General Terms and Conditions of Wilhelm Schmidlin AG
1. Scope of application
These General Terms and Conditions ("GTC") form an integral part of any contract concluded between Wilhelm Schmidlin AG ("WSAG") and a customer.
The deliveries, services and offers of the online shop of WSAG (CHE-101.084.046), Gotthardstrasse 51, 6414 Oberarth, are made exclusively on the basis of these General Terms and Conditions, even if they are not expressly agreed again. These Terms and Conditions shall be deemed accepted upon ordering the goods or services. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the General Terms and Conditions are only effective if confirmed in writing by WSAG.
All offers and price quotations on websites, in catalogues, brochures, at exhibitions, etc. are non-binding. The prices are in Swiss francs including the statutory value added tax and, unless otherwise agreed, plus transport costs. Not included in the price and to be borne by the customer are the installation costs and all transport costs (incl. packaging, etc.). We reserve the right to adjust prices at any time (e.g. as a result of price surcharges by suppliers, additional fiscal burdens, increases in transport costs, etc.). Offers such as checked returns and clearance sales are excluded from the binding nature of availability.
3. Offers and placing of orders
The information in the sales documents (drawings, illustrations, dimensions, weights and other specifications) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated in writing as binding. Schmidlin expressly reserves the right to make technical changes. Verbal and telephone agreements shall only become binding upon our written confirmation. Once an order is confirmed it is irrevocable.
By clicking the order button on the online shop, the customer places a binding order for the products listed on the order page. WSAG shall confirm receipt of the order immediately after its receipt. Orders are only binding for WSAG after written order confirmation. If it is determined after the order confirmation that delivery of the goods is not possible or that there was a price error, the order will be cancelled or, in the case of price errors, if the goods have already been delivered, the price difference will be claimed from the customer.
In the event of price errors, the customer is entitled to return the goods to WSAG if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against WSAG or a supplier. If a customer exceeds his credit limit by placing an order, WSAG shall be released from the delivery obligation.
4. Delivery / delivery dates
Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein. In the case of transport by WSAG, the transfer of benefit and risk to the customer shall take place upon reaching the place of delivery, otherwise upon leaving the warehouse of WSAG. Transport by WSAG always takes place without unloading. If the delivery has been notified but the customer is not present at the time of delivery, the goods shall be deemed to have been duly handed over upon unloading.
WSAG shall endeavour to comply with the delivery dates. The delivery dates are always given without obligation. Failure to meet the delivery dates does not give the customer the right to withdraw from the contract. Any claims for damages on the part of the customer due to non-fulfilment or delayed fulfilment on the part of WSAG are expressly excluded. Upon delivery, accessibility for the goods must be ensured by the customer.
Returns that are not due to incorrect delivery on our part require prior notification to WSAG. Enamelled products cannot be taken back. Trade products can be returned within 14 days from their delivery. The right of return is exercised by returning the goods, which must be unopened and unused.
The exercise of the right of return leads to the conversion of the purchase contract into a returns agreement, according to which the services received under the purchase contract must be refunded.
After receipt of the goods, any purchase price already paid will be credited to the customer's customer account. However, a deduction from the purchase price to be refunded or an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs of the goods remains reserved. WSAG may refuse credit until it has received the goods back or the customer has provided proof that it has returned the goods, whichever is the earlier.
The customer is in any case responsible for packing the goods to be returned in a manner suitable for transport. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transport of the goods. The risk shall not pass to WSAG until the goods have arrived.
The customer shall inspect the goods immediately after delivery. Transport damage and defects which are recognisable on immediate proper inspection must be reported to WSAG in writing within five working days of delivery, sending the duplicate of the delivery note. Defects which are not recognisable on immediate inspection must be reported immediately after their discovery, but at the latest within twelve months after delivery. Any liability on the part of WSAG is excluded after the expiry of these deadlines for giving notice of defects.
Defects that are due to improper handling by the customer or a person commissioned by the customer are excluded from the warranty. Deviations in dimensions, surface finish, weights and colour shades that are customary in the trade or are due to production technology, as well as minor colour deviations shall not be deemed to be defects insofar as they do not significantly impair the functional capability of the product. For enamelled products, dimensional tolerances of +/- 5 mm are considered normal and do not constitute a defect. Dimensional or colour differences must be reported before further processing, otherwise any warranty claims against WSAG will be void.
In the event of the existence of defects, WSAG is entitled, at its discretion, to replace or repair the defective goods at its own expense or to grant a price reduction. Furthermore, any further liability for direct and indirect damage is excluded. This applies in particular to damage resulting from improper handling, excessive use, natural wear and tear or improper care or cleaning. Under no circumstances shall WSAG be liable for the costs of dismantling or reassembly, for associated travel and transport costs or for any damage caused directly or indirectly by the goods themselves or by their use. Modifications or repair work carried out without the written consent of WSAG as well as non-compliance with WSAG's operating instructions shall invalidate WSAG's warranty obligation, unless these are measures taken due to the customer's duty to minimise damage.
Subject to any written agreement to the contrary, the term of payment shall always be 14 days net from the date of invoice. If the payment deadline is exceeded, the customer shall be in default without a reminder. WSAG is entitled to charge reminder fees and interest on arrears at customary commercial rates.
The payment methods available for selection are published in the online shop. WSAG reserves the right to carry out a credit check if necessary.
8. Retention of title
WSAG retains ownership of all delivery items until the purchase price has been paid in full. Without the express consent of WSAG, the customer is not entitled to pass on the products to third parties before the purchase price has been paid in full
. WSAG is entitled to have this retention of title entered in the retention of title register at the customer's expense without any further cooperation by the customer. The client is obliged to cooperate in the registration.
9. Exclusion of offsetting
The customer's right of offset is excluded.
10. Data protection
WSAG undertakes to comply with data protection regulations when processing customer data.
11. Place of performance, place of jurisdiction and applicable law
The place of performance for all liabilities is the respective registered office of WSAG.
The ordinary courts at the registered office of WSAG shall be competent for all disputes arising from the contractual relationship between the customer and WSAG. At the option of WSAG, it may also bring an action at the customer's registered office or at any other statutory place of jurisdiction.
The legal relationship between the customer and WSAG shall be governed exclusively by Swiss substantive law (Swiss Code of Obligations) to the exclusion of the Vienna Sales Convention (CISG).
12. Final provisions
WSAG reserves the right to change the General Terms and Conditions at any time.