General terms and conditions

General terms and conditions

October 2020

1. Scope of application

The General Terms and Conditions of Business (hereinafter referred to as “GTC“) apply to all legal transactions concluded via the online shop and operated by OT-Shop GmbH. (hereinafter referred to as “OT-Shop“).

The offer of products and services in the online shop, explicitly also within the framework of the dealer programme (hereinafter referred to as the “Offer“), is aimed exclusively at customers with their place of residence or company headquarters in Switzerland or Liechtenstein.

Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

The offer is valid as long as the product can be found via the search engine in the online shop and/or as long as stocks last.

2. Information

2.1 Product and price

Images of products in advertisements, brochures, online shop, etc. are for illustration purposes and are not binding.

All sales prices published in the online shop are exclusive of VAT.

2.2 Availability and delivery time

OT-Shop attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, due to production or delivery bottlenecks in particular, there may be delays in delivery both at OT-Shop itself and at retailers. All information on availability and delivery times is therefore without guarantee and may change at any time.

3. Conclusion of contract

The products and prices in the online shop are deemed to be an offer. However, this offer is always subject to the condition that the contract is dissolved if delivery is not possible or the price is incorrect.

The purchase contract for products or services is concluded with the OT Shop as soon as the customer places his order in the online shop, by telephone or by e-mail (hereinafter referred to as the “purchase contract”).

The arrival of an online order shall be notified to the customer by means of an automatically generated order confirmation sent by OT-Shop to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with OT-Shop has therefore been concluded, subject to the possibility of delivery and the correct price being quoted.

4. delivery date

The customer will be informed of a provisional delivery date with the order confirmation or the customer will be contacted and an individual delivery date agreed.

If OT-Shop is in default of delivery, the customer shall be entitled to withdraw from the contract (except in the case of special orders) from the 30th calendar day after the originally announced delivery date. In this case, OT-Shop shall refund to the customer any amounts already paid in advance. There shall be no further claims against OT-Shop or the retailer.

5. Delivery 

For OT-Shop products and services, the customer may choose any of the delivery options listed in the online shop under “Delivery and collection”.

Products and services purchased by the customer from a retailer can only be delivered to the customer by mail order.

The customer’s delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer shall bear any additional costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, OT-Shop may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.

If the customer does not collect the products ordered from a branch (branch collection) within 14 calendar days of the products being ready for collection from the branch, OT-Shop may dissolve (cancel) the contract.

6. Duty of inspection

The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.

In the case of deliveries by forwarding agents, any delivery damage must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries, including for all products and services, must be reported to OT-Shop within 5 calendar days from the time of collection or delivery. The customer is aware that such a report must be made via the personal customer account in the online shop under the heading “Return and guarantee”. The customer may not put such a product into operation. They must keep it in its original packaging as received and follow the instructions of the return process under “Return and warranty” in their personal customer account.

7. Warranty

7.1 Basic provisions

OT-Shop guarantees that the product ordered will be free of defects and functional for a period of 2 years after delivery or store collection. The warranty period shall continue to run irrespective of the provision of any warranty services. OT-Shop can extend the guarantee by

  • free of charge repair (original warranty period continues on all products);
  • partial and complete replacement by an equivalent used/repaired product. (in case of replacement in the 1st year of warranty the original warranty period continues, in case of replacement in the 2nd year of warranty the warranty period is 1 year from the date of replacement); 
  • Replacement with a new product by OT-Shop (new warranty period of 2 years from the date of replacement).

All further and in particular the statutory warranty provisions are excluded.

8. Liability and exclusion of liability

Liability is governed by the applicable statutory provisions. However, OT-Shop shall in no case be liable for 

 

  1. slight negligence
  2. indirect and consequential damages and loss of profit
  3. unrealised savings
  4. damages resulting from delay in delivery as well as
  5. any acts and omissions of the auxiliary persons of OT-Shop

whether contractual or non-contractual.

Furthermore, OT-Shop shall not be liable in the following cases:

  • improper, non-contractual or unlawful storage, adjustment or use of the products;
  • use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improper modification or repair of the products by the customer or a third party;
  • force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which OT-Shop is not responsible, and official directives.

9. Payment

9.1 Payment options

All claims for payment for products and services purchased via OT-Shop’s online shops shall be asserted by OT-Shop directly against the customer. Upon conclusion of the purchase contract, the merchant assigns to OT-Shop the entire payment claim arising from the purchase contract between the merchant and the customer (assignment). The customer acknowledges this assignment and is obliged to make all payments exclusively to OT-Shop.
Payments must be made in Swiss francs.
The customer may use the payment options offered in the online shop under “Payment options”.
The current payment method charges, which may be levied by OT-Shop, can be seen under “Payment options” and are shown in detail in the order process.
 
If payment is made by credit card or other instant payment methods, the charge will be made when the order is placed.
 
In the case of payment in advance, delivery will not be made until payment has been received. The products in OT-Shop’s central warehouse are reserved until the payment period of at least 19 calendar days has expired. This also applies to products that are first ordered externally but processed and shipped via our warehouse.
 
In the case of products which are delivered to our customers by direct delivery from a dealer or from an external distributor, the external order will only be placed after receipt of payment. 
 
In the case of a chargeable purchase on account (only permitted for products and goods from OT-Shop), the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly.
 

9.2 Default in payment

If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to OT-Shop under any title shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and OT-Shop shall be entitled to claim these immediately and to cease further deliveries of products to the customer.
 
OT-Shop will charge a handling fee of CHF 5 for the 2nd reminder and CHF 20 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company commissioned to collect payment. In this case, an additional annual percentage rate of interest of up to 8 % may be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
 

9.3 Retention of title

Products ordered remain the property of OT-Shop or the merchant until full payment has been made to OT-Shop. OT-Shop is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, processing or transformation is not permitted without the express consent of OT-Shop.
 

10. Modification of the order or cancellation

Orders oblige the customer to accept the products and services. OT-Shop may accept subsequent changes or cancellations of orders by the customer at its own discretion and charge a handling fee of 20% of the cancelled order value, but at least CHF 60, as well as any loss in value of the cancelled products since they were ordered.
 
If a (partial) delivery impossibility (resolving condition) occurs after an order or the conclusion of a contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be released from the obligation to pay. Further claims due to delayed delivery or failure to deliver are excluded. 11.
 

11. return of goods free of defects

OT-Shop grants the right to return ordered products within a maximum of 30 calendar days under the conditions listed in the return policy.
 
If customers exercise their right to return goods, OT-Shop shall refund the full purchase price minus any surcharge for small quantities paid and the return costs listed in the return policy. 
 

12. Repair outside the warranty

The costs for a repair outside the warranty pursuant to section 7 shall be borne by the customer. 
 

13. data protection

The privacy policy applies to the processing of personal data by OT-Shop.
 

14. partial invalidity

Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
 

15. Jurisdiction and applicable law

All legal relations between OT-Shop and its customers shall be governed by Swiss substantive law. 
The following exclusive places of jurisdiction apply:
For all claims arising from sales contracts, the place of jurisdiction for all actions brought by consumers shall be their place of residence. 
 

16. Copyright notice

All rights, namely copyrights, to these GTC are held by OT-Shop.
Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of OT-Shop. OT-Shop reserves the right to take all legal steps in the event of a breach of this provision.

October 2020