General Terms and Conditions for

Online-Shop customers of OBOES.CH

1.            Validity

1.1.       These General Terms and Conditions (hereafter: "GTC") define all business contracts between OBOES.CH LTD (hereafter: "OBOES.CH") and its customers. With the placement of an order the customer accepts without reservation that all provisions of the GTC on the contractual relationship between OBOES.CH and the customer are legally binding.

1.2.       No other contractual Terms and Conditions claimed by the customer may be applied to sales by OBOES.CH. Any claim by the customer to have ordered goods on the basis of any other Terms and Conditions than those declared in this document is to be regarded as null and void. Any Terms and Conditions whatsoever claimed by the customer (particularly in regard to conditions of delivery or contractual stipulations) which are contrary to these GTC shall not be applicable in any form or at any time, regardless of when or in whichever form they are brought to the notice of OBOES.CH.

1.3.       Changes and additions to these GTC must be served in writing exclusively by OBOES.CH.

1.4.       With the placement of an order, the customer expressly accepts the GTC of OBOES.CH as an integral part of the contract.

1.5.       Should any single clause of these GTC prove to be invalid, ineffectual or unrealisable, so shall the remaining clauses retain their full validity, effectivity and realisability. In place of any clause proved invalid, ineffectual or unrealisable, a course of action shall be agreed between OBOES.CH and the customer that most closely resembles the intent of the original order, in the economic interest of both parties.

2.           Conditions of delivery

2.1.       Delivery costs

Deliveries within Switzerland are effected by post. There is a minimum charge of CHF6,- per delivery. On orders exceeding a value of CHF2500,- there will no delivery charge levied. Fees for Express delivery or any exceptional transport or service costs will be charged to the customer.

2.2.       Entire and partial deliveries

Unless otherwise indicated on the order, OBOES.CH reserves the right to deliver the goods ordered as one complete delivery or as several partial deliveries. Customers will not be charged for supplementary deliveries.

2.3.       Delivery times

Statements of delivery times by OBOES.CH are nonbinding. Generally, if a product is available and no other agreement has been made, articles will be dispatched within 2-3 working days.

2.4.       Express delivery

Should the customer require express delivery, the fees for express delivery (minimum CHF16,- per package) will be charged to the customer.

2.5.       Defects

Upon delivery the customer must check the contents of each consignment and/or the condition of the agreed service that the delivery is complete and without faults. Any complaints must be made in writing within 5 days of receiving the delivery or service. Otherwise, the customer accepts that the delivery or service was accomplished according to the terms of the contract and that the products delivered and/or services rendered were in perfect condition at the time they were checked on delivery.

2.6.       Reservation of property rights

The products delivered remain the property of OBOES.CH until the entire invoiced amount has been credited to the accounts of OBOES.CH.
 

3.           Complaints and returns

3.1.       Complaints

Complaints may be made in writing in respect of deficient deliveries (incorrect articles, incorrect quantities, damage, etc). Reed cane that has been further processed by the customer or reeds that have been used beyond a brief blowing test cannot be the subject of a complaint.

3.2.       Limit of complaints period

Any complaints must be received by OBOES.CH within 5 days of reception of the goods by the customer.

3.3.       General rules for complaints

Each written complaint must contain the following information:

-              Delivery- or Invoicenumber

-             Article number

-             Quantity

-             Grounds for complaint

3.4.       Complaints procedure

If possible, defective parts will be replaced, however OBOES.CH reserves the right to correct the protested goods. OBOES.CH reserves the right to reduce an order at any time. A reduction will generally take the form of a credit voucher for a future order. The customer has no right to a cash reimbursement.

3.5.       Rules for disputed goods

If OBOES.CH elects to replace the disputed goods, the customer must return them at his/her own cost to OBOES.CH, OBOES.CH is entitled to demand that the disputed goods are returned before deciding on the subsequent course of action.

Should the goods be returned to OBOES.CH, the delivery must contain the following information:

-             Delivery- or Invoicenumber

-             Article number

-             Quantity

-             Grounds for complaint

-             Confirmation, that the returned goods have been appropriately and properly stored

-             Date and signature

 4.           Order and price system

4.1.       Orders

Orders may be made by telephone, in writing (letter, fax or email) or per Internet.

4.2.       Prices

Invoices will be made according to the prices valid at the time of the order. The latest price information may be requested from OBOES.CH at any time. Publicised prices (internet, brochures, etc.) may only be regarded as guidelines and do not represent binding price quotes.

All quoted prices are before tax: orders within Switzerland are subject to the imposition of value added tax (Mehrwertsteuer)

Goods ordered for delivery to other countries may be subject to the imposition of local taxes and import duties.

5.           Payment

5.1.       Methods of payment

Deliveries in Switzerland include a pay-in slip (Einzahlungsschein) which must be used to effect payment. Deliveries to foreign countries must be paid in advance by PayPal or bank transfer. Payment by PayPal is subject to a surcharge of 5% on the value of goods ordered.

5.2.       Period of payment

The invoice must be paid in full within 10 days of issue. It must also be paid in full when the goods delivered are the subject of a complaint (e.g. in the case of disputed goods). The customer does not have the right to retain any part of the sum of the invoice, or to offset the invoice with any counterclaim against OBOES.CH.

5.3.       Delayed payment

After expiry of the period of payment, the customer is automatically and without notice of demand in default. OBOES.CH is then entitled to cancel previously confirmed deliveries.

5.4.      Recalculation

OBOES.CH is entitled without further agreement to recalculate assets or counterclaims of the customer vs OBOES.CH against claims by OBOES.CH vs the customer.

5.5.       Objection to invoicing

Unless the customer raises a written and justified objection to the invoice before expiry of the period of payment, the invoice is to be regarded as accepted. Should the objection apply only to a part of the invoice, OBOES.CH is entitled to demand the timely payment of the nondisputed part of the invoice. Should payment then be delayed, OBOES.CH is entitled to take the appropriate steps.

5.6.       Advance payment

OBOES.CH is entitled in particular cases to make a delivery contingent upon advance payment.

6.           Liability and transfer of risk

6.1.       Liability

OBOES.CH is liable for deficiencies exclusively according to Paragraph 3 of these GTC. No further claims to liabilty or other guarantee is admissable. OBOES.CH is reponsible only for direct damage to the interests of the customer that occurs willfully or negligently. No further responsibility is admissable. Liability for indirect or consequent damage or for loss of income is excluded.

6.2.       Transfer of risk

When OBOES.CH delivers any products or services through its own delivery service or via an external transport company, the risk is transferred to the customer at the moment of delivery to the customer. Should the delivery be expedited by post, the risk is transferred to the customer at the moment of consignment to the post.

7.           Data protection and privacy

7.1.       Data processing

The customer agrees and confirms that OBOES.CH is entitled to collect, store and process customer data for the purposes of conducting business, the correct carrying out of orders, the pursuit of in-house marketing and in-house market research.

7.2.      Transfer of customer data to third parties

OBOES.CH may transfer customer data to third parties should this be necessary to achieve the purposes listed under paragraph 7.1 Beyond these purposes, OBOES.CH undertakes to divulge no confidential customer information without the express permission of the customer, except when the disclosure of such information to a third party, public authority or court is mandated by law.

8.           Changes to the GTC

OBOES.CH reserves the right to alter these GTC at any time. Every order is subject to the GTC which is current at the moment the order was made. The electronic form of the GTC as published on the OBOES.CH website represents the only valid version at any one time, and can be retrieved from the site at any time. Printouts are for information only, and the date of the printout must be verified by the user.

9.           Place of jurisdiction

Business relations between OBOES.CH and its customers are subject exclusively to Swiss law, as administered by the Swiss courts at the seat of business of OBOES.CH. OBOES.CH reserves expressly the right to file legal action at any other responsible court.

© 2015 OBOES.CH GMBH