General terms and conditions
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.
2.1 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.
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.
7.1 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
- slight negligence
- indirect and consequential damages and loss of profit
- unrealised savings
- damages resulting from delay in delivery as well as
- 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.
9.1 Payment options
9.2 Default in payment
9.3 Retention of title
10. Modification of the order or cancellation
11. return of goods free of defects
12. Repair outside the warranty
13. data protection
14. partial invalidity
15. Jurisdiction and applicable law
16. Copyright notice