Terms and conditions
General Terms and Conditions (GTC)
1. General Points and Validity of the GTC
1.1 The General Terms and Conditions (hereinafter referred to as GTC) govern the comprehensive terms and conditions of business and services between Gonser AG (hereinafter referred to as GONSER.CH) and its customers.
1.2 Deviations from these terms and conditions are only effective if we confirm them in writing.
2. Offer
2.1 The offers on the GONSER.CH webshop are subject to change and are not to be understood as binding offers. An order shall only be deemed to have been placed when the order is confirmed by e-mail or when the ordered goods are delivered. The availability of items from our suppliers or manufacturers is reserved.
2.2 The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.
3. Prices
3.1 All prices on GONSER.CH are listed in CHF and are subject to change. The prices include value added tax (VAT).
3.2 Technical changes, errors and misprints remain reserved.
3.3 Prices may be changed by GONSER.CH at any time and without prior notice.
4. Shipping Costs
4.1 Unless explicitly specified otherwise in the order, we provide free shipping for all products ordered through the GONSER.CH webshop within Switzerland and the Principality of Liechtenstein.
4.2 For items labelled "gonserBOX" or "box items", a delivery charge of CHF 6.90 per order will be charged. As soon as the total of all gonserBOX items reaches CHF 35.00, these items will also be delivered free of charge.
4.3 Delivery to other countries is not possible.
5. Payment
5.1 Delivery shall only be made against advance payment. Payment on account is not possible.
5.2 GONSER.CH accepts prepayment, credit cards, EC-Direct, TWINT or Paypal as payment methods of its choice. When paying by credit card or Paypal, the commission rate published on the website applies.
5.3 In the absence of special agreements, a payment period of 10 days after placing the order shall apply.
5.4 Payment is also possible by means of a goods voucher. Only one voucher can be used per order. Vouchers cannot be combined in any way.
6. Default of Payment
6.1 If the customer fails to settle the debt after a specified grace period, GONSER.CH may claim damages and proceed in accordance with the provisions of the Swiss Code of Obligations. In particular, GONSER.CH has the right to assign outstanding debts to external debt collection companies.
7. Delivery
7.1 Delivery is made exclusively by dispatch. Collection is not possible for logistical reasons.
7.2 The stated delivery periods are for guidance only and are not binding. Should a delivery deadline not be met, the customer has the option to cancel the order after providing a written notice and allowing a grace period of at least 14 days from the date of notification. The customer may not assert any further claims.
7.3 Confirmed orders can be cancelled by GONSER.CH due to external circumstances beyond its control without incurring any costs.
7.4 The transport risk is transferred to the buyer as soon as the consignment has been handed over to the transport company. However, the consignment is insured to a limited extent. Damage to the delivered goods must be reported to the transport company as soon as possible, but at the latest within 4 calendar days of delivery. In the event of complaints, all parts of the original packaging must be retained. These may only be disposed of with the written consent of the transport company or GONSER.CH.
7.5 Delivery is always made to the kerbside. No floor deliveries are offered.
8. Warranty
8.1 Unless expressly agreed otherwise in writing, the warranty period shall be 24 months in accordance with the following provisions.
8.2 The warranty shall commence on the date of delivery. If the defect is due to improper use, storage or handling, the warranty shall lapse. Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty rights.
8.3 Warranty claims against GONSER.CH are only available to the direct purchaser and cannot be assigned to third parties.
8.4 The buyer shall have the exclusive right to repair or exchange (replacement delivery). Cancellation and reduction are excluded. The decision to repair or replace an item lies with GONSER.CH.
8.5 Excluded from the warranty are wear parts, batteries, and rechargeable batteries.
9. Exchange and Return
9.1 In principle, there is no general right of return. However, we offer you a 100-day right of exchange. Items can be returned within 100 days of receipt of delivery and the money will be refunded to you in the form of a goods voucher. However, the return must be agreed with us in advance and the return requires the written consent of GONSER.CH.
9.2 The goods must be complete, undamaged, unused and in their original packaging. Used, assembled or not originally packed goods are excluded from the right of exchange.
10. Limitation of Liability
10.1 In accordance with these GTC and the other contractual provisions, GONSER.CH undertakes to the customer to provide the services with due care.
10.2 Compensation claims arising from impossibility of performance, breach of contract, culpability at the time of contract conclusion, and unlawful acts are excluded against both us and our agents, unless there is intentional or grossly negligent conduct.
10.3 Liability for indirect damage and consequential damage resulting from use, faulty performance or loss of performance is excluded.
11. Data Protection
11.1 GONSER.CH is entitled to process the data received regarding business transactions or related to them concerning the buyer, whether obtained directly from the buyer or from third parties, in accordance with the Federal Data Protection Act.
11.2 Personal customer data will be treated confidentially and will not be passed on to third parties.
12. Changes to the General Terms and Conditions
12.1 We reserve the right to amend the GTC at any time. The GTC as published in the webshop shall apply in each case. For purchase orders placed before the amended GTC come into force, the previous GTC shall apply even after the amended GTC come into force.
13. Place of Jurisdiction
13.1 The place of jurisdiction for all disputes with GONSER.CH is - subject to mandatory deviations - Horw. The legal relationship is subject to Swiss law.
Gonser AG,
Horw, 26.02.2020
