General terms and conditions of sale and warranty
Last modified: 20.07.2018
Please find below, the General Terms and Conditions of Sale (GTCS), which serve as the basis for processing and fulfilling the purchase contract of customers on the various SwissKH Sàrl websites.
These terms and conditions apply both to deliveries to “entrepreneurs”, i.e. natural persons, legal entities or legal entities with whom we have established a business relationship in the course of their independent commercial or professional activity, and to deliveries to “consumers”, i.e. natural persons with whom we have established a business relationship which is not part of an independent commercial or professional activity.
All offers, deliveries and services as well as the associated conclusion of contracts between SwissKH GmbH as supplier and the purchaser are subject to these general terms and conditions. Other conditions apply only if they have been expressly agreed in writing by the parties.
By placing an order, the purchaser expressly undertakes to purchase the goods ordered. The contract comes into effect when we expressly confirm the order, or when the order is fulfilled upon delivery of the goods.
With customized special tools, the purchaser is responsible for the accuracy of the specifications (drawings, measurements, spelling, etc.) he provides. To avoid errors and costs, these specifications must always be submitted in writing. Special tools cannot be taken back or exchanged.
1. ACKNOWLEDGEMENT OF CONDITIONS
The customer accepts the General Terms and Conditions of Sale and Guarantee (GTCG) upon placing an order, and this applies to all orders for products and/or services found on the various SwissKH Sàrl websites. The contractual relationship between SwissKH Sàrl and the customer is governed by Swiss law. This document is an integral part of the sales contract.
2. CONCLUSION OF CONTRACT
2.1 Contracts concluded with SwissKH Sàrl are exclusively in French. When ordering items, your contracting party is SwissKH Sàrl, Rue des Neufs-Champs 17, CH-2854 Bassecourt.
2.2 By confirming an order, you place a binding order for the items in your shopping basket. We will confirm receipt of your order by e-mail once full payment has been received. A contract is then concluded between the customer and SwissKH Sàrl.
2.3 Please note that if you choose to pay by bank transfer, the order for the merchandise will only take effect on receipt of full payment for the merchandise and any shipping costs.
2.4 The contents of advertising brochures and catalogs as well as information contained in technical documentation and property guarantees are not binding without express written consent. The manufacturer reserves the right to make goods available at any time. Installation and operating instructions are therefore only included in the scope of delivery if they are made available by the manufacturer.
3. PRICES AND SHIPPING COSTS
3.1 Prices are quoted in Swiss francs.
3.2 The prices indicated on the articles at the time of ordering apply. Annotations indicate whether prices include or exclude VAT. Prices do not include shipping costs.
3.3 Shipping costs are automatically calculated according to the destination and content of the order. They are shown in the order summary before the order is placed.
3.4 Depending on the shipping options or Incoterms selected or agreed when the order is placed, additional costs (such as customs duties, taxes, transport costs, etc.) may be added. In such cases, packaging and shipping costs will be invoiced separately.
3.5 We reserve the right to change prices at any time. The prices quoted at the time of ordering are decisive.
4. PAYMENT
4.1 We offer our customers the possibility of using different payment methods, such as prepayment by bank transfer and invoicing. Invoicing is a possibility reserved for certain industrial customers (on file). We reserve the right not to accept a particular method of payment for each order. You are responsible for any cash transaction costs and exchange rates.
4.2 The order will be considered accepted by SwissKH Sàrl when the banking institutions have given their agreement and SwissKH Sàrl has validated the order by sending an e-mail containing an order confirmation to the customer’s address listed in the customer account.
4.3 In order to limit fraud, SwissKH Sàrl reserves the right to request proof of the customer’s address and identity before confirming the order. SwissKH Sàrl also reserves the right to cancel the order in the absence of such proof or in the case of data deemed to be incorrect.
4.4 In the event of a refund, we will reimburse you to the account you used for payment. If the refund is due to an order error or a voluntary return by the customer, any bank charges will be borne by the customer.
4.5 In the case of delivery against invoice, the purchase price must be paid within 30 days of the invoice date. In the event of late payment, interest on arrears of 8% will be charged without prior notice.
4.6 The goods delivered remain the property of SwissKH GmbH until the invoice has been paid in full.
5. DELIVERY
5.1 Unless otherwise agreed between the customer and SwissKH GmbH, the order will be delivered to the delivery address indicated in SwissKH GmbH’s customer account.
5.2 We are only obliged to deliver items that are in stock and those that we can order from our suppliers. We ship orders within Switzerland and Europe. If the delivery period is stated in working days, this means all days from Monday to Friday. This does not include Saturdays, Sundays and Swiss public holidays.
5.3 The information provided by the customer when placing an order (name, billing and delivery address) is binding. SwissKH Sàrl is not responsible for any errors made by the customer when registering his/her account or placing an order.
5.4 The shipping date is indicated in the order confirmation that will be sent to you by e-mail. In the case of bank transfers, dispatch begins at the earliest on the working day following receipt of payment in SwissKH Sàrl’s bank account. We ship your order within Switzerland and Europe. If the delivery time is stated in working days, this means all days from Monday to Friday. This does not include Saturdays, Sundays and Swiss public holidays.
5.5 SwissKH GmbH points out that, in accordance with Art. 185 of the Swiss Code of Obligations, the risk passes to the purchaser upon conclusion of the contract.
5.6 If the goods ordered are no longer deliverable, the customer is free to cancel the order or to choose a proposed replacement product. The replacement product offered may vary in terms of quality and price.
5.7 The purchaser is informed that the export of certain products (including software and documentation) may be subject to restrictions or licensing, e.g. due to the nature of the products, the intended use or the place of destination. The purchaser undertakes to comply strictly with all applicable export control and sanction regulations, in particular those of Switzerland, the European Union, the member states of the European Union and the United States.
6. LIABILITY
6.1 SwissKH GmbH shall not be liable for breach of contract, impossibility of performance, delay in delivery, warranty or any other legal grounds.
6.2 Under no circumstances shall the purchaser be entitled to compensation for damages not directly related to the delivered item, such as loss of production, loss of use, loss of orders, third-party claims, loss of profit or other consequential or indirect damages.
7. RIGHT OF RETURN
7.1 SwissKH GmbH accepts a right of return for a total of 10 days for items with a value of less than 200CHF including VAT, from receipt of the goods. In order to exercise the right of return, the customer must not have used the goods, and they must be returned whole and intact, and in their original packaging.
7.2 To exercise this right, the customer must notify SwissKH GmbH in writing within 3 days of receipt.
7.3 Returned goods must be sent against a signature.
7.4 A right of return is excluded for personalized products and products not available in stock and specially obtained for the buyer.
7.5 Return costs and risks shall be borne by the purchaser.
7.6 In the event of legal exercise of the right of return, we will refund any payments already made or record a credit after receipt of the goods.
8.WARRANTY
8.1 The legal warranty of two years applies to private individuals and one year to legal entities. During this period, the customer may request repair or replacement of the defective product.
8.2 Products are guaranteed by their manufacturers for the duration and according to the terms indicated on the site and on the guarantee attached to the product. No warranty claims will be accepted beyond the period offered by SwissKH Sàrl.
8.3 SwissKH Sàrl warrants that the goods are free from defects in materials and workmanship. For goods produced by another manufacturer, the warranty coverage and conditions of the manufacturer concerned shall apply.
8.4 The warranty is excluded in the case of defects caused by the customer. Particularly in the case of improper handling or misuse.
8.5 Immediately after each delivery, the purchaser undertakes to check for external damage, incorrect or incomplete deliveries. Complaints must be made within 3 working days of receipt of delivery. During the warranty period, any defects must be notified to us as soon as possible after they occur. If no defect is found, or if the defect is not subject to warranty, we reserve the right to pass on the costs of inspection and dispatch to the purchaser.
8.6 Defects covered by the warranty will, at our or the manufacturer’s discretion, be repaired or exchanged for goods of the same value. All other warranties are excluded. In particular, the purchaser has no right to modification or reduction.
8.7 We will also carry out repairs and maintenance on the goods we offer. The associated costs are to be borne by the purchaser. If a purchaser expressly requests an estimate, he will be invoiced for the expenses incurred and a handling surcharge if he refrains from carrying out the order or repairs.
9. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
9.1 SwissKH Sàrl reserves the right to modify or adjust the general terms and conditions of sale in the future if technical or legal reasons make this necessary. Amendments become part of the contract when the customer accepts them.
9.2 If individual clauses of the contract are or become wholly or partly invalid, or if the contract contains an unforeseen loophole, the validity of the remaining clauses or parts of these clauses remains unaffected. Ineffective or missing clauses are replaced by the corresponding legal regulations.
10. FINAL PROVISIONS
10.1 Data protection: The data collected relating to the purchaser will be treated confidentially and with all due care. We also refer to our privacy statement.
10.2 Modifications: We reserve the right to adapt or modify these terms and conditions at any time should the need arise.
10.3 Partial invalidity: The invalidity of individual provisions of these general terms and conditions or of the supply contract concluded with the customer shall not affect the validity of the remaining provisions.
10.4 Applicable law: This contract and all legal relations between the parties are governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11. PLACE OF JURISDICTION
Place of performance and jurisdiction: Subject to mandatory legal provisions, Porrentruy (Switzerland) is designated as the place of performance and place of jurisdiction. In all cases, we reserve the right to take legal action against the purchaser at his place of business or residence.
SwissKH Sàrl
Rue des Neufs-Champs 17
2854 Bassecourt