These general terms and conditions apply exclusively and form the basis of any contract for the sale of goods, services and offers of SOGLIO-PRODUKTE AG (hereinafter: SOGLIO) with any customer. They apply instead of and with priority before any terms and conditions of business to which a customer refers in his documents or which he presents.
Deviations from these terms and conditions are only valid with the explicit written consent of SOGLIO.
2. conclusion of contract
The contract between the buyer and SOGLIO is only concluded when SOGLIO accepts the customer’s order. The customer’s order is placed online on the website of SOGLIO, by phone, fax or in writing.
All prices quoted on the Internet and on the order cards are non-binding. We reserve the right to make price adjustments and product changes without prior notice and without giving reasons. Decisive are the prices on the offer accepted by SOGLIO or the order confirmation issued by SOGLIO. Should there be changes in the course of an order processing due to price surcharges, additional fiscal charges, customs duty increases or strong currency fluctuations, SOGLIO reserves the right to adjust prices accordingly. In this case the customer will be informed immediately.
Unless VAT is explicitly stated, all prices are quoted without VAT and comparable taxes and duties; these are to be borne by the customer.
Shipping costs and possible handling charges are shown separately in SOGLIO’s invoice, unless they are included in the price of the products. Partial deliveries with corresponding separate invoices are possible. In this case the shipping costs are only charged once.
PAYMENT AND DELIVERY
4. terms of payment
Payments are usually made by invoice and are due for payment within 30 days of the invoice date. If this period expires unused, the customer is in default without further reminder, which results in an annual interest rate of five percent. As a rule, the invoice is sent with the delivery of the goods. SOGLIO can demand partial or full advance payment, especially if there is no business relationship with the customer yet or if there are other reasons which make it necessary to secure the payment by the customer. If the customer’s financial situation deteriorates considerably in the course of the business relationship so that SOGLIO’s claim for payment is at risk, SOGLIO is entitled to make the further fulfilment of the contract dependent on the payment of the due invoices.
The customer is only entitled to set off claims against SOGLIO with regard to undisputed claims or claims which have been legally and bindingly awarded to him.
SOGLIO dispatches the goods offered on the internet exclusively within Switzerland. If you are interested in deliveries to the EU, please contact SOGLIO (Deutschland) GmbH: www.soglio-produkte.de.
The shipping costs are CHF 9.50 per order. On request the dispatch by PostPac Priority is possible. In this case the shipping costs amount to CHF 11.50 per order. In exceptional cases, higher shipping costs must be charged.
Delivery is subject to the availability of the products. Delivery times and dates are only binding if they have been expressly agreed with the customer in writing and described as binding. Otherwise, delivery times and dates shall only be considered as notification and do not imply a definitive commitment to a fixed or due date.
In the absence of an order confirmation to the contrary, the goods will generally be dispatched 2 working days after receipt of the order. If a delivery does not reach the customer within 10 days, the customer will contact SOGLIO. If the delivery of an individual product is delayed by more than three weeks beyond the expected delivery date, the customer has the right to cancel the delivery of the respective product in writing. Any further claims of the buyer resulting from delayed delivery or from assertion of the cancellation are expressly excluded. SOGLIO is entitled to call in vicarious agents, especially third party suppliers and their affiliated companies at any time.
THE SMALL PRINT
7. transfer of risk
The risk of loss of or damage to the Products shall pass to the Customer after the Products have been handed over to the Customer in person or to the Swiss Post or another transport company. Transport is at the risk of the Customer.
8. retention of title
All delivered goods remain the property of SOGLIO until they are fully paid. If a customer is in default with the payment of the purchase price, SOGLIO is entitled to withdraw from the contract by means of a declaration of withdrawal and to demand the handing over of the delivered goods.
The customer shall inspect the products after their delivery and shall notify us in writing of all obvious defects, in particular wrong deliveries, deviations in quantity and other recognisable defects immediately, but no later than 10 days after receipt of the goods. The customer also notifies SOGLIO in writing of all hidden defects within 10 days after their discovery. Hidden defects can be notified in writing at the latest two years after receipt of the goods. All notifications of defects must, as far as reasonable for the customer, contain a description of the problem as detailed as possible. Late, insufficient and unfounded notices of defects release SOGLIO from any warranty obligation.
Returns will only be accepted after prior consultation and including all accessories and with an enclosed copy of the invoice. The customer is responsible for the professional transport. The shipping costs are at the customer’s expense. SOGLIO decides at its own discretion whether a defective delivery will be repaired or replaced completely or partially. The aforementioned scope of warranty is final. Any further warranty of SOGLIO is therefore explicitly excluded. In particular, SOGLIO is not liable for direct or indirect damage.
10. statute of limitations
The period of limitation for warranty claims is one year – subject to conditions deviating from legal regulations which take precedence over the provisions of these GTC’s – and begins with the delivery of the products.
Please contact us if you are interested in reselling the products of SOGLIO. Without the written consent of SOGLIO it is not allowed to trade with SOGLIO products.
12. data protection
13. liability for technical problems
SOGLIO disclaims, within the limits of the law, any liability for damages resulting from temporary or permanent technical problems and/or failures in the operation of its website, e-mail traffic or other technical equipment.
14. applicable law / place of jurisdiction
These terms and conditions as well as the transactions carried out through the website of SOGLIO are exclusively subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Convention / CISG).
Place of performance is Castasegna, Bregaglia / CH.
To the extent permitted by law, Castasegna, Bregaglia / CH shall be the exclusive place of jurisdiction for both parties.
15. final provisions
The customer may not transfer rights and obligations under this agreement to third parties.
In case of doubt, the version of the terms and conditions in German shall be authoritative and shall take precedence over any other language versions.
These terms and conditions replace all previous agreements and terms and conditions between the parties.
CH-7608 Castasegna, 25.05.2018