TERMS OF SERVICE
Laughter, December 10, 2019
TERMS AND CONDITIONS
1.1 These general terms and conditions apply to all offers and/or purchase and delivery contracts between daCarbo AG as the seller and the customer as the buyer. These general terms and conditions are published on our website www.dacarbo.ch.
1.2 daCarbo AG has its registered office at Beulweg 58, 8853 Lachen, Switzerland.
1.3 The customer: the natural (or legal) person in their capacity as buyer and recipient of the products manufactured and/or services provided by daCarbo AG.
1.4 The contract: the contract for the purchase and delivery and/or provision of products and/or services between daCarbo AG as seller and the customer as buyer.
1.5 Changes to the contract are only valid if they are confirmed in writing by daCarbo AG.
General terms and conditions other than those of daCarbo AG do not apply. By placing an order, you accept this agreement, unless otherwise agreed in writing.
2. OFFERS / ORDERS / AGREEMENT / PRICES
2.1 All offers made by or on behalf of daCarbo AG orally or on the internet, in newspapers and/or weekly newspapers, magazines, announcements, letters, faxes and e‑mails and/or price offers are free of any obligations. However, they always represent an invitation to start negotiations, which is in no way binding for daCarbo AG, unless expressly agreed otherwise.
2.2 Offers and price information are based on the data provided by the customer. daCarbo AG is entitled to assume that this data is correct and complete.
2.3 The contract between the customer and daCarbo AG is concluded as soon as daCarbo AG has confirmed the order placed by the customer by e-mail or on our website by e-mail.
2.4 Changes to the original agreement, of whatever kind, which are made verbally or in writing by or on behalf of the buyer and which cause higher costs than could be taken into account at the time the cost estimate was prepared, can be additionally charged to the customer by daCarbo AG be asked.
2.5 Prices are to be read in the currency indicated and include VAT. The www.dacarbo.ch website uses cookie technology to display product prices to website visitors based on the website visitor’s IP location, which is used as a key indicator of the shipping destination country. The products are invoiced in a currency specified by daCarbo AG.
2.6 daCarbo AG is entitled to charge the customer for price-increasing factors such as state import duties, levies, taxes, surcharges as well as insurance and freight rates.
3.1 When you have placed an order, you will receive a confirmation by email as soon as possible with an overview of your order and the total cost.
3.2 Each order will not be delivered until the corresponding payment has been received, ie when the amount owed by the buyer has been credited to daCarbo AG’s bank account. You can pay by bank transfer to our bank account.
3.3 Payment must be made in full within 10 days of the confirmation referred to in clause 1 of this article. After receipt of your payment, daCarbo AG will send you a confirmation by email.
3.4 If the purchase price is not paid in full within 10 days, the customer is in default without the need for a reminder or notice of default. At this moment, all open invoices from daCarbo AG are due for payment immediately and without deduction.
3.5 From the time of default, the customer owes daCarbo AG default interest of 1.5% per month on the total amount owed.
3.6 If daCarbo AG has to use the services of a collection agency or an external legal advisor because the customer does not meet his payment obligation in accordance with Article 3 Paragraph 3, the costs incurred by daCarbo AG in this regard shall be borne by the customer because the customer has not fulfilled his obligations does not comply with the contract and/or these General Terms and Conditions.
4. RESERVATION OF TITLE
4.1 daCarbo AG remains the owner of the goods delivered by it until the customer has fulfilled all his obligations towards daCarbo AG from the transactions concerned, the previous transactions and the subsequent transactions. Until this time, the customer is obliged to store the products delivered by daCarbo AG separately from other products that are clearly marked as the property of daCarbo AG and to insure them properly.
4.2 If the customer does not meet one of the obligations in accordance with Art. 4 Para. 1 towards daCarbo AG or if there is a justified fear that the customer will not meet the aforementioned obligations, daCarbo AG is entitled to take back the delivered products immediately without notice of default , regardless of where they are stored. The costs of the return shall be borne by the customer.
4.3 As long as the aforementioned claims have not been settled, the customer may neither dispose of the products in question nor create a right of lien or a non-possessory right of lien on these products.
5. DELIVERY AND TRANSPORT
5.1 The order will be shipped within 5 to 180 days after receipt of the relevant payment.
5.2 This period may be longer if the ordered product is not in stock. daCarbo AG will contact the buyer after payment with the expected delivery date.
5.3 If a product has to be manufactured according to specifications given in writing by the customer that deviate from the standard, the delivery period agreed in the specific case applies.
5.4 The specified delivery times are approximate and are not deadlines that must be met under threat of loss of rights, unless something else has been expressly agreed.
5.5 daCarbo AG offers customers worldwide free shipping for orders with a minimum order value of USD 500.00 or more. The costs for transport within and outside Switzerland are borne by daCarbo AG. daCarbo AG reserves the right to refuse free shipping if the estimated cost of shipping to the destination country exceeds 10% of the value of the goods. In this case, daCarbo AG will contact the buyer and negotiate the shipping conditions and/or offer to cancel the order. All products are shipped with the services of a professional transport company. Shipping outside of Switzerland is only carried out according to the rules and conditions of the transport company.
5.6 daCarbo AG determines the mode of transport, unless the parties expressly agree otherwise. All transport is insured by the standard insurance taken out by the transport company. If the customer requests higher insurance than the standard insurance, the corresponding additional costs shall be borne by the customer. The provisions contained in the transport company’s conditions cannot affect the provisions of this section.
5.7 daCarbo AG ships either DDP (Delivered Duty Paid) or DAP (Delivered At Place), depending on the address of the delivery country. As such, daCarbo AG will explain on the invoice before payment whether daCarbo AG will bear the import or customs costs or whether the customer will have to bear the import and customs costs as follow-up costs, which will be invoiced by the transport company before delivery .
6. EXCHANGE / RETURN
6.1 If an incorrect or damaged product was delivered, daCarbo AG will take this product back at its own expense and deliver a replacement product to the buyer, provided that the conditions according to Section 4 of this article are met.
6.2 If an event referred to in Article 6 paragraph 1 occurs: a. Products can only be exchanged if they are (re)packed in their original packaging; b. Products can only be exchanged if they are in the same condition as when they were delivered.
7. FORCE MAJEURE
7.1 Force majeure means circumstances that prevent compliance with the agreement and that cannot be attributed to daCarbo AG.
7.2 Force majeure includes in any case, but not exclusively: labor disputes, war, terrorism, natural disasters, problems with suppliers / transport / production, exchange rate fluctuations, government or official measures, unrest, acts of war, fire, water damage and other industrial turbulence at daCarbo AG and/or its suppliers as well as breach of contract by the suppliers of daCarbo AG.
7.3 In the event of force majeure, daCarbo AG is entitled to suspend performance of the contract or to (partially) dissolve the contract without judicial intervention and without having to pay the customer any compensation in this regard.
7.4 If the force majeure circumstances last longer than six months or it has become apparent that the force majeure circumstances will last longer than six months, both parties are entitled to (partially) dissolve the agreement. In this case, too, daCarbo AG is not obliged to pay the customer compensation.
8.1 All products delivered by daCarbo AG are to be checked for quality before dispatch.
8.2 Complaints about visible defects in delivered products must be reported to daCarbo AG by email as soon as they are discovered, but in any case within seven days of receipt.
8.3 Defects in part of the delivered goods do not give the buyer the right to reject the entire delivered shipment.
9.1 daCarbo AG is not liable for damage suffered by the customer, unless the damage is the result of gross negligence or intent on the part of daCarbo AG.
9.2 daCarbo AG is under no circumstances liable for commercial damage, damage caused by delay, loss of profit or stagnation damage or for other consequential damage to the customer.
9.3 Liability for damages is expressly limited to the invoice amount excluding duties and taxes for the delivery on which the claim for damages was based.
9.4 Any further liability is expressly excluded.
10. TERMINATION OF AGREEMENT
10.1 daCarbo AG is entitled to dissolve the contract without judicial intervention and without prior notice of default if the customer does not meet his obligations under the contract, if the customer has applied for or been granted a suspension of payment, if the customer has gone bankrupt or a corresponding application has been provided or if (part of) the products owned by the customer have been seized.
10.2 In the event of the contract being terminated in accordance with Art. 11 Para. 1, daCarbo AG is entitled to demand compensation from the customer for the services rendered up to this point in time and for the fulfillment of the contract.
10.3 daCarbo AG can invoke the aforementioned dissolution with a written declaration to the customer.
10.4 The customer cannot invoke the termination of the contract retrospectively.
11. INTELLECTUAL PROPERTY
11.1 All intellectual property rights to the ordered and delivered products remain with daCarbo AG, even if a product was manufactured according to the buyer’s instructions or according to his specifications.
11.2 All images on the website www.dacarbo.ch are owned or licensed by daCarbo AG and may not be used or copied without the appropriate consent of daCarbo AG. The same applies to all texts on this website.
12. 2 YEAR WARRANTY
12.1 The goods to be delivered by daCarbo AG must meet the usual requirements and standards that can be imposed on them at the time of delivery.
12.2 daCarbo AG guarantees the reliability of the products it supplies and the quality of the materials used to manufacture them, insofar as these products have visible defects that the customer can prove have occurred within two (2) years of purchase.
12.3 daCarbo AG will remedy the defects covered by the guarantee in accordance with Article 12 Paragraph 2, either by repairing or replacing the defective component, whether or not this is done at daCarbo AG’s premises, or by sending a component to replace the defective component. daCarbo AG is free to decide on repair or replacement. All costs that go beyond the sole obligation of daCarbo AG according to this section shall be borne by the customer.
12.4 Excluded from the guarantee are in any case (defects that are wholly or partly the result of): normal wear and tear, assembly / installation or repair by third parties, adjustments made by the customer, improper use, exposure of the products to extreme temperatures or humidity levels, Willful damage or other damage as a result of (improper) use of accessories.
12.5 The customer must notify daCarbo AG in writing of any defects in the delivered products as soon as possible after they are discovered, but in any case within the warranty period. If the guarantee period is exceeded, the possibility of invoking the guarantee against daCarbo AG expires.
12.6 daCarbo AG does not assume any guarantee for the research, advice and similar activities carried out by daCarbo AG at the level of the provision of services.
12.7 Defects or other damage caused by negligent or improper handling of the goods, improper installation, use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by daCarbo AG are not covered by the daCarbo AG warranty. Signs of wear and tear that can be attributed to normal use are also excluded from the warranty.
13. DISPUTES AND JURISDICTION
13.1 Swiss law applies to all agreements to which the general terms and conditions apply in whole or in part.
13.2 All disputes (including those considered as such by only one of the parties) relating to or resulting from the agreement(s) concluded between daCarbo AG and the customer shall be settled by the court of the district in where daCarbo AG has its registered office, unless daCarbo AG decides on the jurisdiction of another court.
14. FINAL PROVISION
14.1 If and to the extent that a part and/or a provision of these general terms and conditions seems to conflict with mandatory provisions of national or international legislation, this part and/or this provision of these general terms and conditions is deemed not to have been agreed, and all other provisions of these general terms and conditions remain in force for both parties.
daCarbo AG, 10. Dezember 2019