GTC General Terms and Conditions
Date: August 2023
These are the General Terms and Conditions (GTC) of:
Contact
W. Schneider+Co AG
Büntenrietstrasse 12
CH – 8890 Flums
Tel.: +41 81 552 25 25
Email: info.ch@wschneider.com
Commercial register of the canton of St-Gallen;
Commercial register no. CHE-103.177.836
Registered office: CH-8890 Flums
VAT number: CHE-103.177.836 VAT
Chief Executive Officer: Daniela Koch
1. Scope of application
1.1 These GTC apply to the entire business relationship between W. Schneider+Co AG, and/or W. Schneider GmbH respectively (hereinafter Schneider) and the customer. Schneider, as used here, means the following:
W. Schneider+Co AG, with registered office in 8890 Flums, Büntenrietstrasse 12, Switzerland, for all clients apart from clients in Germany; commercial register for the canton of St. Gallen; UID: CHE-103.177.836
W. Schneider GmbH, with registered office in 67307 Göllheim, Ruhweg 17-19, Germany for clients in Germany
VAT no.: DE 142 69 51 18 / Tax no. 44/671/10503
1.2 Within the meaning of the aforementioned GTC, Customers are both consumers and businesses. Consumers are to be understood as any natural person with whom a business relationship is concluded and who trades with a purpose that cannot be attributed to their commercial or to their independent professional activity. Within the meaning of these GTC, businesses are any natural person or legal entity or a partnership having legal capacity, with whom a business relationship is concluded and who trades as part of their commercial or independent professional activities.
1.3 Schneider offers goods primarily in the area of mirror cabinets and illuminated mirrors. Our offers, sales and deliveries are subject exclusively to the following conditions. Any contrary conditions of the customer are legally invalid upon the conclusion of business with us or upon receipt of our deliveries and services as we expressly object to them here. Verbal notifications and communications require our written confirmation in every case. Our representatives are not mandated or authorised to conclude legal agreements.
1.4 Storage of and viewing options for the text of the contract
1.4.1 The GTC can be viewed at any time by clicking on the page entitled "GTC" on our website. You have the option here of using the functionality of the browser to save or print the GTC.
2 Offer and conclusion of the contract
2.1 The products and services set out in price lists, advertisements or on the website are non-binding and do not represent a binding offer from Schneider. The aim of the offers is rather an invitation to the customer to make Schneider a binding offer. In addition, Schneider is entitled to only offer and/or sell selected products to specific customers (customer groups), to customers only from specific countries or to a limited number to customers as it sees fit.
2.2 With the order, whether it is placed by phone, in writing or electronically, the customer declares his binding contractual offer. Schneider will immediately confirm receipt of this order. If this is not the final acceptance of the order, it can be made conditional upon the confirmation of acceptance.
2.3 Schneider is authorised to accept the customer's contractual offer within three working days following receipt. Acceptance can be made either through express notification or by delivery of the goods. Order confirmations are only issued upon request.
2.4 Schneider does not accept any procurement risk and reserves the right to release itself from the duty of performance of the contract in the case of incorrect or improper delivery by the supplier. The responsibility of Schneider for gross negligence or wilful intent pursuant to the liability regulations of these GTC pursuant to §7.7 "Liability" remains unaffected by this. Schneider will inform the customer immediately in the case of the non-availability or the partial availability of the service and can cancel the whole or part of the corresponding order and/or cancel the contract. In the case of the cancellation of the contract, Schneider shall reimburse the customer immediately. In this case the customer has no entitlement to a delivery of the ordered goods or the performance of the corresponding service. If a purchaser exceeds his credit limit with an order, Schneider is released from its duty to deliver.
2.5 In the case of international customers, the following special regulations apply:
2.5.1 If customers purchase Schneider's goods from countries outside of Switzerland and the Principality of Liechtenstein and if these goods are then marked "for collection" at the collection points specially designated by Schneider, Schneider will set out the relevant VAT for this country and deduct it. The same applies if a customer mandates a third party from an international country of delivery (e.g. freight carrier) with the collection of the goods from Schneider's collection point.
2.5.2 If the customer subsequently takes the goods to another country, Schneider can enforce the reimbursement of the originally invoiced VAT. In addition, the following special regulations apply with regard to Schneider's liability and warranty obligations. Warranty claims (damages, cancellation, abatement) as well as guarantee claims are excluded, if the customer does not return the goods that he has taken abroad to Schneider in Switzerland. The goods must be deposited at Schneider's collection point.
2.5.3 Schneider does not provide customers with its own customs number for the goods that are to be transported abroad.
3 Product information and copyright
3.1 The information in our sales brochures (drawings, pictures of products, illustrations or other figures) are to be understood to be only a guide and do not act as any guarantee of the features, unless they are specifically given as such in writing.
3.2 Schneider makes every effort to provide high quality product information. Technical changes, errors and printing mistakes remain reserved. Any liability in connection with our offer (in particular, incorrect images, texts or prices) and with our delivery is excluded, insofar as this is admissible by law.
3.3 Schneider has the exclusive right of use for all product information. All texts, images, graphics, illustrations, video and animation files are subject to copyright law and other laws pertaining to the protection of intellectual property. Without the prior authorisation by Schneider and/or the corresponding copyright holder respectively, no contents from this page may be copied, distributed or published whatsoever.
3.4 Schneider does not accept any liability for the contents of external websites and linked online shops.
4. Prices, delivery and shipping costs
4.1.The prices and conditions applicable of the day of delivery shall apply, insofar as fixed prices and/or fixed conditions have not been agreed in writing.
4.2 Price changes that Schneider introduces following the acceptance of the customer's contract offer are not taken into account.
4.3 Prices are always quoted exclusive of VAT and prepaid recycling fees (VRG), plus value added tax.
4.4 The delivery and dispatch costs as well as the ancillary costs (for example packaging costs, surcharges for certain payment means, transport guarantees, services performed and installation fees) are not included in the purchase price but are listed separately and can be separately invoiced. Therefore when shipping goods both within Switzerland and abroad, costs are fundamentally incurred that the purchaser has also to meet and that are determined based on the specific product description and the information on shipping, or else further details on the calculation of the costs is given. The shipping costs per order fundamentally relate to one delivery, unless specified otherwise. It is possible to have partial deliveries which will be subject to additional costs.
5. Payment conditions
5.1. Invoices must be paid net within 30 days of the date of the invoice, unless a different deadline has been agreed. The date of receipt by Schneider is decisive.
5.2. Cheques are only accepted as a conditional payment and are only considered as payment once they have been cashed. In the case of purchases with debit and credit cards the card is debited at the time of the order. In the case of payment with debit and credit cards the data are transferred in encrypted form.
5.3. Schneider can exclude certain means of payment in general or for individual customers without further justification. In addition, Schneider is authorised to levy a surcharge for certain methods of payment, since additional costs, so-called payment method fees, can be incurred depending on the payment type.
5.4. Customers may be given the option to pay in instalments or cash with order. For buyers who are unknown to us and those that make late payments, deliveries will on be made on an advance payment basis. In the case of cash with order, the delivery is only to be made once the corresponding payment has been received by Schneider. The requested products cannot be reserved during this time. If there are limited stocks available it is possible that it will no longer be possible to deliver the products immediately once the order has been triggered. In such a case Schneider will notify the customer of the new provisional delivery date. Any claims for damages on the part of the client are excluded. If payment has not been received by Schneider within five calendar days, the vendor may withdraw from the contract.
5.5. Schneider can carry out a credit worthiness check without prior permission, insofar as this is required to protect the justified interests of Schneider and it is not contrary to the interests of the customer that are worthy of protection. Schneider is entitled to pass customer data to third parties for the aforementioned purpose.
5.6. Default of payment
5.6.1 Once the deadline has expired without payment having been made the customer is deemed to be in default without any further correspondence from the vendor. In the case of default of payment, default interest is charged at the standard bank rate as of the date of the first reminder.
5.6.2 All payments become due immediately the customer becomes in default of payment, if he culpably does not comply with other major contractual obligations or if Schneider become aware of circumstances that are liable to reduce the creditworthiness of the customer, in particular the cessation of payment or pending settlement or bankruptcy proceedings. For the duration of the default period Schneider is authorised to withdraw from the contract at any time, to demand the return of the goods delivered, to hold back outstanding deliveries or to only carry them out against advance payment or securities. Schneider retains the right to claim damages due to the cancellation of the contract or to claim a verifiably higher default loss.
6. Supply and dispatch conditions
6.1 Delivery is fundamentally carried out on a cost basis, i.e. at the expense of the purchaser, by letter or parcel post, freight or own vehicle, unless otherwise expressly agreed.
6.2 Deadlines and delivery dates are not binding and are deemed to be merely a guideline, unless other terms have been agreed in writing. The delivery times given will be adhered to as far as possible. Claims for damages due to delayed or non-delivery due to impossibility are limited to cases of wilful intent and gross negligence. The delivery lead times shall start following order clarification. Partial deliveries are possible. The setting of specific delivery times and delivery dates by Schneider is subject to correct and timely deliveries to Schneider by suppliers and manufacturers.
6.3 The customer shall ensure that his full and correct address has been given with his order. If additional costs should be incurred for the shipment due to missing address data, for instance resulting from re-dispatch, the customer must reimburse such costs.
6.4 Delay in acceptance
6.4.1 If the purchaser refuses to take possession of the goods at the end of a grace period that has been granted, or if he states that he does not want to accept them, Schneider can refuse to fulfil the contract and demand damages due to the non-fulfilment of the contract. Schneider is entitled to choose damages either in the form of a fixed rate of 25% of the agreed purchase price or compensation of the actual costs incurred from the purchaser.
6.5.2 Any amounts that have already been paid by the customer will be refunded less the costs that have been incurred, for which Schneider will invoice the customer. In addition, costs for the inconvenience caused may be charged. The customer does not have any further claims.
6.5 Transfer of risks
6.5.1 If the customer is a business, the risk of the accidental loss or the accidental deterioration of the goods shall be transferred to him as soon as the goods are surrendered to the person in charge of their transport.
6.6.2 In the case of consumers the risk of the accidental loss or the accidental deterioration of the goods for mail-order purchases is transferred with the handover of the purchased goods to the consumer.
6.6.3 If dispatch is delayed or made impossible through no fault of our own, the risk is transferred to the purchaser once he is notified that the goods are ready for dispatch. Individual agreements regarding the payment of the transport costs by Schneider have no influence on the transfer of risk.
6.6.4 The risk transfer remains the same even if the customer delays acceptance.
7. Warranty
7.1 The customer hereby undertakes to inspect the goods delivered/collected for correctness, completeness and intactness. In the event of transport damage, the customer shall support Schneider to the best of his ability if claims have to be enforced against the relevant transport company and/or transport insurance.
7.2 Complaints and visible damage to the goods must be reported in writing within five days following receipt of the goods and before they have been used, otherwise all warranty claims are excluded. Notification of defects must be made in written form, i.e. by letter, or email to Schneider. The timely sending of the defect notification is sufficient for compliance with the deadline. This does not apply to defects that cannot be identified in the course of a reasonable inspection (hidden material defects). In the case of justified complaints we shall provide a replacement or grant the right to repair. Warranty claims vis-à-vis Schneider are granted to the immediate purchaser only and cannot be assigned.
7.3 If the repair is unsuccessful, the customer can request, according to the statutory regulations, a reduction in the purchase price, or declare his withdrawal from the contract and request damages or the reimbursement of unnecessary expenses. If he requests the payment of damages or the reimbursement of unnecessary expenses, Schneider shall be liable pursuant to §7.7 "Liability" of these conditions.
7.4 If the customer is aware that the goods are not faulty and/or that the fault cannot be the responsibility of Schneider but he nevertheless exercises his warranty rights, either through wilful intent or gross negligence, he is obliged to reimburse Schneider any costs that are incurred by an unjustified request for fault rectification.
7.5 The products sold be Schneider must be assembled exclusively by appropriate specialist companies and not by laymen. if the products are not assembled and/or used correctly, any claims from a (manufacturer's) guarantee are excluded. Liability and/or a warranty for faults or defects that are the result of incorrect assembly and/or incorrect use of the product sold cannot be accepted. This also applies if the the fault is due to storage or access by third parties or the opening of equipment. Liability for indirect or consequential damage that results from the use, mistaken use or performance failure is excluded.
7.6 If our operations or maintenance instructions are not followed, if changes are made or parts exchanged or supplies are used that do not comply with the original specifications, all liability shall be excluded, to the extent that the fault is a result of this. Minor discrepancies from the assured features in the goods do not trigger any warranty claims. Liability for normal wear and tear as well as consumable supplies or equipment is excluded.
7.7 Liability
7.7.1 According to the statutory provisions Schneider is liable without limitations for any damage to life, body or health that is the result of the wilful or negligent violation of duty as well as for other damage that is the result of the wilful or grossly negligent violation of duty as well as fraudulent intent. In addition, Schneider is liable without limitations for damage that is included in liability according to the statutory provisions, such as the product liability law, as well as in the case of the acceptance of guarantees.
7.7.2 Schneider shall be liable for such damage that is not included in §7.7.1 and that was incurred due to simple or minor negligence, insofar as this negligence concerns the violation of contractual duties the fulfilment of which is required for the proper performance of the contract and compliance with which the customer can assume as a matter of course (so-called cardinal duties). However, Schneider's liability is limited to foreseeable damage that is typical for the contract.
7.7.3 In the case of minor negligent violations of such contractual duties that are not included in §7.7.1 or §7.7.2 (so-called fundamental contractual duties) Schneider shall be liable vis-à-vis the consumer, but this shall be limited to foreseeable damage that is typical for the contract.
7.8 Copyright / software guarantee
7.8.1 Insofar as software is part of the delivery this shall be given to the purchaser for resale once and/or for his own use, i.e. he may not copy said software or make it available for use by others. Software is excluded from all the guarantee provisions on the forms. The provisions in the manufacturer's licensing agreement shall apply exclusively.
7.9 Further claims, in particular claims for damages due to the impossibility of performing the service, a violation of the contract, culpability at the conclusion of the contract and unauthorised action are excluded both vis-à-vis us and also vis-à-vis our performing and/or vicarious agents, unless said damages are due to the wilful or grossly negligent violation of the contract on our part.
8. Retention of title
8.1 All the goods delivered remain our property (reserved goods) until all our accounts receivable, for whatever legal reason and in particular the outstanding balance, have been fully paid, even if payments for specially designated accounts receivable have been paid. The customer hereby undertakes to handle the goods with care for as long as these remain the property of the vendor.
8.2 As long he is not in arrears, the customer may sell the reserved goods in the normal commercial way and in accordance to his commercial requirements, He is authorised to resell the reserved goods within the scope of ordinary business activities and only on the condition that the receivables arising from the resale are assigned to us. He is not entitled to any other disposals over the reserved goods.
8.3 The Customer's claims or receivables arising from the resale of the reserved goods are hereby assigned to us, irrespective of whether they were sold to one or several buyers.
8.4 For the case that the reserved goods should be sold by the buyer together with other goods not belonging to us, the claim to the selling price assigned shall not exceed the invoice value of the reserved goods sold. The customer is authorised to accept receivables from the re-sale until revoked by us; such revocation is permitted at any time. The customer shall under no circumstances be authorised to any other assignment of the claims. At our request he is obliged to notify his buyers of the assignment to us and to provide us with the necessary information and documents for collection. If the value of existing securities provided to us exceeds our receivables by more than 20% overall, we are obligated to release the securities, the selection of which is at our discretion, at the request of the customer. The customer shall notify us of a pledge or other impairments by third parties without delay.
8.5 Schneider is authorised to have a corresponding reservation entered in the register for the reservation of title.
8.6 Subject to mandatory national law.
9. Guarantee
9.1 As well as the warranty for material defects there is a guarantee of 2 years for any hidden defects, and a guarantee of 5 years for LED lights, calculated from the date of delivery, unless other terms have been expressly agreed in writing, insofar as there are no grounds for exclusion. Grounds for exclusion include damage caused by the elements, damp, impact or fall, normal wear and tear (for example broken cables), handling errors, damage caused by third parties, unprofessional handling, use of non-approved replacement parts as well as changes or modifications to the product.
9.2 The guarantee includes the delivery of replacement parts for the defective goods with the exclusion of consequential damage, exchange costs and damages of any kind. All claims lapse at least six months following the expiry of two years. The requirement for the guarantee to be granted is:
- The fault must be due to a material or fabrication fault.
- The product must have been assembled and used professionally and correctly and it must have been properly connected to the electricity supply.
- The control numbers for our products must not be removed or concealed in any way, in order to guarantee faultless proof of delivery.
Electrical components and FL lamps as well as parts liable to wear and tear are excluded from this guarantee.
9.3 Schneider is responsible for deciding on the way in which the fault will be rectified. There is no entitlement to a replacement product during the repair time or until the exchange product has been delivered. The defective product or the parts that have been replaced are the property of Schneider.
9.4 If it is found that the product does not have a fault or that the fault is not covered by the guarantee, the return of the product shall be at the customer's risk and expense. In addition, costs for the inconvenience caused may be charged.
10. Returns
10.1 Returns must be agreed in advance with the supplier. Unless they have been agreed, returns will not be accepted. Returns must be complete, i.e. with all the accessories, in a faultless condition and in the original packaging and must in all cases be carriage paid, they must be accompanied by a delivery note on which the original delivery or invoice number is clearly marked. If the original packaging is no longer available the product must be packaged suitably for transport. Sealed or vacuum-packed products may only be returned if they have not been opened. No seals may be broken.
10.2 Returned products that are sent to the wrong address or the return of which has not been agreed in advance and/or the packaging of which is sub-standard or some accessories are missing can be returned to the customer by Schneider. Costs for the inconvenience caused may be charged.
10.3 No new warranty periods enter into force through the exchange of parts, components or whole pieces of equipment. The warranty is restricted exclusively to the repair or the exchange of the faulty object that was delivered. When sending equipment to be repaired the customer must ensure that he has copies of all the documents included with it as these might get lost during the repair work.
10.4 If it is found that a product that has been returned is no longer under warranty, a quote for the anticipated cost of repair will be created after consultation. This will be sent to the customer with a maximum flat-rate fee of CHF 50. If the customer decides to go ahead with the repair, the flat-rate fee for the quotation will be credited. If the customer does not respond to the quotation the product will be disposed of.
10.5 Schneider shall decide on the (partial|) reimbursement of the purchase price for a return once it has carried out a thorough inspection of the returned goods. A maximum of 45% of the original invoice price is credited for returned products that are in perfect condition. Custom-made products as well as discontinued models and opened software cannot be returned. Cash repayments are excluded. In addition the following conditions apply for returns:
Condition of the packaging | Condition of the goods | Refund value |
Unopened | Unused products in original packaging, seals intact, standard accessories returned in full | Max. 45% of the value of the goods is refunded |
Opened |
| Max. 45% of the value of the goods is refunded |
Opened with signs of use, incomplete or damaged products, custom-made products, discontinued products (phased out)
|
| Unfortunately in this case we cannot make any refund
Unfortunately in this case we cannot make any refund |
11. Cancellation policy
Consumers [with residence in the EU] have a cancellation right in accordance with the legal provisions relating to purchased goods and pursuant to the following:
Right of cancellation of goods
You have the right to cancel this contract within fourteen days without giving any reasons.
The right of cancellation lasts for fourteen days from the day
- you, or a third party named by you, who is not the freight carrier, took possession of the item(s), if you ordered one item or several items in the same consignment and the item(s) was and/or were delivered together;
- you, or a third party named by you, who is not the freight carrier, took possession of the last item, if you ordered several items in the same consignment and the items were delivered separately;
- you, or a third party named by you, who is not the freight carrier, took possession of the last partial delivery or the last item.
If several of the aforementioned alternatives apply, the cancellation period shall start when you, or a third party named by you, who is not the freight carrier, took possession of the last partial delivery and/or the last item.
If you wish to exercise your cancellation right you must inform us by means of a clear declaration (e.g. a letter sent by post or email) regarding your decision to cancel this contract.
In order to comply with the cancellation period, it is sufficient if you have sent your notification of cancellation before the expiry of the right of cancellation period.
Consequences of cancellation
If you cancel this contract we must reimburse you all the payments that we have received from you, including the delivery costs (with the exception of additional costs that were incurred due to the fact that you wished for a delivery that was different to our most cost-effective delivery offered) immediately and within fourteen days from the date of receipt of your notification of cancellation. We shall use the same payment method for this repayment that you used for the original transaction, unless something different has been expressly agreed with you; in no circumstances will you be charged for the repayment.
We can refuse repayment for goods that can be sent as packages until we have received the goods or until you have proved that you have returned the goods, depending on which is the earlier point in time.
You must return the goods that can be sent as a package or that can be handed over immediately and in every case within fourteen days following the date when you informed us of the cancellation of this contract. The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period. You must pay the costs for returning the goods.
You are only liable for any loss of value in the goods if this loss of value results from extra handling other than what is necessary to ascertain the nature and functioning of the goods.
The right of cancellation does not apply to distance contracts
- for the delivery of goods that are not prefabricated and for the manufacture of which the consumer had to make an individual choice or determination or which were clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can quickly spoil or that are very close to their best-before date.
The right of cancellation lapses prematurely in the case of distance contracts
- for the delivery of sealed goods that are not suitable for return due to health or hygiene reasons if their seal has been broken after delivery;
- for the delivery of goods if these are inseparably mixed up with other goods following delivery due to their nature.
12. Final provisions
12.1 BIn the case of any ambiguities and/or contradictions between the German, French, Italian or English versions of these GTC, the German text exclusively is decisive.
12.2 If a certain provision in these GTC should be declared invalid or unenforceable by a competent court, this shall not affect the validity of the remaining provisions of these GTC. If a certain provision in these GTC should be declared partially invalid or unenforceable, the provision shall remain in force insofar as it is valid and enforceable.
12.3 These GTC can be amended at any time (for example, following a change in the law), whereby the current version will always be available at www.wschneider.com. If there is a major change in the law, registered customers can also be notified of the new provisions.
13. Applicable law / court of jurisdiction
13.1 Substantive Swiss law shall exclusively apply with the express exclusion of the federal legislation on international private law (IPRG) as well as the United Nations Convention on the International Sale of Goods. The court of jurisdiction for any disputes arising directly or indirectly from this contractual relationship is exclusively at the headquarters of Schneider in Flums.