GENERAL TERMS AND CONDITIONS OF BUSINESS (GENERAL TERMS AND CONDITIONS)
The following "General Terms and Conditions of Business" (AGB) are accepted by the customer as binding by creating his order. Special agreements require the written form. Our terms and conditions shall also apply to all subsequent transactions, even if they are not referred to again upon conclusion.
2. validity - prices
Deliveries are always made at our prices valid at the time. With the publication of new prices, all previous price quotations, even on older order forms, lose their validity. Our price quotations are only valid for the delivery of the products mentioned to the addressed group of buyers.
The costs for delivery (postage) and packaging will be charged for all orders with A- Post CHF 12.00. Delivery is usually made at short notice from stock. If an ordered item is not in stock at the time of receipt of the order, we reserve the right to deliver the item at the earliest possible date. The use of a new delivery date within a reasonable period of time by us does not entitle the buyer to withdraw from the purchase contract or to claim damages of any kind. Our obligation to deliver shall be suspended as long as the buyer is in arrears with a liability to us.
Shipment is at the buyer's own risk, even if we have to deliver carriage paid. At the request of the buyer, we will assist in asserting possible transport damage, but only if the buyer has not failed to have any transport damage certified immediately by the post office, railway or responsible forwarding agent, and only if he notifies us of the damage immediately. In the event of justified and timely notices of defects, a free replacement delivery or elimination of the defects will be made in return for the return of the defective goods free of charge and encumbrances.
5. force majeure
Force majeure, operational disruptions, delivery delays by upstream suppliers, shortages of raw materials, energy or labour, strikes, lock-outs, difficulties in procuring means of transport, traffic disruptions and acts of government release us from the obligation to deliver for the duration of the disruption and in dealing with its effects.
Our invoices are payable as follows: 30 days net In case of default of payment we are entitled to charge interest
7. retention of title
The delivered goods remain our property until the purchase price has been paid in full. The buyer must immediately report in writing any access by third parties to the goods delivered under reservation of title. Disposals outside the normal course of business, such as transfers by way of security, pledges and similar are not permitted.
Complaints about the quality or quantity of the delivered goods must be made within one week of receipt of the goods. We shall comply with justified complaints by way of a price reduction, exchange or return of the goods at our discretion. Further claims of the buyer, especially claims for damages, are excluded. Rejected goods can only be returned with our consent. Goods returned without a justified reason according to the law or our general terms and conditions will not be accepted. In the case of returns, refurbishment costs may be charged. The goods to be returned (except for defective products) must be packed in such a way that they arrive at Body Esthetic GmbH in perfect condition, otherwise the claim for reimbursement of costs shall not apply. Returns caused by obsolescence or disposition errors at the customer's premises cannot be considered.
9. trademarks and brand names
Our trademarks and the brand names assigned to our products may only be used with our prior written consent.
10. place of performance and jurisdiction
Place of performance and jurisdiction for the mutual obligations is the municipality of Birmensdorf (ZH)
11. partial invalidity
Should one of the above terms and conditions become invalid, the validity of the remaining provisions shall not be affected.
12. data protection
Due to the Swiss Data Protection Act, we are obliged to inform you that the data relevant to our business relations are stored electronically. Valid from 01.05.2008. With the publication of this price list, price and order lists of earlier dates become invalid. Deliveries are made according to the general terms and conditions.