General Terms and Conditions for customers of SAMINA AG
§ 1 Scope (1) The following "General Terms and Conditions" (GTC) shall apply in the version valid on the day of the order for all purchase contracts for products and services of SAMINA AG (seller) and its customers (buyer, orderer). Deviating agreements must be in writing. By placing an order or placing an order, the customer agrees to these terms and conditions and is bound by them. (2) Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected.
§ 2 offer (1) SAMINA AG reserves the right to change the content of its services at any time. All offers of SAMINA AG (brochures, catalogs, price lists, webshop) are non-binding. (2) Telephone information is non-binding, unless it is clearly an offer with a specific validity date. Offers made in writing, in personal conversation, by fax or by e-mail are considered binding and valid for four weeks, unless otherwise agreed in writing. (3) An offer is accepted by the buyer in writing, by telephone, by fax, e-mail or in personal conversation. The seller confirms the acceptance of the order in writing, by fax, e-mail or in any other suitable manner. (4) If the buyer wishes to make changes to the confirmation of acceptance, the seller shall inform him within one week whether the change is possible and what effects it has on the provision of the delivery / service, dates and prices.
§ 3 Contract language
The contents of the contract, all other information, customer service and complaint handling are kept in written form and in German. § 4 prices (1) In principle, the purchase price for the goods as agreed, which results from the current brochures, catalogs, price lists, webshop or similar publications of SAMINA AG. (2) Unless otherwise stated, all prices are understood as "gross prices", ie including the statutory value added tax, but excluding all expenses and costs incurred with the shipment or with the delivery and installation. The prices for the offered deliveries and services do not include costs, which are charged by third parties. (3) Unless otherwise agreed, all costs incurred in connection with delivery and / or assembly shall be borne by the Purchaser. The prices for the offered deliveries and services do not include costs, which are charged by third parties. § 5 Terms of delivery and right of return (1) SAMINA AG undertakes to deliver the agreed products to the customer on or shortly before the deadline specified in the confirmation of acceptance, while the buyer undertakes to accept these products at the predetermined time. (2) In the case of agreed delivery, the delivery will be made to the address specified by the customer. In the case of incorrect, incomplete or unclear information or non-acceptance by the customer, the latter shall bear all costs arising therefrom. (3) After separately agreed and without exception cushioned return of used goods, SAMINA AG reserves the right to charge the customer for the costs of wear and depreciation. All discounts granted will be reimbursed (including unaccounted for transport and / or installation / assembly costs). The costs of return, dismantling or similar are at the expense of the customer. (4) Special dimensions and custom-made items as well as all used hygiene and sheep's wool items (including blankets, cushions and pillows) are in any case excluded from return. § 6 Terms of payment (1) Unless otherwise agreed in writing, the payment options offered in the online shop Paypal or advance payment by bank transfer apply. (2) In case of late payment a default interest of 5% is due. In case of default of payment, the customer is obliged to replace all dunning and collection charges incurred by SAMINA AG due to this default in payment for the purpose of appropriate legal prosecution. § 7 Retention of title
The object of purchase remains the property of SAMINA AG until full payment. The seller is entitled to register the retention of title in the relevant register. § 8 Privacy (1) The employees of SAMINA AG are subject to the confidentiality obligations of the Data Protection Act. (2) The customer acknowledges that the use of the data specified in the contract about the customer for the purposes of our accounting and customer evidence are stored and processed. The data is used to fulfill legal requirements and to process the payment transactions. Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract. Contractual partners of SAMINA AG are instructed about this privacy policy and are obliged accordingly. (3) The customer agrees to be informed about services and products of SAMINA AG (events, publications ...) also by e-mail. This consent can be revoked by the customer at any time. § 9 Warranty and damages (1) Emerging defects must be reported to SAMINA AG immediately. The regulations of the OR apply. (2) In the event of a legitimate defect, SAMINA AG shall be entitled, at its discretion, to remedy the defect, in particular by delivery of individual replacement parts, or to replace the goods. The seller is entitled to claim the goods complained about in the production plant in order to be able to assess and handle the complaint defect professionally. If the removal of the defect fails or the seller is unable to provide a replacement, the customer shall be entitled to claim a price reduction, if it is not a matter of minor defects, as a replacement or goods of the same class. (3) SAMINA AG shall only be liable for damages in case of intent and gross negligence. The replacement of consequential damages as well as pure financial loss are excluded.
§ 10 Place of Jurisdiction / Applicable Law
Swiss law is applicable to this contract, in particular the provisions on the purchase agreement (Articles 184 et seq. Of the Swiss Code of Obligations). Jurisdiction is the headquarters of SAMINA AG in Switzerland.
General Terms and Conditions for customers of SAMINA Produktions- und Handels GmbH
§ 1 Scope (1) The following "General Terms and Conditions" (GTC) shall apply in the version valid on the day of the order for all purchase contracts for products and services of SAMINA Produktions- und Handels GmbH and its customers. Deviating agreements must be in writing. By placing his order, the customer agrees to these terms and conditions and bound to them. (2) Should individual provisions of these Terms and Conditions be or become invalid in whole or in part due to mandatory statutory provisions, the remaining provisions of these Terms and Conditions shall remain in effect.
§ 2 Conclusion of contract SAMINA Produktions- und Handels GmbH reserves the right to change the content of its services at any time. All offers of SAMINA Produktions- und Handels GmbH (brochures, catalogs, price lists, webshop ...) are non-binding. The contract is concluded by acceptance of the order by SAMINA Produktions- und Handels GmbH, either by sending an order confirmation or directly by sending the ordered goods.
§ 3 Contract language
The contents of the contract, all other information, customer service and complaint handling are offered in German language.
§ 4 right of withdrawal / right of withdrawal in distance selling (1) Customers who are consumers within the meaning of the Consumer Protection Act may, within a period of seven working days from receipt of the delivery of the ordered goods from a distance contract (ie by fax, e-mail, webshop, telephone ...) contract ( or their order placed remotely) (right of withdrawal). (2) In the case of withdrawal, a refund of the purchase price will take place only step by step against deferral of the goods received by the customer. Condition for this is that the goods are in unused and as new resellable condition. The costs of the return are at the expense of the customer. (3) For items that are affected or damaged by signs of wear and tear, SAMINA Produktions- und Handels GmbH will charge an appropriate fee for the impairment. (4) The right of revocation does not exist in the case of distance contracts for the delivery of goods which have been specially manufactured for the customer or which are tailored to the specific needs of the customer. § 5 prices
(1) In principle, the purchase price for the ordered goods as agreed, which results from the current brochures, catalogs, price lists, webshop or similar publications of SAMINA Produktions- und Handels GmbH.
§ 6 Delivery conditions (1) The delivery normally takes place within 14 working days from the order of the customer, but in any case within 30 days from the order date. Should we - for example due to the unavailability of the goods - be unable to accept an order, we will inform the customer immediately. (2) The delivery will be made to the address given by the customer. In the case of incorrect, incomplete or unclear information provided by the customer, the customer bears all costs arising therefrom. § 7 Terms of payment (1) Terms of payment by agreement. Subject to change. In the SAMINA online shop, the payment options Paypal or advance payment are offered by bank transfer. (2) In case of late payment default interest of 5% p.a. charged. In the event of default in payment, the customer is obliged to reimburse SAMINA Produktions- und Handels GmbH for the appropriate legal action necessary to prosecute all the dunning and collection charges incurred as a result of this default in payment. The assertion of a higher damage caused by default reserves the SAMINA Produktions- und Handels GmbH.
§ 8 Warranty and damages (1) Defective defects are to be announced - as far as possible upon delivery or after becoming visible - without the customer being a consumer within the meaning of the KSchG being liable for any negligent legal consequences. (2) In the event of a legitimate defect, SAMINA Produktions- und Handels GmbH shall be entitled, at its discretion, to remedy the defect, in particular also by delivery of individual replacement parts, or for replacement. This is done train by train. SAMINA is entitled to claim the goods complained about in the production plant in order to be able to professionally assess and process the complained defect. If the rectification of defects fails or if we are not in a position to render a replacement delivery, the customer is entitled to demand a price reduction or, if it is not a matter of minor defects, a change. The statutory warranty provisions apply to customers who are consumers in the sense of the KSchG. (3) SAMINA Produktions- und Handels GmbH shall only be liable for damage caused by intent or gross negligence, with the exception of damage to persons. The replacement of consequential damages, as well as pure financial losses is excluded from entrepreneurs. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove.
§ 9 Retention of title
SAMINA Produktions- und Handels GmbH reserves ownership of the object of purchase until receipt of the entire purchase price.
§ 10 Privacy (1) The employees of SAMINA Produktions- und Handels GmbH are subject to the confidentiality obligations of the Data Protection Act. (2) The customer acknowledges that the use of the data specified in the contract about the customer for the purposes of our accounting and customer evidence are stored and processed. The data is used to fulfill legal requirements and to process the payment transactions. Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract. Contractual partners of SAMINA Produktions- und Handels GmbH are instructed about this privacy policy and are obliged accordingly. (3) The customer agrees to be informed about services and products of SAMINA Produktions- und Handels GmbH (events, publications ...) also by e-mail. This consent can be revoked by the customer at any time. § 11 Jurisdiction and applicable law (1) Austrian substantive law shall be applied to this contract to the exclusion of the UN Sales Convention. If the customer is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence shall apply to this contract. (2) For disputes, the competent court at the registered office of SAMINA Produktions- und Handels GmbH is exclusively responsible. If the customer is a consumer within the meaning of the KSchG, the jurisdiction of that court is deemed to be justified, in whose district the domicile, habitual residence or place of employment of the customer lies. (3) The place of performance is the registered office of SAMINA Produktions- und Handels GmbH. |