General Terms and Conditions
- 1 Validity of the conditions
The deliveries, services and offers of BÜSSLI-SHOP GMBH are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions are deemed to be accepted when the goods or services are ordered. General terms and conditions of purchase of the buyer are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
- 2 Offer and conclusion of contract
The offers of BÜSSLI-SHOP GMBH in price lists and advertisements are subject to change and non-binding. Orders are only binding for BÜSSLI-SHOP GMBH after written confirmation. Offers such as stock exchanges and sales are excluded from the binding nature of availability. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties, unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we are released from our obligation to deliver. BÜSSLI-SHOP GMBH does not sell alcoholic beverages to young people under the age of 16 or spirits to young people under the age of 18. We reserve the right to carry out an age check before handing over or delivering the goods.
- 3 Prices
The prices stated in our order confirmation are authoritative. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the daily price on the order date shall apply. Unless otherwise agreed, the prices do not include transportation costs and statutory VAT. The current prices are published in the online store, subject to price changes and errors.
- 4 Delivery and performance time
Dates and delivery periods are non-binding, unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by BÜSSLI-SHOP GMBH is subject to the correct and timely delivery to BÜSSLI-SHOP GMBH by suppliers and manufacturers.
- 5 Default of acceptance
If the buyer refuses to accept the delivery items or declares that he does not wish to accept the goods after a grace period set for him has expired, BÜSSLI-SHOP GMBH may refuse to fulfill the contract and demand compensation for non-performance. BÜSSLI-SHOP GMBH is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer.
- 6 Delivery
Accessibility to the goods must be guaranteed by the customer during delivery and assembly.
Visible differences in quantity must be reported to BÜSSLI-SHOP GMBH and the carrier in writing immediately upon receipt of the goods, concealed differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
- 7 Transfer of risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transportation. If the shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. Any assumption of transportation costs by BÜSSLI-SHOP GMBH agreed in individual cases has no influence on the transfer of risk.
- 8 Warranty
The warranty period in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not comply with the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or tampering or opening of devices. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. Liability for normal wear and tear as well as consumables/accessories/used batteries/rechargeable batteries is excluded. Warranty claims against BÜSSLI-SHOP GMBH are only available to the direct purchaser and are not transferable.
- 9 Returns
For returns, we require that the defective part or device is sent or delivered to BÜSSLI-SHOP GMBH for repair with a completed repair form and a copy of the invoice with which the device was delivered. A return of products by the customer requires the prior consent of BÜSSLI-SHOP GMBH and is at the expense and risk of the customer. The products must be returned in their original packaging and accompanied by a detailed description of the fault/defect and a returns number. Products that we procure at the customer's request and opened software cannot be returned. The replacement of parts, assemblies or entire devices does not result in a new warranty period. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the equipment to be repaired, the buyer must ensure that any data on the equipment is backed up with copies, as this may be lost during repair work. After receipt of the goods, any purchase price already paid will be credited to the customer. However, we reserve the right to deduct the purchase price to be refunded or to invoice for possible damage, excessive wear and tear of the goods or shipping costs.
- 10 Retention of title
The delivered goods remain the property of BÜSSLI-SHOP GMBH until full payment has been received.
- 11 Payment
Invoices are payable immediately or within 10 days net, depending on the agreement, unless otherwise agreed. Delivery is always freight collect, i.e. at the buyer's expense by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise. Payment shall only be deemed to have been made when we can dispose of the amount. Checks shall only be accepted on account of performance and shall only be deemed payment after they have been cashed. If the buyer is in default of payment, we shall be entitled to charge interest at a rate of 5% from the relevant date. During the period of default, BÜSSLI-SHOP GMBH is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to demand compensation for the loss of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In such cases, we shall be entitled to withhold outstanding deliveries or to perform only against advance payment or securities.
- 12 Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC in addition to our GTC. (powerpay.ch/en/agb).
- 13 Small quantity surcharge
Up to an order amount of CHF 79.00 we charge a small quantity surcharge of CHF 9.00. This does not apply if you collect the goods (by arrangement).
- 14 Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, except in cases of willful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.
- 15 Data protection
The privacy policy is an integral part of these GTC. By accepting these GTCs, you also agree to the privacy policy.
- 16 Place of jurisdiction
Lucerne is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.