These General Terms and Conditions (hereinafter referred to as "GTC") of Renkei AG govern the conclusion, content and execution of all contracts with purchasers (customers, buyers, clients, etc.).
Deviating or additional terms and conditions of the customer, in particular different general terms and conditions of the customer, shall only apply if expressly acknowledged by Renkei AG in writing.
Should any provision be or become invalid or should the contract contain a loophole, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes closest in economic terms to the provision intended by the parties. The same shall apply in the event of a gap.
These General Terms and Conditions have been drawn up in German and English. In the event of discrepancies between the German and English versions, the German version shall prevail.
- Conclusion of contract
The products, their presentation and description by Renkei AG (in the online shop, in the catalogues, in individual offers, etc.) shall not be regarded as an offer but as an invitation to place an order. Orders placed with Renkei AG are binding and can no longer be changed by the customer.
A contract is only concluded when Renkei AG accepts an order by means of an order confirmation (in writing, by e-mail, by fax, by telephone or orally). The sending of the ordered goods and/or the invoice shall also be deemed an order confirmation. The customer remains bound to his order (application) for 14 days. If Renkei AG does not accept the order within this period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
Renkei AG shall be entitled to withdraw from the contract within 10 days after conclusion of the contract (order confirmation) with or without giving reasons. In the event of withdrawal, the customer will be informed immediately. Renkei AG shall reimburse any services already received as soon as possible.
Illustrations and information such as dimensions and weights as well as packaging units are for illustration purposes only and are not binding. Colour, model and technical changes are reserved in any case.
All prices quoted by Renkei AG are in Swiss francs (CHF), including value-added tax (VAT), but excluding shipping costs. These are to be assumed by the customer and are shown separately (see below point 5 "Shipment and shipping costs"). Unless otherwise agreed in writing, Renkei AG shall be entitled to add to the price any price increases arising between conclusion of the contract and delivery (e.g. currency fluctuations, material control, more expensive spare parts, new or higher taxes, necessary deployment of more qualified employees, etc.).
Discounts or discount vouchers (e.g. a voucher with discount code or a newsletter bonus) can only be redeemed according to the advertised campaign conditions. Several discounts and discount vouchers cannot be combined. Discounts cannot be charged retroactively after the order has been placed.
Unless otherwise agreed in writing, payment can only be made against advance payment and in Swiss francs. The customer has various payment options at his disposal, which are listed in the Renkei AG online shop (www.sekken.ch).
- Shipping and handling costs
The delivery of goods takes place by dispatch to the delivery address indicated by the customer. The complete and correct indication of the delivery address is the responsibility of the customer. If the customer provides incorrect delivery addresses and delivery is not possible under certain circumstances, Renkei AG may refrain from delivering the product altogether, without any claims for compensation or damages being possible. If the transport company returns the shipped goods to Renkei AG because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment.
Shipment shall be at the expense and risk of the customer. Benefit and risk shall pass to the customer at the time the goods are made available for transport, even if the transport is organised or managed by Renkei AG. Partial deliveries are permissible. The costs for packaging shall be borne by the customer. The customer shall be obliged to report any losses or damage of any kind, including packaging, in connection with dispatch or transport to the transport company (post office, courier, camionneur, etc.) immediately upon receipt of the goods for the purpose of taking minutes. In the event of failure to do so, the customer shall be liable for the damage incurred. Insurance against damages of any kind is the responsibility of the customer.
The costs for the dispatch are indicated with the order procedure and added to the commodity value. Orders with a value of CHF 100.00 or more will be shipped free of charge if the delivery address is within Switzerland.
For export shipments, delivery will be EXW (Incoterms 2010) from Solothurn. All customs duties, customs handling costs and other costs, fees, taxes and levies incurred as a result of the export shall be borne by the customer.
- Delivery times
Renkei AG shall endeavour to deliver the ordered goods within 2-4 working days (from order confirmation). However, delays in delivery may occur, for example due to production or delivery bottlenecks. All information regarding availability and delivery time is therefore subject to change without notice. In any case, the prerequisite for adherence to delivery dates is that the customer, for his part, complies with his obligations (preparatory actions, payment obligations, advance performance obligations, etc.). The customer has no claim to damages or withdrawal from the contract due to non-compliance with delivery times. Any liability due to delayed delivery is excluded.
- Right of revocation
The customer is entitled to a right of revocation for unused and originally packed goods. All goods that have been opened or used by the customer are excluded from the right of revocation.
The customer has the right to revoke the contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer has taken possession of the goods. In order to exercise the right of cancellation, the customer must inform Renkei AG (Niklaus-Konrad-Strasse 44, 4500 Solothurn, e-mail: [email protected]) by means of a clear declaration (e.g. a letter sent by post, by e-mail or return of the goods) of the decision to cancel the contract. In order to comply with the revocation period, it is sufficient for the customer to send the notification of exercising the right of revocation before the expiry of the revocation period.
If the customer has revoked the contract, he must return the goods received to Renkei AG (at his own expense) immediately, but within 14 days at the latest. Renkei AG shall reimburse the performance received from the customer (excluding shipping costs) within 14 days of receipt of the goods at the latest. The goods must be returned including the original packaging and all accessories. Renkei AG may refuse repayment until the goods have been received.
The statutory warranty and liability regulations are expressly excluded. Instead of the statutory provisions, the following conditions shall apply exclusively.
Renkei AG guarantees that its goods have the characteristics contained in the order confirmation. There is no further guarantee.
The customer must inspect the items delivered by Renkei AG within 7 days and immediately notify Renkei AG in writing of any defects. If the customer fails to inspect and/or notify Renkei AG within this period, the delivery shall be deemed free of defects and approved.
The warranty period is one year, unless expressly agreed otherwise in writing. It begins with the transfer of benefit and risk.
In the event of a warranty claim, Renkei AG may provide the warranty either by repair, partial or complete replacement by an equivalent used/repaired product, partial or complete replacement by a new product, credit at the current price (maximum at the selling price) or reduction. In the event of repair or replacement, the warranty shall not commence anew but shall run until the end of the original warranty period.
If Renkei AG opts for a replacement, the customer shall grant Renkei AG a reasonable period of time to do so. For this purpose, Renkei AG shall be sent the goods complained of by registered mail carriage paid. The shipping costs for returning the replaced goods shall be borne by the customer. All replaced goods shall become the property of Renkei AG.
Any liability on the part of Renkei AG or its vicarious agents for damages arising in connection with the provision of services under the contract as well as in the use of the delivered products or services shall be excluded to the extent permitted by law. In particular, liability for indirect or consequential damages is excluded.
The liability of Renkei AG shall in any case be limited to the amount of the invoice.
10 Liability for Online Connections
Renkei AG endeavors to ensure security in systems, programs, etc., which it owns and over which it has influence in accordance with the latest technical standards and to comply with data protection regulations.
The customer shall ensure the security of the systems, programs and data which are within its sphere of influence. In their own interest, the customer should keep passwords and user names secret from third parties.
Renkei AG shall not be liable for defects and malfunctions for which it is not responsible, in particular not for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.
Furthermore, Renkei AG shall not be liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive strain, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
The Internet pages www.sekken.ch may contain links to the websites of third parties. Renkei AG assumes no responsibility for such websites and their contents, for the products, services or other offers they offer or for compliance with data protection regulations. The activation of a link is at the user's own risk.
- Intellectual property and know-how
The conclusion and performance of the contract have no influence whatsoever on Renkei AG's intellectual property (patents, copyright, trademarks, etc.) or know-how in connection with the delivered items and the associated documentation. This also applies in particular to photographs, drawings, project drafts, plans, samples, etc. The customer undertakes neither to copy nor otherwise reproduce any documents received from Renkei AG, nor to misuse them or pass them on to third parties. In particular, any use of illustrations or texts from catalogues, brochures, the Internet, etc. without the written permission of Renkei AG is prohibited. At the request of Renkei AG, the customer shall return all documents if an offer does not lead to the conclusion of a contract.
All rights (in particular copyright, trademark, company and domain name rights) to the website www.sekken.ch and to the entire contents thereof, in particular to the graphic and text elements and logos as well as to the design and concept of the website, are the exclusive property of Renkei AG.
Any duplication, copying and/or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the Renkei AG's agreement.
- Application of law and place of jurisdiction
The legal relationship between Renkei AG and the customer shall be governed by Swiss law to the exclusion of conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The same shall also apply to these General Terms and Conditions. The place of performance and exclusive place of jurisdiction for all disputes between Renkei AG and the customer shall be CH-4500 Solothurn. Renkei AG shall also be entitled to sue the customer at his place of residence or place of business.