General Terms and Conditions of Trade

Transcription

1 General Terms and Conditions of Trade 1 Scope and Contracting Parties 1.1 Die General Terms and Conditions of Trade (hereinafter referred to as "GTCT") apply to all legal transactions concluded through the Onlineshop (hereinafter referred to as the "Onlineshop"). 1.2 The Onlineshop is being operated by the company Geiger Edelmetalle AG, Grenzstrasse 14, 9430 St. Margrethen, registered in the Company Registry of the Canton of St. Gallen under the company number CHE (hereinafter referred to as "Geiger Edelmetelle"). MwSt. No.: CHE MWST info@geiger-edelmetalle.ch Phone: +41 (0) Fax: +41 (0) The General Terms and Conditions of Trade also apply to all legal transactions concluded in a branch store of Geiger Edelmetalle. 1.4 Geiger Edelmetalle reserves the right to change this GTCT at any time. Decisive hereby is the version of this GTCT that applied at the respective point in time of the order and which cannot be altered unilaterally for this order. Opposing conditions to this GTCT or deviating terms of the customers will not be recognised. 2 Information 2.1 Images of products in advertising, brochures, the Onlineshop, etc. serve illustration purposes and are non-committal. 2.2 Final prices quoted in the Onlineshop include all applicable fees and other price elements. They are understood to be in CHF plus the additional charges mentioned below. 2.3 Additional charges (e.g. forwarding and packing, cash on delivery) will be shown and charged separately in the order process. 2.4 Delivery will be made at the terms and costs listed in the Online-Shop under the column Ordering Process (Versand). Presently customers can have the goods either delivered by value couriers at an address indicated by the customer or collected by the customer free-of-charge in our branch stores in St. Margrethen or in Niederglatt. The dispatch costs equal CHF up to a merchandise value of CHF 20, (dispatch by mail), or for higher values CHF (dispatch through a value courier). 1

2 2.5 The price is determined by the time when Geiger Edelmetalle confirmed the order. 3 Order Process and Contract Formation 3.1 Offers in the Onlineshop are subject to confirmation and should therefore not be considered to be binding offers. After having completely filled in the order form, the customer will accept the offer forming an agreement on the purchase of the merchandise in the shopping cart by clicking the "Order Now" (Zahlungspflichtig bestellen) button. 3.2 Geiger Edelmetalle will confirm the receipt of an Online order by sending an automatically generated order confirmation to the address indicated by the customer. The receipt of an automatically generated order confirmation is neither an acceptance of the customer s purchase offer nor a promise that the product can actually be delivered. It is only meant to show the customer that his order has been received by the Onlineshop. 3.3 Orders made outside of the business hours (Monday to Friday from 9 a.m. to 5 p.m.) may require a price adjustment on the next morning that is open to business. Your order will then be processed by us at the price valid on that morning (9.00 to 9.30 a.m.). 3.4 After the customer has received an order confirmation by , Geiger Edelmetalle will check the order. The customer will then receive a separate order confirmation with the bank details by . An agreement will be formed only after the order has been confirmed by . The order will only be subject to the availability of the products through the supplier or manufacturer. 3.5 The merchandise presented in the Online-Shop only contains goods whose price is subject to fluctuations on the financial markets which Geiger Edelmetalle is unable to influence and which can occur at short notice. This is why the customer may not cancel the order, whereby this right also does not exist according to Swiss law. 3.6 After the customer s payment has been received, this will be confirmed to the customer. When the products are in stock and the money laundering documents required for transactions from CHF 25, onwards (form A and a copy of a passport or an ID) have been received by Geiger Edelmetalle, the products will be dispatched or made available at a branch store for the customer to collect, whereby the customer will be notified by (confirmation of dispatch or ready for collection). If the product is being picked up in the branch store in St. Margrethen or in Niederglatt, the passport copy does not have to be certified here the passport must only be presented.

3 4 Payment 4.1 Payment procedures At present the purchase price is being paid by advance payment (transfer in advance) or by cash payment in the branch store With advance payments Geiger Edelmetelle will provide information on the invoice amount and the bank connection in the order confirmation. The invoice amount is due for immediate payment. 4.2 Default of Payment Geiger Edelmetalle will charge a handling fee of CHF 5.00 for a second reminder and a handling fee of CHF for a third reminder. 4.1 If a customer fails to pay the cash-on-delivery fee, Geiger Edelmetalle will charge a handling fee of CHF Retention of Title 5.1 Products that have been ordered will remain the property of Geiger Edelmetalle until they have been completely paid. Geiger Edelmetalle may make a corresponding entry in the retention of title register. Before the title to a product has passed, the product may not be pledged, assigned as security, processed or changed without the explicit consent of Geiger Edelmetalle. 6 Changes to the Order or Cancellations 6.1 The merchandise presented in the Online-Shop exclusively affects products whose prices are subject to fluctuations on the financial markets which Geiger Edelmetalle is unable to influence and which can occur at short notice. This is why customers are not being granted a right to cancel their order, whereby this right does not exist according to Swiss law. 6.2 An order commits a customer to accepting delivery of the product. Geiger Edelmetalle is however free to accept subsequent changes to orders or cancellations of orders by customers at its discretion and to charge a handling fee of 20% of the value of a cancelled order, at least however a minimum of CHF 60.00, and to charge any possible loss in value of the cancelled order since the order was placed.

4 7 Delivery Date 7.1 Delivery delays can arise through production or delivery bottlenecks. All information on availability and delivery dates is therefore subject to change. This can occur at any time with claims for delivery delays being thus excluded. 8 Delivery / Collection at the Branch Stores 8.1 Customers may make use of any of the delivery and collection options noted in the Onlineshop under "Order process" (Bestellvorgang). 8.2 When collecting the product the place of performance is our branch store in St. Margrethen or Niederglatt. Deliveries will only be made to the arranged address by a personal delivery to the customer himself or to a person authorised in writing to receive the product. No deliveries will be made to a postbox or to a packing station. 8.3 Orders will be delivered by Swiss Mail or by an acknowledged Swiss courier service (value courier). 8.4 If a person authorised by the customer to take delivery of the product (see above Item 8.2) is not present at the delivery address indicated by the customer during the arranged delivery time or during the usual times for value deliveries (Monday to Friday from 8 a.m. to 5 p.m.), the deployed courier service will leave a written notice with further information and instructions, in particular with regard to the date of a renewed delivery attempt and to the possibilities of another contact to arrange another date. 8.5 If the customer fails to accept the ordered products even after a renewed delivery attempt and if the product is returned by the courier service, Geiger Edelmetalle can contract out of the agreement (i.e. cancel it) and charge the customer the incurred delivery costs plus a handling charge of 20% of the order value, at least however CHF as well as any possible loss in the value of the ordered products. In the event of a renewed delivery, Geiger Edelmetalle will charge handling costs of CHF in addition to the delivery costs that have been incurred again. 8.6 If the customer does not collect the products in a branch store (branch store collection) within 30 days of the product being ready to be collected, Geiger Edelmetalle may charge a fee for storing the product in a safe deposit box.

5 9 Liability and Exclusion of Liability Although liability is determined by the applicable legal requirements, Geiger Edelmetalle is not liable for (i) slight negligence, (ii) indirect and consequential damages or loss of profit, (iii) unrealised savings, (iv) damages from delivery delays and (v) acts or omissions of auxiliary personnel of Geiger Edelmetalle or a dealer, either contractually or non-contractual. 10 Data Privacy The data privacy statement under Data privacy statement (Datenschutzerklärung) is an integrated element of this GTCT. With the acceptance of this GTCT the customer declares his consent to the data privacy statement. 11 Choice of Law and Jurisdiction 11.1 All legal relations between Geiger Edelmetalle and the customer are subject to material Swiss law. The United Nations Convention on Contracts for the International Sale of Goods does not apply The place of jurisdiction is St. Margrethen. Geiger Edelmetalle may also take legal action against the customer at another competent court. Compulsory statutory places of jurisdiction remain reserved. As of: April 2017