Terms and conditions - Glockengiesserei Berger GmbH
General Terms and Conditions of Glockengiesserei Berger LLC. (GmbH)
§ 1) General
These general terms and conditions (GTC) serve to clearly regulate mutual legal relationships between the customer and the Glockengiesserei Berger. The terms and conditions obtain their validity with the publication in the web shop. Insofar as no special conditions have been agreed and have been confirmed by us, the following business, delivery and payment conditions apply, with which the customer agrees when placing an order.
Names and article names as well as article no. in our assortment and on this website (in particular on swissbells.com, swissbells.ch, kuh-glocken.ch, glockengiessereiberger.ch, glockengiesserei-berger.ch and glocken.ch) are only for customers with a billing address in Switzerland. For reasons of data and trademark protection, international customers must refrain from any name designation during correspondence.
§ 2) Offer and contract
The offers of Glockengiesserei Berger in price lists and advertisements are non-binding. Orders, agreements, additions and amendments are only binding for Glockengiesserei Berger after confirmation. Order confirmations are only prepared upon express request. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are to be understood as indicative only and do not constitute an assurance of any characteristics, unless they are expressly designated as binding. We expressly point out that our products are made by hand. The illustrations may differ slightly from the delivered product. For spelling mistakes in inscriptions Glockengiesserei Berger assumes no responsibility, unless the inscription has been confirmed by us. If a buyer exceeds his credit limit by an order or if there is insufficient creditworthiness, we are released from our delivery obligation or may offer another payment method.
§ 3) Prices
Decisive are the prices stated in our order confirmation. However, errors and possible price changes remain reserved. When a new price list is published or a change is made to our website, the previous price will automatically become invalid. For special offers, we are only bound to the stated prices for the period of validity stated in the offer and the goods are only issued as long as they are available to us. In case of delivery bottlenecks and errands, the daily price on the day of order applies. All prices are, unless otherwise agreed, plus transport costs, including VAT in Switzerland, excl. VAT abroad.
§ 4) Delivery and service time
Dates and delivery times are not binding unless expressly agreed otherwise. The specification of specific delivery times and delivery dates by the Glockengiesserei Berger is subject to the correct and timely delivery of the bell foundry Berger by suppliers and manufacturers. Delivery is immediate or by appointment. Goods that are available from stock will be shipped within 1 - 4 days if possible. The online shop is updated several times a day. It can therefore lead to overlaps in the displayed stock, d. h that your item appears as available but is no longer in stock. If this is the case, we will contact you immediately and offer you an appropriate solution. Articles that we have to produce or order have a longer delivery time (depending on the production capacity as well as the delivery capability of our suppliers). Operating and traffic disruptions and other cases of force majeure release us from the agreed delivery period, as well as the obligation to complete the fulfillment of the contract. In the case of subsequent deliveries for items which are designated as not or not yet deliverable in our shop, the shipping charges shall be borne by the customer.
§ 5) Default of acceptance
If the buyer refuses to accept the delivery items after expiry of a grace period granted to him or declares that he does not want to take the goods, Glockengiesserei Berger may refuse to fulfill the contract and claim damages for non-performance. The bell foundry Berger is entitled to claim either as a lump sum compensation 25% of the agreed purchase price or the replacement of the damage effectively incurred by the buyer.
§ 6) Delivery
The choice of shipping method is basically free. Our delivery is insured by us with the respective forwarding agent. In the event of damage to the goods during transport, the facts and the further course of action must be clarified by you. Visible differences in quantity must be indicated immediately upon receipt of goods, hidden differences in quantity within 8 days after receipt of goods by Glockengiesserei Berger and the carrier. Complaints regarding damage, delay, loss or bad packaging must be reported immediately after receipt of the consignment. The shipment is carbon neutral by Swiss Post Economy, Swiss Post Priority or Swiss Post Express Moon, unless you want a different shipping method. Any additional costs of a different shipping method shall be borne by the customer. The delivery is generally worldwide for a corresponding shipping fee via Swiss Post International. Please note that the customs duties and any applicable VAT will be charged by the authorities for shipping abroad. We have no influence on them. The terms abroad are indicative, which z.T. may differ significantly. This is usually due to the customs offices, which we have no control over. Delays in delivery due to long customs terms are not grounds for contract cancellation and do not release the buyer from his payment obligations and no reduction can be asserted.
§ 7) Transfer of risk
If the company sends the goods to the customer, the risk passes to the customer when the goods are handed over by the carrier to the customer. If shipping is delayed or becomes impossible without our fault, Glockengiesserei Berger can not be held responsible. A takeover of the transport costs by Glockengiesserei Berger agreed in individual cases has no influence on the transfer of risk.
§ 8) Warranty and guarantee
We grant warranty for the delivered goods in accordance with the statutory provisions. This warranty applies only to defects that occur under normal operating conditions and when used properly. It does not apply to such defects caused by improper use, excessive use, repair by unauthorized persons, inadequate storage and handling or normal wear and tear. Returns will not be accepted without prior agreement. Insignificant deviations from warranted characteristics of the goods do not give rise to any warranty rights. It is to give us the opportunity to correct the reported defects within a reasonable period. For defects recognized by us free repair or replacement takes place.
§ 9) Returns
A return of products by the customer requires the prior consent of Glockengiesserei Berger and takes place at the expense and risk of the customer. The return of the products must be in their original packaging and enclosed with a detailed description of defects / defects. Products which we procure on customer's request or do not store in stock (eg inscription on bells, buckles, specially made carvings, etc.) are excluded from the return. Replacing parts or entire products will not bring any new warranty periods into effect. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. All goods stored by us are in principle taken back within one week. You will then receive a credit for the value of the goods. Condition: No change may be made to the goods. Goods that are not in intact condition or goods that have been maliciously destroyed, is excluded from the return. If these conditions are not met, we must charge for damaged and / or missing returned goods and additionally charge a processing fee of CHF 50.00. In the case of abusive returns, we reserve the right to return the goods unprocessed at the expense of the recipient.
§ 10) Retention of title
The delivered goods remain the property of Glockengiesserei Berger until full payment. This also applies if the delivered goods were further processed, changed or resold.
§ 11) Terms of payment
The invoices are payable net in cash or within 10 days, as agreed, unless otherwise agreed. The possibility of payment on account is clarified in advance by the Glockengiesserei Berger by means of a credit check. If the credit rating is insufficient, a different method of payment can be offered by the bell foundry Berger. The delivery is basically unfree, i. at the expense of the buyer by parcel post, freight forwarder or own vehicle, unless otherwise agreed. A payment is deemed to be made only when we can dispose of the amount. Checks will not be accepted. If the buyer is in default of payment, we are entitled to charge interest of 5% from the relevant date and to charge dunning fees in the amount of CHF 10.00 for the second reminder and CHF 20.00 for the third reminder. For notorious late arrivals, a fee of CHF 10.00 will be charged from the first reminder. During the duration of the delay, the Glockengiesserei Berger is also entitled at any time to withdraw from the contract, to reclaim the delivered goods and to claim damages for the falling of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances which are likely to reduce the customer's creditworthiness, in particular cessation of payments, pending settlement or bankruptcy proceedings. In these cases, we are entitled to retain any outstanding deliveries or to execute them only against advance payment or securities. Shipping abroad is always on prepayment. In the case of advance payment, the shipping will take place only after definitive crediting of the invoice amount. Payment by credit card (VISA, Mastercard, Diners Club or American Express) as well as electronically (Twint, PayPal) is possible.
§ 12) Technical details and detailed explanations
Technical information is provided by us to the best of our knowledge and belief. These may vary slightly as all products are made by hand. We can not be held responsible for any possible false information provided by our suppliers. Detailed explanations and other product-specific information are in part copies of supplier information and are provided for ease of understanding. We can not be held liable for any errors or mistakes.
§ 13) View broadcasts
View shipments will be charged a turnover allowance of CHF 20.00 and shipping costs. If this results in an order, this amount is eliminated. Selection shipments will be invoiced after 14 days and will not be withdrawn.
§ 14) Limitation of Liability
Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort, are excluded both against us, and against our vicarious agents, unless intentional or grossly negligent action is involved. Any liability for consequential damage resulting from the use of the products is rejected.
§ 15) Changes to the terms and conditions
We reserve the right to change the terms and conditions at any time. In each case the terms and conditions apply, as they are published in the Web shop.
§ 16) Applicable law and jurisdiction
Swiss law applies. Jurisdiction for all disputes between the parties from a contractual relationship is Langnau im Emmental (Canton of Bern, Switzerland).
§ 17) Severability clause
Should any provision of this text be or become invalid or unenforceable, the remaining provisions of this text shall remain unaffected.
Baerau, 09th August, 2018