General Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. Applicability of the GTC
The General Terms and Conditions (GTC) are based on Swiss law and apply worldwide, provided that the parties expressly or implicitly accept them. If a contract is concluded and the other party also submits its own terms and conditions, the terms and conditions of SWISSCAVE still apply. Deliveries, services and offers of SWISSCAVE are made exclusively on the basis of these Terms and Conditions, even if they are not expressly agreed upon again. By ordering the goods or services, these terms and conditions are deemed to have been accepted. General Terms and Conditions of Purchase of the Buyer are hereby contradicted. Deviations from these terms and conditions, changes and ancillary agreements are only effective if they are confirmed in writing by SWISSCAVE. These T&Cs are valid for an indefinite period of time until they have been amended by the parties in written agreement. In all other respects, the provisions of the Swiss Code of Obligations on the purchase contract (Art. 184 et seq. CO) as well as the other Swiss laws and ordinances apply. If a provision of this contract is/becomes invalid or the contract contains a loophole, the legal validity of the remaining provisions remains unaffected (severability clause). Instead of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes as close as possible economically to the one intended by the parties. The same applies in the event of a gap in these T&Cs.
2. Offers
Price lists and brochures contain non-binding information and guide prices. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) is to be understood as a guideline and does not constitute a guarantee of characteristics, unless they are expressly stated to be binding in writing. Telephone information is not valid for a longer period of time, unless it is clearly an offer with a specific validity date. Offers made in writing, by telephone, in a personal conversation, by fax or by e-mail are considered binding. If a party requests deliveries, products or services that are not included therein, these may be charged additionally. An offer is valid for 30 days, unless otherwise agreed in writing. All documents and samples submitted with the offer remain the property of SWISSCAVE. Information referred to by the parties as guideline values is non-binding and is only intended to estimate orders of magnitude. An offer is accepted by the buyer declaring this via online shop order, in writing, by telephone, by fax, e-mail or in a personal conversation. The seller confirms acceptance in writing, by fax or e-mail within a reasonable period of time or in accordance with the agreement. If the buyer wishes to make changes to the order confirmation, the seller will inform him within two weeks whether the change is possible and what impact it will have on the provision of the services, the dates and prices. The seller is bound to an offer to change the service for two weeks. The change does not apply to products that have already been manufactured or delivered.
3. Dates
Dates and delivery periods are non-binding, unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates by SWISSCAVE is subject to the correct and timely delivery to SWISSCAVE by suppliers and manufacturers. However, SWISSCAVE undertakes to deliver the agreed products to the buyer within the scope of its possibilities on the promised dates, while the buyer undertakes to pay for these products on the predetermined payment dates and to accept them on the predetermined delivery dates. The dates will be postponed (in advance) appropriately if obstacles arise that are beyond the Seller's control, such as natural disasters, mobilization, war, riots, epidemics, accidents and illness, significant operational disruptions, labor disputes, late or defective deliveries and official measures. In the event of other disproportionate delays, the buyer may:
1. waive further deliveries (which he must inform the seller immediately);
2. Request partial deliveries, if this is possible (which must be agreed immediately);
3. set the seller a reasonable period of time for subsequent performance (if the seller does not comply by the expiry of this grace period, the buyer may, provided that he declares it immediately, waive the subsequent performance or withdraw from the contract).
The seller must inform the buyer of any delays as soon as possible. Any damages will be calculated in accordance with Art. 191 CO. In the case of contracts that include delivery to the customer's curb, the customer is responsible for providing a telephone number in advance and in good time on which he can be easily reached for notification. The transporter brings the goods on the agreed date. On the day of delivery, the buyer must be available on the telephone number provided, sometimes in order to coordinate the exact place and time of delivery with the carrier. If the carrier is unable to deliver the goods because the buyer could not be reached by telephone during the agreed handover period and/or no one was present to take over the goods, the buyer must pay for the associated additional costs or repeated delivery. SWISSCAVE delivers all parcels and pallets (if part of the contract) to the curb. Floor deliveries can be contractually offered or ordered as an additional service.
Conditions in the case of floor delivery:
Public access to the unloading location must be guaranteed. Access to the place of use of the device must be free and sufficiently large (no crane operations, removal of doors, spiral staircase, etc.). No installation or on-site modifications (e.g. installation in the wall, fixed power connection without socket). Conditions in the case of air freight:In the case of air freight transports, refrigeration units are transported without coolant due to legal requirements. The refilling must be carried out by the customer.
4. Performance of the contract
The order confirmation/invoice is decisive for the scope and execution of the delivery. The seller delivers the products in the ordered version. Unless a special place of performance has been agreed by the parties or is evident from the nature of the transaction, delivery shall be deemed to be the provision of the products at the seller's registered office (INCOTERMS 2010: EXW [ex works]). Unless expressly agreed otherwise, the benefit and risk shall pass to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of our own, the risk passes to the buyer with the notification of readiness for shipment. The assumption of transport costs by SWISSCAVE agreed on a case-by-case basis has no influence on the transfer of risk. Unless a special acceptance procedure has been agreed, the buyer must inspect the products himself and report any defects immediately. Visible quantity differences must be reported in writing to SWISSCAVE and the carrier/parcel service immediately upon receipt of the goods, hidden quantity differences within 5 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must:
1. In the case of parcel consignments: immediately (at the latest on the following day) after receipt of the consignment of goods must be reported in writing to SWISSCAVE and the parcel service.
2. in the case of deliveries by freight forwarders: at the time of handover of the goods, by opening the packaging and checking the goods, to be noted in writing on the delivery note or the electronic delivery device and to be notified in this way.
If the buyer fails to do so, the products shall be deemed to be free of defects in all functions and the delivery shall be deemed to have been approved, and hidden defects shall be excluded. The buyer is then obliged to pay on time, unless this has already been done in advance. If, after the expiry of a grace period set for him, the Buyer refuses to accept the delivery items or declares that he does not wish to accept the goods, SWISSCAVE may refuse to fulfil the contract and claim damages for non-performance. SWISSCAVE is entitled to claim either a lump sum of 30% of the agreed purchase price or compensation for the damage actually incurred from the buyer as damages. There is no general right of return, unless this has been agreed in writing in the order (in EU countries and Great Britain, our cancellation policy applies to natural persons in deviation from this). In the event of a repossession, 30% of the purchase price will be retained for handling fees plus any customs duties and taxes (except in the case of warranty claims). Returns will only be accepted in original or equivalent packaging lashed to pallet (as delivered), scratches and other damage caused by the buyer or transporter (due to insufficient packaging) will be repaired at the buyer's expense. Even in the case of only visual damage, devices can only be sold at a discount. This is to be borne by the returning buyer.
5. Prices and payment terms
The prices are set in the offer/order confirmation/invoice. Where required by law, VAT will be added. With regard to cost transfer, the delivery conditions are clearly defined with INCOTERMS 2010. The buyer is obliged to pay net without deduction within the agreed payment period. The same applies to service expenses. If payment terms are not met, the seller is entitled:
1. to immediately demand security for all outstanding claims;
2. and/or still outstanding deliveries only against advance payment.
If security deposits or payments have not yet been made even after the expiry of a reasonable grace period, the seller can withdraw from the contract, even if the goods or part of them have already been delivered. If the buyer does not meet the terms of payment, the seller is entitled to claim damages. Costs in the event of late payment: Processing fee (at the earliest after two written reminders after the invoice date, when handed over to collection service providers) in accordance with www.fairpay.ch. Any goods that have already been delivered remain the property of SWISSCAVE until full payment has been made.
5a. Method of payment Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:Invoice: The payment period is [14] days from the dispatch of the goods/ticket/ or, in the case of other services, the provision of the service.The complete invoice conditions for the countries in which this payment method is available can be found here: Germany , Finland , Great Britain , Netherlands , Norway , Austria , Sweden , Switzerland . Installment Purchase: Klarna's financing service allows you to pay for your purchase in fixed or flexible monthly installments under the conditions indicated in the checkout. The instalment payment is due at the end of each month after Klarna has sent a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer loans for the countries where this payment method is available, can be found here (only available in the countries indicated): Denmark , Germany , Finland , United Kingdom , Norway , Austria , Sweden .
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. For more information and Klarna's Terms of Service, please visithere. General information about Klarna can be foundhere. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information provided inKlarna's Privacy Policytreated.
5b. Method of payment Cembra
Purchase on account is handled by Cembra AG. The terms and conditions of Cembra AG apply to invoices with instalment payment option, B2B invoice or 3-instalment invoice.
6. Warranty / Guarantee
The seller undertakes to take care and delivers the products in good quality. He further undertakes to carefully select and professionally work the employees deployed and to supervise them. The warranty is 2 years for natural persons, unless expressly agreed otherwise in writing. The manufacturer's warranty is also 2 years for natural persons. From 01.09.2024, SWISSCAVE will offer an extended warranty of 5 years for selected models. The warranty for partners is excluded. The guidelines of the partner contract apply to the manufacturer's warranty. The warranty or guarantee period begins on the date of delivery or provision.
There is the option of taking out an extended warranty. This can only be taken out when purchasing the product and is possible for up to 5 years within the warranty period. A warranty extension after purchase is not possible.
Insignificant deviations from the guaranteed properties of the goods as well as small scratches or discolorations on side walls, panels, door frames, inaccuracies of the digital displays, temperature values, humidity values, etc. do not trigger any warranty rights.
Our warranty service consists in the fact that we will supply replacements for justified complaints of components as a result of material or manufacturing defects at our own discretion or remedy the corresponding defects of the delivered goods by repairing them in our factory or on site. In principle, a repair is carried out, if necessary with multiple repairs. There is no entitlement to replacement, reduction or rescission or only if a repair is not economical in our opinion and is therefore refrained from. Costs and damages of any kind beyond the replacement delivery will not be covered.
The replacement of parts, assemblies or entire devices does not result in any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. Liability for normal wear and tear, as well as consumables/accessories/etc. is excluded. Warranty and other claims against SWISSCAVE are only available to the direct buyer and are not assignable. By replacing parts, assemblies or entire devices, no new maintenance periods come into force. If the buyer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the buyer changes the resold products, he is liable for the resulting damages to the seller, the buyer or third parties. The provisions of the Product Liability Act are reserved.
Furthermore, our General Terms and Conditions of Maintenance, which are applicable in connection with warranty/guarantee, apply.
7. Duty to provide information
The parties shall draw each other's attention in good time to special technical requirements as well as to the legal, regulatory and other regulations at the place of destination, insofar as they are relevant to the design and use of the products. Furthermore, the parties shall inform themselves in good time about obstacles that may call into question the contractual performance or lead to inappropriate solutions.
8. Privacy Policy
Information collected: When accessing the website, the Internet address is a prerequisite for addressing. The provider and the provider of the usage count also evaluate the access data to this page. This is the data transmitted by your browser. No further data will be collected, unless SWISSCAVE is contacted in individual cases. In this case, SWISSCAVE needs information, for example to correspond with the interested party. By expressly providing such information, such as e-mail address, address or telephone number, the party providing such information consents to its use in accordance with the following provisions: use of the data to carry out your requests, to provide advice on a case-by-case basis, to conduct an annual customer satisfaction survey, to evaluate the anonymous information provided by the provider and the provider of the usage count.
SWISSCAVE processes personal data in accordance with applicable data protection laws. The data is stored exclusively for the purpose of contract processing, maintenance of customer relationships and contact for consulting services. The data will only be passed on if this is necessary for the performance of the contract or if it is required by law.
Customers have the right at any time to obtain information about the personal data stored by SWISSCAVE, to request their correction or deletion and to object to the processing of their data. Inquiries should be sent to the address given in the imprint.
9. Final Provisions
The place of jurisdiction is exclusively at the registered office of SWISSCAVE or in Freienbach, Switzerland. The parties will endeavour to settle any disputes arising from the performance of this contract amicably.
*This is a translation of the original German General Terms and Conditions (AGB). In case of any discrepancies or questions, the German version will be considered as the primary reference.
09.2024 / SWISSCAVE AG, 8808 Freienbach, Switzerland