Terms and Conditions
General Terms and Conditions of Warson Motors
1) Scope of General Terms and Conditions of Business
We render all services and carry out all deliveries on the basis of these General Terms and Conditions of Business as stated in the version that is valid at the time the order is placed. In other respects, the provisions of OR (Swiss Law of Obligations) on purchase contracts and other Swiss laws and regulations apply. In the event that a provision of the General Terms and Conditions of Business is invalid, or contains a loophole, this shall not affect the legal validity of the other provisions. In the place of the invalid provisions a valid provision shall apply, which is deemed agreed upon from the outset and which comes closest to the parties‘ intended economic purpose. The same applies in the event of a loophole.
2) Offer and conclusion of contract
As a general rule, our price lists, pamphlets and publications on the internet are non-binding. We shall charge for deliveries, products or services requested by our customers that are not included in the supplier‘s offer. An offer is valid until further notice insofar as nothing to the contrary has been agreed upon in writing. This contract shall be brought about by way of accepting the order. The order conditions are set out on our website. In the event of obvious typographical or calculation errors, we shall be entitled to withdraw from the contract.
Deliveries and charges in Swiss francs (CHF) are limited to Switzerland. Orders outside Switzerland are not processed. We charge shipping costs of at least CHF 10.00 for the delivery of goods. Otherwise the shipping costs shall be geared towards the current rates valid in Switzerland. Post or the ASTAG guideline tariff for transporting cargo plus packaging.
All price details are to be currently construed in CHF and include the statutory value added tax ( 8%). Our VAT no. is CHE-102.842.482 MWST. Errors and price changes reserved.
5) Honouring the contract
Our confirmation is authoritative for the scope of and for executing the contract. Insofar as no special place of performance is agreed upon, or does not arise due to the nature of the business transaction, delivery shall be deemed the hand-over of the products to the chosen carrier (Schweizerische Post or DPD). Unless expressly agreed upon to the contrary, use and risk shall pass to the buyer when the goods leave the sender‘s premises.
If the buyer furnishes proof that the delivered goods are faulty, we shall, within a reasonable period, either rectify the defect or provide a replacement delivery. If this is not successful, the buyer shall, at its discretion, be entitled to rescind the purchase or reduce the purchase price.
Defects and disruptions that are not our responsibility such as natural wear-and-tear, force majeure, improper handling, in- tervention by the customer or third-parties, excessive use or extreme environmental effects are excluded from the warranty.
If a customer resells the products, it shall be responsible for adhering to domestic and foreign export regulations. If the customer alters the resold products, it shall be liable to us, the buyer or third-parties for the damage caused as a result. The requirements of the Swiss Product Liability Act are reserved.
7) Duty to furnish information
The parties shall inform each other in good time of obstructions that call into question executing the contract as per agreement, or which may give rise to inexpedient solutions
8) Taking back products
8.1 General provisions on taking back products
Goods are to be returned within ten days following receipt in the original packaging to our address by way of stating the delivery note number and the reason why they are being returned. We reserve the right to refuse to take back goods if the returned goods are not perfect in terms of hygiene. If the buyer furnishes proof that the delivered goods are faulty, we shall, within a reasonable period, either rectify the defect or provide a replacement delivery. If this is not successful, the buyer shall, at its discretion, be entitled to rescind the purchase or reduce the purchase price. The buyer shall carry the cost of returning goods.
8.2 Taking back textiles
For hygienic reasons, clothing items may only be returned if they have not been worn.
9) Security, data security
The data required to process the business transactions shall be stored. All personal data shall be treated in con dence. The data transfer between the buyer and us shall be coded by way of SSL technology. We reserve the right to use the data to review the accuracy of the postal details or to carry out a credit assessment. The credit card data shall also be coded. In addition, each online transaction shall be authorised and checked by the pertinent credit card companies. Blocked or false cards may not be used.
10) Final provisions
Aigle/VD/Switzerland is deemed the place of jurisdiction. However, we may also bring an action at a court with jurisdiction for the custo- mer‘s registered of ce. Solely Swiss law applies. The parties shall endeavour to amicably settle disputes that may arise from executing this contract. By way of placing an order for goods, the buyer accepts these General Terms and Conditions of Business. Amendments to or supplementary information regarding these General Terms and Conditions of Business shall be made or provided solely by us.
Status of these General Terms and Conditions of Business: 01.01.2017