GENERAL TERMS AND CONDITIONS OF CONTRACT
General Terms and Conditions of Contract, hereinafter referred to as – „GTC“ –
in the context of purchase contracts, which are concluded via the online store
Orocan AG, Kraftwerkstr. 6,
4133 Pratteln, Switzerland,
hereinafter referred to as the „Supplier“.
the customer referred to in clause 2 of these GTC, hereinafter – „Customer“ –
1. SCOPE OF APPLICATION
1.1 For all offers, sales contracts, deliveries and services based on orders placed via the online store by consumers and entrepreneurs, the following terms and conditions shall apply exclusively in the version valid at the time of the order. The operator of this website is OROCAN AG.
1.2 For the purposes of these GTC, (i) a consumer is any natural person who concludes the contract for a purpose which cannot be attributed to either his commercial or independent professional activity (§ 13 BGB, German Civil Code) and (ii) an „entrepreneur“ is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 para. 1 BGB, German Civil Code).
1.3 The Customer‘s terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.
2. CONTRACTING PARTY, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES
2.1 The purchase contract is with OROCAN AG.
2.2 By placing the products in the online store we make a binding offer to conclude a contract for these articles. You may initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
2.3 However, the order can only be placed and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the „Accept GTC“ button and thereby included them in his order.
3. STORAGE OF CONTRACT TEXT
In the confirmation e-mail according to section 2.2 or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to the Customer by us on a reliable data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.
4. DISPATCH OF THE GOODS
4.1 We only deliver by dispatch. It is not possible to collect the goods yourself. We do not deliver to packing stations. We only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us (period between the handover by us to the transport company and the delivery to the Customer) is therefore not binding.
4.2 The following delivery restrictions apply: The provider only delivers to Customers who have their usual residence (invoice address) in one of the following countries and who can provide a delivery address in the same country: EU & Switzerland. If you do not have a delivery address in one of these countries, please contact us at email@example.com for further information.
4.3 All periods for the dispatch of the goods specified by us when placing the order or otherwise agreed upon shall commence on the day of receipt of the full purchase price (including VAT and shipping costs). The day on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.
4.4 Periods for the dispatch of the goods stated by us are always approximate and may therefore be exceeded by up to three (3) working days. If no deadline or date for shipment is specified or otherwise agreed, shipment within seven (7) working days shall be deemed agreed.
4.5 If no supply of the product selected by the Customer are available at the time of the Customer‘s order, no order is possible. In this case a contract is not concluded.
The Supplier is entitled to sell the products at any time (even if they are marked as „in stock“ in the order process), if the delivery is made against prepayment and the payment is not received by the Supplier within a period of five (5) working days after completion of the purchase. In this case, the products will be shipped within the agreed period or the period indicated by the Supplier only as long as stocks last; otherwise the order is considered cancelled. The Customer will be notified of the cancellation by e-mail.
4.6 If the Customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the Customer at the time the goods are delivered to the Customer or the Customer is in default of acceptance. In all other cases, if we are only responsible for shipment, the risk shall pass to the Customer upon delivery of the goods to the transport company.
4.7 We shall insure the goods against the usual transport risks at our expense.
5. PRICES AND SHIPPING COSTS
5.1 All prices quoted on the Supplier‘s website are subject to the applicable statutory value added tax.
5.2 Shipping costs are added to the stated product prices. The corresponding shipping costs are variable depending on the order, are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer exercises his right of withdrawal. The costs listed at the conclusion of the order are binding. International orders (Europe and worldwide) are charged according to country and weight of the delivery.
5.3 The goods will be shipped by mail. The Supplier bears the shipping risk if the customer is a consumer. If the Customer is an entrepreneur, we will send EXW commissioned logistics center supplier Incoterms 2020.
5.4 Technical changes, errors and misprints in the online store are reserved. In particular, the Supplier may make price changes at any time and without prior notice. Consulting and support services are not included in the sales prices.
5.5 When placing an order, the import and customs regulations of the respective country must be observed by the customer (both in consumer and business transactions). The Customer shall bear the risk for all consequences resulting from unauthorized shipment of goods to foreign countries, failure to comply with the import and customs regulations of foreign countries (including transit regulations), incorrect or inadequate completion of the customs declaration, the green customs slip or other accompanying documents, and failure to comply with the applicable export regula-tions. This also applies to damages incurred by the Supplier due to loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is the Customer‘s responsibility to obtain information from the customs authorities, the foreign representatives of the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
5.6 The Customer shall bear all customs duties, import turnover taxes, other taxes and similar charges.
5.7 In the event of revocation, the Customer shall bear the direct costs of return shipment.
6. PAYMENT TERMS
In our store you can choose between the following payment methods:
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of pay-ment.
6.2 Credit Card (temporary not available)
When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
7. RIGHT OF WITHDRAWAL
Every customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return policy communicated to him on our website.
8. TRANSPORT DAMAGES
8.1 The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the carrier as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
8.2 The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the ob-ligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.1 All information in our online store (product descriptions, illustrations, films, dimensions, weights, technical specifications and other informati-on) are only to be understood as approximate values and in particular do not represent any assurance of properties or guarantees.
9.2 If the delivered goods have a defect, the Customer may first demand that we remedy the defect or deliver goods free of defects. If the Customer is an entrepreneur, however, we may choose between the removal of the defect or the delivery of a defect-free item; this choice may only be made by notifying the customer in writing (also by fax or e-mail) within three (3) working days of receipt of the notification of the defect.
9.3 If the subsequent performance pursuant to 8.1 fails or is unreasonable for the Customer or if we refuse subsequent performance, the Customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. However, the special provisions of section 9 of these GTC shall apply to the Customer‘s claims for damages.
9.4 The warranty period shall be two (2) years from delivery for consumers and one (1) year from delivery for entrepreneurs.
9.5 The following applies only to entrepreneurs: The Customer must carefully examine the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the case of obvious defects within five (5) working days after delivery or (ii) otherwise within five (5) working days after discovery of the defect.
10.1 All offers are non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.