General terms and conditions of business
General terms and conditions of business of Curaden Trading AG (hereinafter known as the ‘seller’); Effective from 1st November 2010
1. General remarks
1.1. These general terms and conditions shall be binding if they are declared in the offer or in the order confirmation. Any other terms and conditions of the buyer shall be valid only if they are explicitly accepted in writing by the seller and buyer.
1.2. All agreements and legally relevant declarations by the contracting parties are only valid if made in writing.
1.3. If any provision of these general terms and conditions proves to be invalid in whole or in part, the contracting parties shall replace the aforesaid provision by a new provision which comes as close as possible to the legal and economic intention of the invalid provision.
2.1. All orders must be in writing to be deemed valid.
2.2. The seller is entitled to require the buyer to provide security (bank guarantee, irrevocable confirmed letter of credit or prepayment).
2.3. Amendments to and/or cancellations of orders require the written consent of the seller. Expenses and costs caused by an amendment or cancellation by customers shall be met by the buyer.
3.1. Prices are calculated on the basis of the seller’s price lists/quotations valid at the time of receipt of the order.
3.2. Prices quoted are net in Swiss francs without deductions (such as rebate or discount), incl. VAT, but excluding customs and import duties.
3.3. Errors and omissions excepted.
4.1. The products ordered shall be delivered in accordance with information provided by the seller in the order confirmation.
4.2. . Delivery costs shall be borne by the buyer and are charged separately. Part-deliveries due to stock shortages are delivered free of postage.
4.3. Exceeding the delivery date does not entitle the buyer either to cancel the contract or to demand compensation.
4.4. Subject to stock availability, all items are delivered directly without delay. Deliveries are restricted to Switzerland. Delivery times within Switzerland are generally up to 5 business days. If an item is temporarily unavailable, buyers will be informed by e-mail of the expected delivery time conditional on an e-mail address having been provided.
4.5. Force majeure (war, strike, fire, import bans, tariff increases, import restrictions, etc.) entitles both parties to cancel the contract if the situation is based on a contingency outside the control of the parties and they could not reasonably be expected to know of the contingency at contract date or to avoid or overcome its consequences.
4.6. The seller is entitled to make partial deliveries whereby the buyer’s initial reference quantity must be complied with.
5.1. All logos, illustrations and representations are owned by Curaden Trading AG and are subject to copyright.
5.2. All pictures, logos, texts, reports and programming routines shown on these pages, which have been developed by Curaden Trading AG or have been prepared by us, may not be copied without our consent or used for any other purposes. All rights reserved.
6.1. All complaints must be made within 14 calendar days following delivery of the goods ex works of the seller. Goods are otherwise considered free of defects and approved.
6.2. The seller is entitled, at its option, either to issue a replacement or a credit for faulty goods. The seller's liability is limited in each case to the amount invoiced for the faulty product. All claims by the buyer unless those expressly mentioned in these conditions, irrespective of their legal basis, in particular any claims not expressly mentioned for damages, reduction or cancellation of the contract (rescission) are excluded. Under no circumstances shall the customer have the right to claim compensation for damage suffered by any person or property other than the purchase.
6.3. The seller will supply the goods in perfect quality. Slight external variations relating to thickness, colour, sizes and weight do not represent a defect. The picture may deviate slightly from the good delivered. This does not constitute a defect.
6.4. For the period until the end of the expiration date on the package or the use-by date, the seller warrants that the goods delivered are free from defects subject to proper transportation, appropriate use and correct storage. Any further warranties or liabilities, in particular for consequential damages, are - if legally permissible – explicitly excluded.
7. Payment and credit cards
7.1. All prices stated are final prices that include statutory VAT of 8% and an advance recycling charge for electrical or sonic toothbrushes. Payment for delivery within Switzerland is possible as follows: credit card (debited when goods are ordered).
7.2. We accept MasterCard and VISA. The entire amount is refunded as a credit when an order is cancelled. In the case of online payment, credit cards are also debited when the product ordered is not yet available.
8. Reservation of ownership
Goods supplied remain the property of Curaden Trading AG until full payment has been received.
9.1. Goods supplied can be returned or exchanged by the buyer within 14 days provided they are in their original packaging and are in perfect and resalable condition. Please enclose a copy of the delivery note.
9.2. Shipping costs for returns are charged to the buyer.
The seller offers a 2-year warranty on electrical appliances. This does not include consumables or batteries, which are subject to normal wear and tear.
11. Applicable law, jurisdiction and place of performance
11.1. All legal relationships between the contracting parties shall be subject exclusively to Swiss law.
11.2. Sole place of jurisdiction for any disputes arising from this contract is Lucerne, Switzerland. Nevertheless, the purchaser is entitled to bring suit against the seller at the seller’s seat.
11.3. Place of fulfilment for all obligations arising from this contract is Kriens, Switzerland.
Kriens, 10th August 2012
Curaden Trading AG, Amlehnstrasse 22, CH-6011 Kriens