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General Business Conditions
Terms of ProSale Trade GmbH
1st The General Terms and Conditions
These terms and conditions of ProSales Trade GmbH (supplier) shall apply to all deliveries of goods and services suppliers. They form an integral part of any contract entered into with the customer. Any conditions of purchase of the customer which are in contradiction with the present conditions are, for the supplier not be binding, unless it has expressly contradicted. Agreements or changes of conditions, including requiring the elimination of this reservation in writing.
2nd Contract
2.1 All quotations and cost estimates of the suppliers are non-binding.
2.2 The contract is concluded with the receipt of the confirmation of the supplier to the customer.
2.3 You can return the received goods within 2 days in perfect condition and in original packaging. The cost of the return, the buyer.
2.4 If at 24 hours after ordering and receiving the AB and accounting, the order will be canceled again covered by the customer in every case cancellation in the amount of CHF 250 - on up to an order of CHF 3'000 .-- by to pay the purchaser or the Annulator are. If the orders higher than CHF 3'000 .-- Sun Cancellation fees fall in the amount of CHF 350 - in each case to be borne by the Annulators.
2.5 After the customer has done the pre Payment of 30% of the total buying amount he will lose the totally amount of the payment as penalty and compensation for inconvenience and damage caused when he will brake the contract.
3rd Scope
3.1 The products are in the order confirmation, including any supplements given to exhaustive.
03.02 brochures, catalogs, and other similar documents are not authentic. Information in technical documents are only binding if they are explicitly assured.
4th Terms of delivery / place of performance
4.1 The supplier has the choice of the means and path-free.
4.2 Partial deliveries are permitted
4.3 If it is clear from the contract otherwise, the goods shall be delivered, if it was the post office or transferred to another carrier of goods.
4.4 The shipping information for delivery in Switzerland are binding. The stated shipping costs for deliveries outside Switzerland are approximate. This must be requested by the customer. The prices vary depending on zip code.
4.5. The assembly of all furniture costs, depending on cost CHF 50 - up to CHF 100 - for normal furniture (tables, chairs etc.) unless otherwise agreed in writing. Install wall units and greater efforts need to be discussed in advance with the supplier. These costs are specifically mentioned in the bill.
5th Delivery times / time of meeting
is 5.1 The agreed delivery dates are approximate times. The delivery period begins with the contract, whichever is the later of receipt of all information and documents needed by the customer. She is met if the goods were shipped on delivery.
5.2 The delivery period is extended appropriately,
a. if the supplier of the information he needed for the execution of the order, not received in time or if the customer subsequently modified and therefore causes a delay of delivery.
b. If obstacles arise, the supplier is not responsible for them or turn away despite due diligence can not, regardless of whether they originate with him, at the customer or a third party.
c. if the customer or third parties with the work performed by them in arrears or with the performance of its contractual obligation in default, especially if the customer fails to comply with the payment terms.
5.3 If a fixed or an approx delivery date agreed on a binding, it is the supplier for late delivery a reasonable period, but at least recognize a period of six weeks. If the supplier is not for the customer and within the scheduled period of his delivery, the customer may cancel the contract.
5.4 Services are provided by the supplier to the supplier's normal working hours, Monday - Friday (except public holidays) from 07:30 am - 18:00 clock.
5.5 After the contract, the supplier the opportunity to cancel 14 days of the written or oral order of the customer within the customer if the goods ordered are sold out or defective goods in stock. The supplier assumes no costs for the cancellation.
6th Passing of benefit and risk
Benefit and risk are transferred with the completion of the contract to the customer. This also applies in case of dispatch of goods from the supplier.
7th Prices
The prices are in Swiss Francs (CHF) gross (inclusive of VAT. VAT and any travel charged to the customer. Admonitions are charged with collection expenses of CHF 5.00.
8th Terms of payment
8.1 The payments are in any case to make in advance.
8.2 The payment deadlines are met even if delayed transport or delivery, for reasons which was not responsible for the supplier, or impossible. Likewise, customers may reduce or withhold payments when he makes complaints, claims or counterclaims that, which are not recognized by the supplier.
3.8 If the customer is in default, he has the legal interest of 5% pa to pay. The agreement of a higher interest rate is reserved.
08.04 late payment as well as significant changes in the situation of the customer, which endanger the payment of the goods, authorizing the vendor, at any time cancel the contract and retain them or recover the goods already delivered on. The claim further damages is reserved.
9th Retention of title
The delivered goods until full payment of the purchase price exclusive property of the supplier. The customer authorizes the supplier to make the registration in the official register at the expense of the customer to leave.
10th Audit requirement and defect
Unless specific acceptance procedures have been agreed upon to consider the customer the delivered goods immediately upon receipt and add to the supplier any complaints immediately and at the latest within 3 days from receipt of the goods in writing and known. Failing this, the supply is subject to hidden defects as approved. It is important to hold each piece of furniture photo documentary by description and photo with this send to our email address info@mutoni.ch or by registered letter.
Should a defect occur during the warranty period the customer is the deficiency in writing and undertakes to judge enrolled at the ProSales Trade GmbH, Looser Strasse 20, 3084 Wabern. The customer has to start mutoni furniture, a reasonable period. expect the case of goods from the Far East, the customer with waiting periods to four months. He may at this time no price reduction request to make a withdrawal from the Treaty. The replacement product may be identical or similar form. At least not inferior.
1.10 Exchange of furniture and warranty services are becoming more and ausschliessich made in our commodity output in 3422 Kirchberg. Should customers wish to exchange goods and warranty shall have delivered to the delivery price of our normal delivery costs. Otherwise, the customer is required to deliver the defective product properly packed at his expense in 3422 Kirchberg and the exchange of goods and to receive there.
11th Warranty
11.1 In the delivery of software products, the warranty shall be in accordance with the license terms of the software suppliers contained warranty. applies in the other cases:
11.2 The warranty period is six months from receipt of goods or provision of services.
11.3 Supplier is no warranty for defects caused by the supplier not approved by the customer or third parties.
11.4 In the case of a defect during the warranty period, the customer only for the time being entitled to free choice of supplier for repair or replacement,. It is the suppliers of the gravity of the defect be recognized appropriate rectification or replacement delivery date. A possible repair or replacement does not extend the warranty period.
11.5 If you fail the repair or replacement within above mentioned period, the customer in case of defects, which greatly affected the scope of services is, is only entitled to withdraw from the contract. For minor defects, the customer can make only depreciation.
11.6 If the customer by a software defect has been criticized for the customer to the supplier at his request for the purpose of troubleshooting a suitable medium with the corresponding lack of appropriate software and provide sufficient testing time to a suitable hardware environment. For problems that occur only on a specific hardware environment used by the customer and are not generally understand the customer to the supplier sufficient time to test this hardware environment has to provide.
11.7 The Supplier warrants that it is entitled to distribution of the contractual points. If a third party submits to the customer the infringement of a copyright or other intellectual property right makes the customer has to inform the supplier thereof within 14 days and no later than him on the process control over any and all negotiations relating to the judicial or extrajudicial execution of the dispute, which cost offer. Under these conditions, the supplier assumes any damages awarded to the third party claims, as a result of any litigation by the supplier or extra-judicial compensation awarded are at the supplier. If the customer does not cover its obligations pursuant to this paragraph meets, his claim to compensation is forfeited.
12th Limitation of Liability
Any liability of the supplier is for himself and his assistants for late or improper performance, including for consequential or other damage, as well as product liability, to the extent legally permissible.
13th Applicable Law
It is the substantive law applicable, in particular Article 184 et seq. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is expressly excluded.
14th Jurisdiction
Jurisdiction is Berne. The supplier is entitled to sue the customers before any other court of competent jurisdiction in the country or abroad.
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