Kerzenmensch Schönbächler AG
Allmendstrasse 7
CH-5612 Villmergen
Fon +41 56 416 03 30
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GENERAL TERMS AND CONDITIONS
1. Scope
1.1 The current General Terms and Conditions apply for all deliveries made by Kerzenmensch Schönbächler AG to Customers. By ordering products from Kerzenmensch Schönbächler AG the Purchaser recognises the application of the terms and conditions if conditions deviating from this agreed by the Contractual Parties are not in writing.
1.2 Conditions that deviate or add to the terms and conditions, in particular the Purchaser's General Conditions of Purchase or spoken agreements between the Parties only apply if they are confirmed in writing by Kerzenmensch Schönbächler AG.
2. Conclusion of the contract
2.1 The products and prices included in the catalogues and on the Kerzenmensch Schönbächler AG website shall not be deemed to be a binding offer, but simply an invitation for an offer. The offered product as well as price increases, in particular as a result of the raw materials and transport costs increasing, are subject to change.
2.2 Owing to Kerzenmensch Schönbächler AG's catalogue or its website, the Customer can be supplied with their order by sending it by telephone, post or email to Kerzenmensch Schönbächler AG. The Customer is bound to their offer until Kerzenmensch Schönbächler AG's response. The Purchase Agreement shall be considered concluded when Kerzenmensch Schönbächler AG confirm the order by post or by email.
2.3 Kerzenmensch Schönbächler AG's products shall be dispatched from Switzerland.
3. Prices
3.1 Kerzenmensch Schönbächler AG's prices shall be understood as net prices in Swiss francs including standard packaging and transport costs, excluding VAT. For deliveries outside of Switzerland, any applicable taxes, levies, fees and customs duties shall be at the expense of the Purchaser.
3.2 For orders over CHF 800 (goods value), the delivery shall be free of charge and taken by train or lorry to the valley stations of the mountain railways. This condition only applies to deliveries within Switzerland.
4. Terms of payment
4.1 The payments shall be settled by the Purchaser at the Invoicer's – Kerzenmensch Schönbächler AG's – location.
4.2 The payment period shall amount to 30 days after the goods are dispatched.
4.3 A right of off-setting and retention shall only be due to the Purchaser for claims that are determined to be either undisputed or legally binding. In particular, the payments shall also be settled if insignificant parts of the delivery are missing without rendering the use of the delivery impossible.
5. Reservation of title
5.1 The delivered goods shall remain property of Kerzenmensch Schönbächler AG until the invoice is paid in full.
5.2 If the Purchaser acts in a way contrary to the contractual obligations, in particular in the event of arrears, Kerzenmensch Schönbächler AG shall be entitled to repossess the reserved-title goods after due warning and the Purchaser shall be obliged to hand them over.
6. Delivery
6.1 The delivery deadlines stated by Kerzenmensch Schönbächler AG shall – without express deadline guarantee – solely be understood as guidelines.
6.2 The delivery shall be made from our warehouse or to the delivery address supplied by the Customer upon agreement.
6.3 All benefits and risks shall be passed to the customer as soon as the delivery is handed over from Kerzenmensch Schönbächler AG or from one of their Agents to the Sender. This also applies to partial deliveries.
7. Inspecting and accepting the delivery
7.1 The Customer shall be obliged to receive the products on delivery or before the postal collection period for registered deliveries of seven days expires at the latest. If the Purchaser does not accept the products within this period, Kerzenmensch Schönbächler AG shall be entitled to exert its right of choice without further notice in accordance with Article 107 of the Swiss Code of Obligations.
7.2 The Customer shall inspect the products immediately after receipt to ensure that the order is complete and free of defects. Any applicable defects shall be reported to Kerzenmensch Schönbächler AG in writing or by email immediately, or eight days after receipt at the latest. After this period expires, the product shall be considered as accepted by the Customer.
8. Warranty and liability
8.1 Kerzenmensch Schönbächler AG shall only be liable for defects in the purchased goods that are attributable to their own fault. Otherwise any warranty with regard to facts or rights shall be excluded. Above all, Kerzenmensch Schönbächler AG shall not be liable for deficiencies that are caused by defective material.
8.2 If the Customer alleges a defect of the purchased goods within the relevant time limits that shall be represented by Kerzenmensch Schönbächler AG, the company is entitled to choose whether to remove the defect by subsequent improvement or deliver a replacement.
8.3 If Kerzenmensch Schönbächler AG does not perform its obligation within a reasonable period of time; the Customer is entitled to withdraw from the contract or to demand an appropriate reduction in the purchasing price.
8.4 Warranty and liability claims expire twelve months after the transfer of risk.
8.5 Due to the violation of contractual or extra-contractual obligations, in particular due to impossibility, arrears, incorrect advice, debts when the contract is concluded and unlawful acts, Kerzenmensch Schönbächler AG and its Employees or other Vicarious Agents shall only be liable in the event of malice or gross negligence.
This exclusion shall not apply in case of culpable violation of essential contractual obligations, if promised features are missing or in cases of mandatory liability in accordance with the applicable product liability for the erroneous delivery.
9. Data protection
9.1 Kerzenmensch Schönbächler AG shall be obliged to use the personal data entered by customers into their system exclusively for the purpose of processing the contract and for communicating with the Customer. Accessing or forwarding this data to third parties shall be excluded.
10. Place of fulfilment and place of jurisdiction
10.1 Kerzenmensch Schönbächler AG's shipping establishment shall apply as the place of fulfilment for the goods.
10.2 All disputes resulting directly or indirectly from the contractual relationship between the Customer and Kerzenmensch Schönbächler AG that are not settled amicably shall be decided exclusively by the courts of general jurisdiction at Kerzenmensch Schönbächler AG's place of business in Bremgarten, Switzerland.
11. Applicable law
11.1 Solely Swiss law shall apply to all Purchase Agreements concluded between Customers and Kerzenmensch Schönbächler AG.
02/2012 – Kerzenmensch Schönbächler AG, 5612 Villmergen/AG
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Quality that speaks for itself
Our top priority is to supply you with products that replicate your ideas as closely as possible and that are economical.
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