General Terms and Conditions
1. General
(1) The following General Terms and Conditions of Sale and Delivery (hereinafter: “GTC”) apply to the use of the website [wiegand.ch] and to the business relations between Wiegand AG, Schlosserstrasse 5, 8180 Bülach, Switzerland (hereinafter: we/us, Seller and or Wiegand) and its customers. Customer is defined as any natural or legal person that maintains business relations with us. The GTC as well as the data privacy policy ([wiegand.ch/datenschutz]) may be amended from time to time. We therefore recommend that the relevant provisions are read through carefully upon every visit to the website and every order.
(2) These GTC, in the respectively current version, apply exclusively to all of our deliveries and services. Deviating terms and conditions of the Customer are binding for us only if and to the extent that we have agreed to these in writing, waiving our own terms and conditions. Our silence concerning such deviating provisions shall expressly not constitute recognition or agreement. We hereby expressly object to deviating counter-confirmations by the Customer.
2. Offer and conclusion of contract
(1) Offers are effected without any obligation. Our offers constitute a non-binding invitation to the Customer to order products from us. By placing an order, including the acceptance of these GTC, the Customer submits a legally binding offer to conclude a contract. We may send the Customer thereupon an automatically generated confirmation of order, which confirms that we have received the Customer’s offer but does not in itself constitute an acceptance of this offer. Confirmed orders are binding for the Customer. The contract comes into effect as soon as we send confirmation of acceptance of order. If, following conclusion of the contract, it emerges that the ordered goods cannot be delivered or cannot be delivered in full, we are entitled to withdraw from the entire contract or part thereof. Subsidiary agreements and amendments shall require our additional written confirmation.
(2) The documents appended to the offer, including illustrations, drawings and specifications of weight and dimensions, are deemed authoritative only if they are explicitly marked as binding. We reserve the property rights and copyrights to cost estimates, drawings and other documents. They may not be made accessible to third parties. The exploitation of such documents constitutes a violation of the Swiss Federal Law on Unfair Competition (UWG) and may entail civil claims and/or criminal prosecution.
3. Scope of delivery
The scope of delivery is based on our confirmation of acceptance of order.
4. Prices
(1) Unless otherwise indicated, the prices given do not include VAT.
(2) The following terms of delivery apply for Customers in Switzerland and the Principality of Liechtenstein: free delivery to the purchaser’s premises, insured, invoicing in CHF with the addition of Swiss VAT in accordance with INCOTERMS 2020 “DDP”. Minimum order value is CHF 500.00. For orders of a lower value, an additional flat-rate postage and packing fee will be charged.
(3) For orders of less than CHF 50.00 including VAT (not including transport and P&P), a minimum-quantity surcharge of CHF 15.00 will be charged.
(4) Unless otherwise agreed, our prices in EUR, ex works, CH-8180 Bülach, standard packaging, non-insured, duty unpaid, non-taxed in accordance with INCOTERMS 2020 “FCA” shall apply to all other Customers.
(5) The following terms of delivery can be agreed for Customers in the EU: free delivery to the purchaser’s premises, insured, duty paid, invoicing in EUR with the addition of the statutory VAT of the Customer’s country in accordance with INCOTERMS 2020 “DDP”. In this case, the minimum order value is EUR 350.00. For orders of a lower value, an additional flat-rate postage and packing fee will be charged. These special conditions must, however, be agreed in advance and confirmed by us in writing.
5. Delivery times
(1) We shall comply with scheduled delivery dates and deadlines to the best of our ability. Delivery dates and deadlines shall only be binding if confirmed as binding if confirmed by us in writing.
(2) Where we are in default of delivery, the Customer may set a reasonable grace period and, after its fruitless expiry, fully or partially withdraw from the contract. Claims for damages due to delayed delivery or non-fulfilment are excluded, unless these were caused by gross negligence or with intent.
(3) We shall not be in default for as long as the Customer is in default with the performance of obligations towards us, including such as are due under other contracts.
(4) In the case of larger orders, we are entitled to perform partial deliveries. Each partial delivery shall count as the fulfilment of a particular order within the meaning of these Terms and Conditions of Sale and Delivery.
6. Reservation of self-delivery, force majeure and other hindrances
(1) If we fail to receive deliveries or services from our (upstream) suppliers, or do not receive them correctly or on time – without our being responsible for this – or if events of force majeure occur, we are entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract with regard to the part that has not yet been fulfilled. Force majeure is equivalent to epidemics, pandemics, war, strikes, lockouts and non-culpable obstruction of operations, e.g. due to fire, water or machine damage.
(2) Where a binding agreement has been reached on a delivery date or a delivery period and it is exceeded due to the aforementioned events, the Customer shall be entitled, after expiry of a reasonable period, to withdraw from the contract in regard to the part that has not been fulfilled. Claims for damages due to delayed delivery or non-fulfilment are excluded.
7. Transfer of risk
(1) The ordered goods must be accepted without due delay. Where we undertake delivery, the selection of the means and route of transport is at our discretion.
(2) Risk shall be transferred to Customer upon handover of the products for delivery to the Customer or to the carrier entrusted with performance of delivery.
8. Notices of defects, warranty, limitation of liability
(1) The purchaser is obliged to inspect the delivery without due delay. In the case of recognisable defects, notices of defects can only be asserted in writing without due delay, but no later than within 10 days; in the case of defects that are not immediately recognisable, only without due delay after they become apparent. All warranty claims expire within six months of delivery, unless a longer warranty period has been explicitly agreed in writing in the contract. Defects caused by improper use or by manipulations by the Customer or third parties shall be excluded from the warranty.
(2) We shall deliver a replacement free of charge in the event of a timely and justified notice of defects or the absence of an assured characteristic. Where a replacement delivery is not possible, we may, at our discretion, reduce the purchase price or withdraw from the contract. A characteristic shall only be deemed to have been assured if it is explicitly noted as such on the written confirmation of acceptance of order.
(3) Further claims, regardless of the legal grounds, in particular claims for damages, are excluded, unless they are based on intent or gross negligence on our part. This applies in particular to consequential damages and costs.
9. Returns
Returns will not be accepted without prior agreement. For returns that meet the individually agreed criteria, a fee of 10% of the value of the article invoice position (incl. VAT) or at least CHF 10.00 will be charged. Custom builds and unsaleable (in particular used items or those that have been unpacked) or damaged goods may not be returned, unless a claim arising from Section 8 exists.
10.Ownership
In the case of deliveries to Switzerland, we are entitled to reservation of title to all delivered goods entered in the register of retention of title until all obligations of the Customer have been satisfied in full. In the case of deliveries to other countries, we have a retention of title to all delivered goods in accordance with the law of the country of destination until all obligations of the Customer have been satisfied in full.
11. Payment and processing of personal data
(1) Our invoices are payable within 30 days of the invoice date.
(2) The deadlines are met only if the money has been received by us within the specified period or credited to us without reservation.
(3) In the event of default of payment, we are entitled to charge default interest in the amount of 8% p.a.
(4) In the event of default of payment, all our receivables from the business relationship shall become due immediately. If the default of payment is not remedied even within a reasonable grace period, we are entitled to withdraw from the contract and assert damages for non-fulfilment. This applies in particular also to follow-up transactions that have been agreed but not yet performed. Where there are doubts as to the ability of the Customer to make payment, we shall be entitled, even contrary to prior agreements, to demand full payment in advance and to declare all of our receivables due and payable immediately.
(5) The purchaser shall not be entitled to offset its counterclaims. The purchaser shall not be entitled to suspend payments, even in the event of a dispute between the parties.
(6) For purchases made through the online shops operated by Wiegand, we cooperate with Wallee AG. Wallee AG is a full payment service provider which, among other things, handles processing of payments. By selecting a payment option the buyer agrees to the related transmission of personal data for the processing of the payment.
The processing of personal data is based [in all other respects] on Wiegand’s data privacy policy ([wiegand.ch/datenschutz]).
12. Place of performance, place of jurisdiction, applicable law
(1) The place of performance for all contractual obligations shall be the registered office of our company. Place of jurisdiction is CH-8180 Bülach, Switzerland. However, we shall be entitled to take action against the purchaser before any other competent court.
(2) Substantive Swiss law shall apply exclusively. Application of the “Vienna Convention on Contracts for the International Sale of Goods”, the United Nations Convention on Contracts for the International Sale of Goods, is excluded.
(3) The invalidity of any provision of these Terms and Conditions of Sale and Delivery, now or in the future, shall not affect the legal validity of the remaining provisions. In this case, a provision should apply that comes closest to the objective pursued by the invalid provision. The same applies in the event of gaps in the contract.
Wiegand AG, Version January 2024