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Terms and conditions

 

 

    1.1. These standard terms and conditions (hereinafter referred to as STC) govern the rights and obligations applicable to the relationship between DICOTA SCHWEIZ AG (hereinafter referred to as DICOTA) and its wholesalers, distributors and business customers (hereinafter referred to as customers). They do not apply to individuals or small customers.
    1.2. By placing the order, the customer accepts these STC.
    1.3. The terms and conditions of the customer shall only apply if they have been accepted by DICOTA in writing.
    1.4. Written agreements that differ from the following provisions shall take precedence over the STC.
    2.1. In the absence of any declarations to the contrary, quotations are always nonbinding and subject to change. Prices are quoted net ex warehouse and exclude VAT, packaging and transportation costs. Unless otherwise provided, quotations from DICOTA are valid for 30 days.
    2.2. DICOTA makes deliveries on a DDP basis (Delivered Duties Paid). The deliveries are insured against transport damage by DICOTA.
    2.3. The currency applicable to the individual order shall be specified on the order confirmation and the invoice and will be deemed to have been implicitly accepted by the customer.
    2.4. The retail prices that are inclusive of VAT published on www.dicota.com, represent nonbinding recommendations of the manufacturer.
    2.5. To be effective, any oral side and supplementary agreements, including any telephone agreements, concerning the execution of the order must be confirmed explicitly in writing by DICOTA.
    3.1. The delivery times specified by DICOTA are only indicative and thus nonbinding.
    3.2. DICOTA is entitled to make partial deliveries insofar as this is reasonable for the customer in a specific case.If a part of the ordered goods cannot be delivered, the customer will not be entitled to cancel the entire order.
    3.3. If there are problems in the procurement process, which are beyond the control of DICOTA, such as disruptions affecting the manufacturer, delays, problems during transport or material shortages, DICOTA will be entitled to cancel the order.
    3.4. Risk passes to the customer upon acceptance of the goods.
    4.1. Unless otherwise specified, invoices are payable within 20 days. All payments must be made in full and any bank fees payable to transfer the payment to the account of DICOTA shall be borne by the customer.
    4.2. If there are concerns regarding the financial standing of the customer, DICOTA will be entitled to deliver only against payment in advance or to suspend deliveries to the customer in whole or in part. Examples include, but are not limited to, cases where the customer has failed to pay invoices within the prescribed limit, there are outstanding invoices in the dunning phase or the customer has failed the credit check.
    4.3. DICOTA insures its trade receivables against nonpayment. After checking the creditworthiness of the customer, the insurance company sets a credit limit, which is then used by DICOTA. This checking process may take a few days to complete.
    4.4. The credit limit is subject to change as a result of the insurance company reassessing the creditworthiness of the customer and setting a new credit limit. In this case, DICOTA shall inform the customer in writing.
    4.5. The customer hereby consents to have his payment history disclosed to the insurance company.
    4.6. Upon expiration of the timelimit for payment, the customer will be in default with payment without the need for a formal notification. DICOTA is entitled to charge late-payment interest of 5%.
    4.7 From the second dunning level, DICOTA will be entitled to impose a dunning fee of CHF 20.00 per reminder. After sending three reminders to the customer to no effect, DICOTA will pass the claim to an external debt collection agency and inform the credit insurance provider.
    4.8. If the buyer is in default with payment and fails to settle any outstanding invoices despite being given a reasonable grace period, DICOTA will be entitled to sell the reserved and not yet delivered goods to another customer.
    4.9. The customer is not entitled to set off or withhold payment unless the claims of the customer are undisputed or legally established.
    5.1. DICOTA will retain title to the supplied goods until the purchase price has been paid in full in accordance with the terms of the contract. The customer shall, at the request of DICOTA, grant his written consent to the registration of a retention of title.
    6.1. Noticeable transport damage or shortages shall be noted on the certificate of the carrier and reported promptly to DICOTA.
    6.2. The customer shall examine the products supplied by DICOTA immediately upon delivery for completeness and accuracy. Any damage, defects and complaints shall be notified to DICOTA promptly upon discovery and no later than within five working days, and shall be accompanied by images and a detailed description.
    6.3. If the damage or defect is notified after the end of this period, the delivery shall be deemed to have been made in accordance with the terms of the contract, unless the shortcoming could not be identified despite a careful examination.
    6.4. Hidden defects shall be notified to DICOTA in writing no later than five working days after discovery. The burden of proof for all eligibility requirements, including the time of discovery of the defect and the timeliness of the complaint rests with the buyer.
    6.5. Small discrepancies with regard to quality, colour, quantity, weight, design and features in conformity with standard commercial practice or which are unavoidable for technical reasons do not constitute defects.
    6.6. Upon receipt of a complaint, DICOTA has the right to request the return of the goods at its own expense within five working days.
    7.1. DICOTA shall either remedy or replace any goods found to be defective free of charge.
    7.2. If DICOTA fails to remedy the defect, the buyer will be, at his option, entitled to demand price reduction or to withdraw from the contract. The buyer is not entitled to withdraw from the contract if the lack of conformity or defect is minor.
    7.3. DICOTA does not accept any liability for negligence other than where the negligence results in breaches of material contractual obligations, guarantee obligations, injury to life, body or health or leads to claims under the Product Liability Act.
    7.4 Any liability for indirect, consequential damage as well as for auxiliary staff is excluded, unless DICOTA has acted deliberately or with gross negligence.
    8.1. Defect-free goods can only be returned or exchanged in exceptional cases and with the prior consent of DICOTA.
    8.2. To return the goods, the customer has to request an RMA number from DICOTA. The goods must be returned in the original packaging with the proof of purchase enclosed.
    8.3. DICOTA reserves the right to return products with missing or unusable original packaging, or products, which are not in the original condition to the customer at his expense and risk. The packaging is considered unusable if it is defective, covered with labels, it is written on, or otherwise unfit for sale. Products are not in the original condition if they have been used or are otherwise unfit for sale.
    8.4. Procured products (products, which DICOTA does not stock and which have been specially made to order) are in any case excluded from returns. By placing the order, the customer undertakes to accept and pay for the ordered quantity in full.
    9.1. The customer undertakes to keep any data and information arising from the contractual relationship with DICOTA, including but not limited to information about prices, discounts, bonuses, etc., confidential and not to disclose it to third parties.
    10.1. DICOTA grants customers access to price lists, product data, product images and videos. While DICOTA makes every effort to ensure this data is up-to-date, it does not accept any liability or warrant that data is accurate, complete or available.
    10.2. All data are the property of DICOTA and may only be used by the customer in the context of the contractual relationship. The rights of use shall lapse upon termination of the contractual relationship.
    10.3. The customer undertakes not to change, edit or manipulate the image and video material provided by DICOTA.
    10.4. DICOTA is entitled to ask the customer to verify whether his customers comply with the image and trademark rights.
    11.1. All transactions, agreements and contracts shall be governed exclusively by the laws of Switzerland to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1). The place of jurisdiction for any disputes arising from the contractual relationships are the courts which have jurisdiction over Wollerau/SZ.