General terms and conditions of business
§1 Scope of the terms and conditions
Deliveries, services and offers from the online shop of BRACK.CH AG (VAT number: CHE-191.398.369 MWST), Hintermättlistrasse 3, 5506 Mägenwil, Switzerland, are based exclusively on these general terms and conditions of business, even if they are not explicitly agreed to again. These terms and conditions are considered to have been accepted when an order for goods or services is placed. The customer’s general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions of business are only effective if they are confirmed by BRACK.CH AG in writing.
§2 Offer and contract formation
Offers made by BRACK.CH AG in price lists and advertisements do not constitute a legally binding offer; rather, they are an invitation to the customer to place a binding order. Offers on products such as tested returns and clearance items are excluded from the availability obligation.
By clicking the Order button in the online shop, the customer places a binding order for the products listed on the order page. BRACK.CH AG will confirm receipt of the order as soon as it receives it. Orders are only binding for BRACK.CH AG once a written order confirmation has been issued. If it is established after the order confirmation has been issued that it is not possible to deliver the goods or that an incorrect price was indicated, the order will be cancelled or – if an incorrect price was indicated and the goods have already been shipped – the customer will be additionally charged for the difference in price. In the case of a pricing error, the customer is entitled to return the goods to BRACK.CH AG if the customer does not agree to the retroactive price adjustment. In all cases, the customer is not entitled to assert further claims against BRACK.CH AG or a supplier.
The specifications in the sales documents (drawings, illustrations, dimensions, weights and other aspects of performance) are only indicative and do not represent a guarantee of specific properties, unless they are explicitly declared binding in writing.
If a customer exceeds their credit limit when placing an order, BRACK.CH AG is released from its obligation to supply.
BRACK.CH AG does not sell any alcoholic beverages to minors under the age of 16 and does not sell spirits to minors under the age of 18. BRACK.CH AG reserves the right to verify the customer’s age before handing over or delivering the goods.
§3 Prices
The prices indicated in the order confirmation are decisive. In the case of goods held in stock, the prices are fixed at the time the order is placed. In the event of supply bottlenecks and specially procured items, the current price on the date of the order shall apply. The prices are quoted in Swiss francs including statutory value added tax plus transport costs, unless agreed otherwise. The current prices are published in the online shop, subject to price changes and errors excepted.
§4 Terms of delivery
Delivery shall be made to delivery addresses within Switzerland and the Principality of Liechtenstein only.
Dates and delivery periods are not binding, unless otherwise explicitly agreed in writing. Specific delivery periods and delivery dates are indicated by BRACK.CH AG subject to BRACK.CH AG receiving proper and timely deliveries from subcontractors and manufacturers.
The customer is responsible for ensuring that access for the delivery and assembly of the goods is possible.
Quantity discrepancies must be reported in writing to BRACK.CH AG and the carrier immediately upon receipt of the goods in the case of visible discrepancies and within 4 days of receiving the goods in the case of concealed discrepancies. Complaints relating to damage, delay, loss or faulty packaging are to be reported immediately after receipt of the consignment.
§5 Default in acceptance
If, following the expiry of an imposed grace period, the customer refuses to accept the delivered items or declares that it does not intend to accept the goods, BRACK.CH AG may refuse to fulfil the contract and demand compensation for non-fulfilment. BRACK.CH AG is entitled to demand from the customer either a flat rate of 25% of the agreed purchase price or compensation amounting to the loss actually incurred.
§6 Transfer of risk
The risk passes to the customer as soon as the consignment has been handed over to the company undertaking the transport. If the consignment is delayed or becomes impossible through no fault of BRACK.CH AG, the risk passes to the customer at the point that the consignment is declared ready for shipment. If, in an isolated case, BRACK.CH AG has agreed to assume the transport costs, this has no influence on the transfer of risk.
§7 Guarantee/warranty
BRACK.CH AG or the supplier/manufacturer undertakes to guarantee the absence of defects and the functionality of the ordered product for a period of 2 years after delivery or collection from a collection point operated by BRACK.CH AG, unless explicitly otherwise agreed in writing.
If operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables that do not meet the original specifications are used, any guarantee/warranty shall become null and void if the defect is caused by such circumstances. This also applies if the defect is caused by improper use, storage and handling of equipment, actions by third parties or equipment being opened.
Immaterial deviations from assured properties of the goods do not give rise to guarantee/warranty rights. Liability for normal wear and tear as well as consumables/accessories/supplied disposable batteries/supplied or installed rechargeable batteries is excluded.
If a guarantee/warranty case arises, an entitlement to rectification, replacement or rescission exists. BRACK.CH AG is at liberty to choose the method for remedying defects. If BRACK.CH AG opts to rescind the contract, a credit note at the current price shall be issued (amounting to no more than the retail price at the point when the order was placed).
The duration of the warranty is not interrupted by any guarantee/warranty case and continues to run.
No new warranty periods come into force if parts, assemblies or entire pieces of equipment are replaced.
Only the direct customer is entitled to make claims against BRACK.CH AG under the guarantee or warranty and such claims are not transferable.
The legal guarantee is excluded in its entirety.
§8 Returns
Customers have the right to return goods within 30 days of their delivery. The right of return is exercised by sending the goods back; the goods must be unopened and unused. The return order must be registered via the customer account in the online shop; a return label is then provided by BRACK.CH AG via e-mail.
Products that BRACK.CH AG has procured at the customer’s request, any software and hygiene products, food and open consumables are excluded from return in all cases.
Exercising the right of return results in the purchase contract being converted into a rescission relationship in accordance with which the aspects of performance received as part of the purchase contract must be reimbursed.
Once the goods have been received, the purchase price that has already been paid is credited to the customer in their customer account. However, the right to make a deduction from the purchase price to be reimbursed or to issue an invoice for possible damage, excessive wear and tear to the goods or, to the extent agreed, shipping costs for the goods remains reserved. BRACK.CH AG may refuse the credit note until the goods have been received or until the customer has provided evidence that they have sent the goods back, whichever occurs at the earlier point in time.
In the case of returns of faulty goods, BRACK.CH AG demands that the defective part or piece of equipment, along with a completed repair form and a copy of the invoice delivered with the equipment, is sent or delivered to BRACK.CH AG for repair.
In all cases, the customer is responsible for packaging the goods to be returned so that they are suitable for transport. Damage/loss of the goods due to improper packaging shall be charged to the customer. If the customer hands the goods over to a transport company, the customer bears the risk for the safe transport of the goods. The risk only passes to BRACK.CH AG when the goods arrive at BRACK.CH AG.
When sending the piece of equipment to be repaired or returned, the customer is responsible for ensuring that data on the equipment has been deleted and backed up, as data may be lost during repair activities. BRACK.CH AG is not liable for loss of data, access by third parties or similar.
§9 Payment
Depending on the agreement, invoices are payable in cash or within 10 days net without deductions. The available payment methods are published in the online shop. BRACK.CH AG reserves the right to perform a credit check as necessary in accordance with the privacy policy of BRACK.CH AG.
Payment is only deemed to have been made when BRACK.CH AG is able to access the amount.
If payment is not made within the period specified above, the customer is in default of payment, meaning that BRACK.CH AG is entitled – from the respective point in time – to charge interest amounting to 5%. During the period of default, BRACK.CH AG is also entitled at any time to withdraw from the contract, to demand that the delivered goods are returned and to demand compensation for the loss of the contract. All claims shall become due immediately if the customer is in default of payment, if they culpably do not meet other material contractual obligations or if BRACK.CH AG becomes aware of circumstances that are likely to diminish the customer’s creditworthiness, particularly suspension of payments or pending composition or bankruptcy proceedings. In these cases, BRACK.CH AG is entitled to withhold outstanding deliveries or to only make them against advance payment or securities.
§10 Default and collection charges
If the customer is in default of payment, BRACK.CH AG will issue the customer with reminders via e-mail, in writing or by telephone. BRACK.CH AG reserves the right to charge default charges for the reminders issued. If the reminders have no effect, BRACK.CH AG may assign the claim to a third-party company engaged with its collection. The company engaged with collection claims the outstanding amounts in its own name and on its own account and may charge additional handling fees.
§11 Small-quantity surcharge
Up to an order amount of CHF 50, BRACK.CH AG shall charge a small-quantity surcharge of CHF 9. This surcharge shall not apply if the customer collects the goods from a collection point operated by BRACK.CH AG.
§12 Insurance/additional services of third parties
BRACK.CH AG may, within the meaning of a tied agent pursuant to Article 43 (2) of the Swiss Insurance Supervision Act (VAG) in conjunction with Article 183 (1) (a) of the Swiss Insurance Supervision Ordinance (AVO), arrange insurance for customers for goods offered in the online shop of BRACK.CH AG (“Insurance”). If an insurance policy is concluded, the agreements of the policy provided and the general insurance conditions of Helvetic Warranty GmbH shall apply.
If a service carried out by a third-party provider is booked via the online shop of BRACK.CH AG (assembly, upstairs delivery, etc.), the service contract is established between the customer and the third-party provider. BRACK.CH AG does not accept any liability.
§13 Limitation of liability
Compensation claims arising from impossibility of performance, breach of contract, fault in conclusion of a contract and tort against BRACK.CH AG, auxiliaries and substitutes are excluded, except in the case of wilful or gross negligence. No liability is accepted for consequential damage arising from the use of the products.
§14 Copyright/software warranty
If software is part of the scope of delivery, this is provided to the customer solely for the purposes of one-time resale or their own use, i.e. the customer must not copy the software or pass it on for others to use. Software is excluded from all warranty provisions indicated on forms. The provisions in the licensing agreement of the manufacturer apply exclusively. Companies, brands, brand marks, trademarks, images and logos used in the online shop of BRACK.CH AG are the property of the respective owner.
§15 Data protection
BRACK.CH AG undertakes to comply with the requirements under data protection law when processing customer data. Further information on handling customer data can be found in the separate privacy policy. The privacy policy is an integral part of these general terms and conditions of business. By accepting the general terms and conditions of business, the customer also agrees to the privacy policy.
§16 Place of jurisdiction
Mägenwil is the sole place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
§17 Final provisions
BRACK.CH AG reserves the right to amend the general terms and conditions of business at any time.
If a provision in these general terms and conditions of business is ineffective, this shall have no influence on the effectiveness of the other provisions and the general terms and conditions of business as a whole. The relevant legal provisions shall apply in place of the ineffective provision.