Terms of Service
These terms and conditions apply to business relationships between customers and Abusizz AG, 3920 Zermatt, hereinafter referred to as Az.
ORDER, OFFER, SCOPE OF DELIVERY AND SERVICES
2.1. Orders of the customer become binding with the written confirmation of the order by Az. Offers by Az become legally binding with the confirmation of the customer, provided that the confirmation is made within the validity of the offer. The content of the order or the offer is decisive for the scope of the deliveries and services.
2.2. Changes to orders after the conclusion of the contract require the approval of the Az. Change requests can be taken into account if these are possible for the Az and / or the manufacturer in terms of production planning. The cost of changing the order is borne by the customer.
2.3. Az is entitled to make changes to the execution that deviate from the content of the order confirmation, provided that these include improvements. Services that go beyond the order confirmation will be invoiced separately by the Az.
DELIVERY TIMES, DELIVERY COSTS, DELIVERY, ASSEMBLY, SERVICE
3.1. Delivery times are clarified as precisely as possible. Nevertheless, they are non-binding and exceeding them does not lead to any consequences of default. Delays, in particular due to changes in the order, do not entitle the customer to cancel the contract or to assert claims for damages or further claims.
3.2. The customer is obliged to accept the entire order no later than 14 days after the agreed and confirmed delivery date. In the event of default in acceptance, Az is entitled to charge the additional costs it incurs (storage and logistics costs, default interest, etc.). A partial refusal to accept the order or return is excluded.
3.3. In accordance with Art. 214 Para. 3 OR, Az expressly reserves the right, in the event of default by the customer, in particular if the purchase price is not paid, to demand the return of the item and to take it back at the customer's expense.
ACCEPTANCE OF THE ORDER, TRANSFER OF BENEFIT AND RISK
4.1. The transfer of benefit and risk to the customer takes place at the time of the exit from the warehouse at Az, or if necessary after completion of the installation, if this is done by Az. Complaints regarding the order must be made in writing to Az immediately after receipt, but no later than three working days after delivery. This also applies in the case of partial deliveries.
4.2. The customer must immediately complain about transport or assembly damage to the assembly and / or transport personnel and arrange for a damage report. This is to be mutually signed.
PAYMENTS AND PAYMENT TERMS
5.1. Payments are made in Swiss francs (CHF) plus statutory VAT.
5.2. For new customers and online orders, the goods are only delivered against prepayment.
5.3. In other cases, the purchase price is due upon delivery of the order. If payment is not made within the agreed period, the customer is in default without further warning.
5.4. The following payment conditions apply to an order amount of CHF 50,000 or more:
1/3 down payment when placing the order within 10 days, strictly net
1/3 down payment if the goods are ready for delivery within 10 days, strictly net
1/3 final payment after delivery within 10 days strictly net
5.5. The default interest rate is 5% per year. Further damage caused by default is reserved.
RESERVATION OF TITLE
The delivered products remain the property of Az. Az reserves the right to have the retention of title entered in the retention of title register until payment has been made in full. It is also entitled to notify the customer's landlord of the retention of title in a suitable form.
7.1. Unless otherwise agreed in writing, Az provides a guarantee for the products it supplies, with the replacement of the statutory warranty regulation. The subcontractors' guarantee conditions are decisive. This does not apply to damage caused by improper use, misuse, incorrect handling, etc.
7.2. Excluded from the guarantee are: glass breakage, structural and slight color deviations from the material and color sample in the natural products wood and leather, as well as scars and folds in the leather.
7.3. Defects are to be reported in writing and justified within 5 working days.
7.4 Defects that are subject to the guarantee and notified in good time give the customer the right to request repairs or replacement of the defective part, but not to demand the cancellation of the contract. Az. Decides on the type of removal of defects (repair or replacement).
Az is only liable for direct damage caused by gross negligence or intent. Any further liability is excluded. Az assumes no liability for lost profit and / or indirect or indirect damage that the customer or a third party may suffer.
Liability is completely waived in the following cases in particular: outside interference, unsuitable or improper use, misuse, incorrect assembly (if the assembly was not carried out by Az), natural wear and tear, incorrect or negligent treatment.
DATA PROTECTION / USE OF PERSONAL DATA
The customer agrees that Az and the assistants it has called in can process the personal data received for the justification (e.g. for the purpose of address verification and credit check) and administration of the contractual relationship as well as for the implementation and processing of the transactions initiated via the website (including names, postal and E-mail address).
The customer data is processed in accordance with the principles of Swiss data protection law.
In the event of a legal dispute, Az reserves the right to use electronic data that it has received as part of the mediation and the conclusion of the contract.
Inquiries on the subject of data protection can be directed to email@example.com.
ASSIGNMENT AND SET-OFF PROHIBITION
The assignment of rights from the contracts concluded with Az requires the written consent of Az. The repayment of claims of the Az by the customer by means of offsetting is excluded.
The place of jurisdiction is Visp (VS). Swiss law applies.
Provisions that differ from these GTC only apply if they have been agreed in writing. Any general terms and conditions of the customer only apply if they have been confirmed in writing by Az.
ADAPTATION OF THE TERMS AND CONDITIONS
Az is entitled to adapt these terms and conditions at any time. The current terms and conditions are always on the website www.abusizz.ch evident.
Valid from January 1st, 2020