Terms & Conditions Simmar GmbH
§ 1 Scope Deliveries, services, and offers provided by Simmar GmbH shall take place exclusively according to these terms and conditions, even in cases where they have not been agreed to explicitly. Orders of goods or services shall assume that these conditions have been accepted. The buyer's general terms of purchase are hereby expressly excluded. Any deviations from these general terms of service shall only be valid in case they have been confirmed in writing.
§ 2 Offer and conclusion of contract 1. Offers made by Simmar GmbH in price lists and advertisements shall remain subject to change and are non-binding. Orders shall only become binding for Simmar GmbH once they have been confirmed in writing. Order confirmations shall only be provided if requested explicitly. 2. Specifications in our sales documents are only to be considered guidelines and do not guarantee characteristics, unless these characteristics have been definedexplicitly as such in writing.
§ 3 Prices 1. The prices indicated in our order confirmation shall be authoritative. These shall be fixed for stock items at the time of ordering. In case of delivery shortages or problems, the price on the day of ordering shall apply. 2. For Switzerland prices shall not include transport costs and include 8 % VAT, unless otherwise has been agreed in writing. The costs for deliveries to countries outside Switzerland are listed throughout the purchase processing page. The customer will be liable for any export or import duties or fees that apply to deliveries to countries outside of Switzerland.
§ 4 Delivery and service times 1. Deadlines and delivery dates shall be non-binding, provided otherwise has not been agreed to in writing. Exact delivery dates shall be indicated to the customer by telephone, mail, or via another means of communication. Indication of exact delivery dates and delivery times by Simmar GmbH shall be subject to correct and punctual supply to Simmar GmbH by suppliers and manufacturers.
2. In case delivery of the ordered goods is not completed by Simmar GmbH within 20 working days after the delivery deadline, the customer shall be entitled to withdraw from the contract. The customer must inform Simmar GmbH regarding this in writing.
§ 5 Default of acceptance 1. If the purchaser refuses acceptance of the ordered goods after a grace period that has been set for him or declares that he does not wish to accept the goods, Simmar GmbH may refuse fulfillment of the contract and demand compensation due to non-fulfillment. Simmar GmbH shall be entitled to demand compensation either as a flat rate of 25% of the agreed purchase price or as compensation of the effective damages resulting from the customer's actions.
§ 6 Delivery 1. Visible differences in quantity must be reported directly upon receipt, and concealed differences in quantity must be reported within 4 days after receipt to Simmar GmbH and the delivery service in writing. Complaints regarding damages, delays, losses, or poor packaging must be reported immediately upon receipt of the delivery.
§ 7 Transfer of risk 1. Risks shall transfer to the purchaser as soon as the delivery has been provided to the person/institution executing the delivery. In case the delivery is delayed or becomes impossible in a way that we are not responsible for, risk shall transfer to the customer after notification of readiness for delivery. The transfer of risk shall not be affected in case transport costs have been transferred to Simmar GmbH by special agreement.
§ 8 Warranty
8.1. The warranty shall amount to 1 year corresponding with the following conditions, provided otherwise has not been agreed to explicitly in writing.
8.2. Liability for normal wear and tear shall not be accepted.
8.3. Warranty claims against Simmar GmbH may only be submitted by the immediate purchaser and may not be assigned.
§ 9 Returns & withdrawal
9.1. In case of returns or repairs, the purchaser must send the damaged or returned article with a copy of the included invoice to Simmar GmbH.
9.2. The customer has a 14-day (fourteen) right of exchange or cancellation. This begins with the date of the invoice. You have the right of withdrawal within fourteen days only if you provide the appropriate reasons.
The products are to be sent to the official address of Simmar GmbH in perfect, unused and originally packaged condition.
The exchange is only valid if you want the same item in a different color / size, only exchange once. If the right of withdrawal is exercised, the customer must inform Simmar GmbH in advance. The shipping costs as "Registered" are to be borne by the buyer. The reimbursement of the payments already made will be refunded to the customer in the same way as the payment made when the order was placed. A refund by means of a voucher can be offered to the customer in advance.
The provisions relating to exchange or cancellation do not apply to products that are excluded from the exchange or right of cancellation (e.g. personalized products, made-to-measure products, perishable products, hermetically sealed products that are not returned for reasons of safety or hygiene can, etc.).
§ 10 Retention of property rights 1. The goods delivered shall remain the property of Simmar GmbH until payment is made in full.
§ 11 Payment 1. Invoices may be paid cash on delivery, in cash, by credit/debit card or strictly net within 14 days, provided not otherwise agreed. Deliveries shall be made freight collect, i.e. at the purchaser's cost via parcel post, courier, or another vehicle, unless explicitly agreed otherwise.
2. Payment shall only be acknowledged as received once the amount is available to Simmar GmbH. Cheques shall not be accepted.
3. In case the customer finds himself in arrears, Simmar GmbH shall be entitled to calculate interest amounting to 10% from the corresponding date. For the duration of arrears, Simmar GmbH shall be entitled at all times to withdraw from the contract, to demand the return of the delivered goods, and to demand compensation for the cancellation of the contract.
4. All claims shall become due immediately in case the recipient find himself in arrears, in case other important contractual obligations are not fulfilled, or in case Simmar GmbH becomes aware of circumstances that are suitable grounds for reducing the recipient's creditworthiness, especially cessation of payments or pendency of a settlement or bankruptcy proceedings. In this case, we shall be entitled to withhold deliveries or to make deliveries after prepayment or against security collateral.
§ 12 Limitation of liability 1. Damage claims resulting from impossibility of performance, contractual violations, fault at the time the contract was concluded, or unauthorised actions shall be excluded for ourselves and for our subcontractors and vicarious agents, provided intent or gross negligence cannot be determined. No liability shall be accepted for subsequent damages resulting from use of the products.
§ 13 Data protection 1. Simmar GmbH shall be entitled to process data regarding the customer received within the scope of the business transaction or connected with it according to the provisions of the German Data Protection Act, regardless of whether this information is received from the purchaser himself or from a third party.
2. The customer is aware that in exceptional cases, e.g. payment by credit cards, personal data which is required within the scope of the transaction may be exchanged with partner companies. This data shall only be required within the scope of the transaction; it shall not be transferred to third parties and shall be processed accordingly via security technologies (SSL).
3. The customer consents to receive information regarding new offers and new services from Simmar GmbH at irregular intervals. This consent may be withdrawn in writing at all times.
§ 15 Jurisdiction 1. Zurich shall be the exclusive court of jurisdiction for all disputes resulting directly or indirectly from this contractual agreement. The laws of the Swiss Confederation shall apply.