinary course of business and to report any defects ascertained promptly to our customer service at If you fail to do so the goods shall be deemed to have been approved. Approval shall under all circumstances be deemed to have been granted unless you report any faults to customer service by within 8 days of delivery Any defects that would not have been recognisable upon an orderly examination in accordance with the previous paragraph must be reported to our customer service promptly after discovery by to info@radys.com, failing which the goods ordered shall be deemed to have been approved also in respect of these defects The defective product must be sent back along with a copy of the invoice and a detailed description of the fault. The buyer shall be informed of the return address by following receipt of the written complaint. The costs of transportation arising shall be borne by you Our warranty shall extend to the rectification of defects. This shall occur at our choosing either by subsequent performance, specifically by the removal of a defect (rectification), or by delivery of a fault-free item (delivery of a replacement). Products that are replaced shall pass into our ownership In the event that subsequent performance is unsuccessful, you shall be entitled to withdraw from the contract. This shall not apply in relation to minor defects. There shall be no entitlement to a reduction of the price. This exclusion of liability shall also extend to all claims that may arise in parallel with rights under warranty, whether under contract (Article 97 et seq CO) or under tort (Article 41 et seq CO), as well as the avoidance of the contract due to error (Article 23 et seq CO) You will not as a matter of law receive any guarantees from us. The foregoing is naturally without prejudice to manufacturer guarantees. We do not accept any liability for third party descriptions, including in particular those of other customers within the customer reviews posted in the Online Shop or on our social media channels. 6. Right of return 6.1. You have the right to return the goods supplied within 10 calendar days (from the date of confirmation of delivery or receipt). The deadline for returns shall be deemed to have been complied with if the goods are handed over to Swiss Post or to another shipping company on the last day available for returns (post mark) The goods must be returned in their original packaging along with all accessories and must be accompanied by the delivery note and the return label. Please contact the following address in the event of the loss of the return label:

4 CATRADE AG RADYS Service Center 6.3. The right of return shall not apply to items that we have ordered specifically for you from our suppliers The costs of return shipment shall be borne by you, provided that the goods supplied corresponded to those ordered. If the goods are not sent back in an orderly condition, we shall charge you for the resulting loss in value In the event that the goods are returned in their proper condition, we shall reimburse to you the overall price paid after examining the goods. The reimbursement shall under all circumstances be processed to the means of payment used for the purchase. In the event of payment by invoice, we shall transfer the amount reimbursed to you into the relevant account. 7. Repairs 7.1. We shall repair all RADYS items purchased from us, and repairs shall as a rule last two weeks. You will be informed by us if more time is required. Any items send by you to us for repair must be clean. If we clean the item for you we shall charge you for the work. The costs of transportation shall be borne by you. 8. Liability 8.1. All instances involving breaches of contract and the legal consequences thereof along with all claims made by you, irrespective of their basis in law, shall be regulated conclusively by these GTC. Insofar as permitted by law, all other claims by you irrespective of their basis in law shall be excluded. We, our vicarious agents and any auxiliary agents shall bear no liability for any losses arising other than to the goods themselves, and shall in particular bear no liability for consequential losses, lost profit or other financial losses. 9. Data protection You further accept that we may use personal data for direct marketing purposes. This includes the dispatch of advertising by and ordinary post. 10. Severability clause and reservation of the right to make changes Should any individual terms of these GTC be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining terms. The contractual partners undertake to replace the invalid term by a lawful and valid term that comes as close as possible to their original intention and the economic purpose thereby pursued.

5 10.2. Any amendments or supplements to these GTC must be made in a form that can be evidenced in writing, such as specifically by letter, fax or . This shall also apply to any amendment of this requirement of written form. In availing yourself of any services from us following any such amendments, you will be deemed to have implicitly consented to the new GTC. The relevant binding version of the GTC may be consulted and printed out from Any contractual terms with contrary effect, including those that you declare to be applicable upon acceptance of the contract, shall not be incorporated into the contract. They shall only be valid if and insofar as expressly accepted by us in writing. 11. Applicable law / jurisdiction All legal relations between RADYS and the customer shall be governed by Swiss law. The Vienna Convention on Contracts for the International Sale of Goods shall not apply. Exclusive jurisdiction for natural persons shall lie at the registered office of CATRADE AG or at the place of residence of the customer. 12. Contact details CATRADE AG RADYS Service Center info@radys.com