General Terms and Conditions with customer information
1.1 These General Terms and Conditions of DICOTA SCHWEIZ AG (hereinafter referred to as the “Seller”) apply for all contracts that a consumer or businessperson (hereinafter referred to as the “Customer”) concludes with the Seller concerning the goods and/or services presented by the Seller in his/her online shop. The inclusion of the Customer’s own terms and conditions is hereby opposed, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his/her commercial nor his/her independent professional activity. A businessperson within the meaning of these GTC is any natural or legal person or a partnership with legal capacity that, upon conclusion of a legal transaction, is carrying out an independent professional or commercial activity.
2.1 The product descriptions contained in the online shop of the Seller do not constitute binding offers of the Seller, but aid the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the online shop of the Seller. In doing so the Customer, after having entered his/her personal details and by clicking on the button to complete the order process, submits a legally binding contract offer in relation to the goods and/or services contained in the shopping basket.
2.3 The Seller may accept the offer of the Customer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
- by sending to the Customer the goods ordered, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the submission of his/her order.
If several of the above-named alternatives are present, the Contract will become effective at the point in time in which one of the above-mentioned alternatives first occurs. If the Seller does not accept the offer of the Customer within the above-mentioned time period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by his/her declaration of intent.
2.4 If the Customer selects “PayPal Express” as the payment method during the order process, he/she also simultaneously assigns a payment order to his/her payment service provider by clicking on the button to complete the order process. In this case, the Seller already declares, in contrast to figure 2.3, the acceptance of the Customer’s offer at the point in time in which the Customer completes the payment process by clicking on the button to complete the order process.
2.5 The time period for the acceptance of the offer begins the day after the sending of the offer by the Customer, and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the online order form of the Seller, the Contract text will be stored by the Seller and sent to the Customer, after the sending of his/her order, along with these GTC in text form (e.g. email, fax or letter). In addition, the Contract text will be archived on the Seller’s website and may be accessed by the Customer free of charge via his/her password-protected customer account, by entering the corresponding login details, if the Customer created a customer account in the online shop of the Seller before placing his/her order.
2.7 Before the binding submission of the order via the Seller’s online order form, the Customer may continually correct his/her entries via the usual keyboard and mouse functions. Moreover, all entries will be displayed once again in a confirmation window before the binding submission of the order, where they can also be corrected via the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the Contract.
2.9 The order processing and making of contact generally takes place via email and automated order processing. The Customer must ensure that the email address he/she enters for the order processing is correct, so that the emails sent by the Seller to this address can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties the Seller tasks with the order processing can be delivered.
3.1 The stated prices of the Seller contain the statutory value added tax and other price components. If necessary, any additional delivery and shipping costs will be stated separately in the respective product description.
3.2 The Customer is entitled to use different payment methods that are stated in the online shop of the Seller.
3.3 If advance payment is agreed, the payment is due immediately after the conclusion of the Contract.
3.4 When selecting payment method delivery on account, the purchase price is due after the goods are delivered and invoiced.
When selecting payment method delivery on account, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice, without deductions, unless otherwise agreed. The Seller reserves the right, upon the selection of payment method delivery on account, to carry out a credit check and reject this payment method in the event of a negative credit check result.
3.5 When selecting the “PayPal” payment method, the payment processing will take place via payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, under the PayPal terms and conditions of use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires the Customer to open a PayPal account or to already have such an account.
4.1 The delivery of goods will take place regularly via a dispatch route to the delivery address stated by the Customer. During the transaction processing, the delivery address given in the order processing of the Seller is decisive. By way of exception, when selecting the PayPal payment method, the delivery address entered by the Customer at the time of payment via PayPal is decisive.
4.2 If the transport company sends the dispatched goods back to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods is transferred upon assignment of the goods for shipping or handover to the assigned transport person.
4.4 Self-collection is not possible for logistical reasons.
The statutory liability for defects applies.
6.1 If the Customer is acting as a consumer within the meaning of figure 1.2, Swiss law applies for all legal relationships between the parties, with the exclusion of the UN convention on the international purchase of movable goods, and the place of residence of the Customer is the sole place of jurisdiction for all disputes resulting from this Contract.
6.2 If the Customer is acting as a businessperson within the meaning of figure 1.2, the sole place of jurisdiction or all disputes resulting from this Contract is the place of residence or business of the Seller.
Standard terms and conditions of DICOTA SCHWEIZ AG for wholesalers, distributors and business customers / 09.03.2017
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 non-binding 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 non-binding 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 non-binding.
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 non-payment. 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 time-limit 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.