1. applicability and scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Zerbus GmbH (hereinafter referred to as “Zerbus Gmbh”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for products (hereinafter referred to as “products” or “goods”) purchased via our website www.bluttrasur.ch (hereinafter referred to as “online store” or “website”).
The Online Shop is operated by:
Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer will not be recognized.
Zerbus GmbH reserves the right to change these GTC at any time. All amendments shall become effective upon publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is the date of submission of the binding order to us when purchasing a product.
2. conclusion of a sales contract
The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the clientele to order the product in the online store. Zerbus GmbH expressly reserves the right to change the products themselves as well as the contents, such as pictures, assortment, prices and the descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on Zerbus GmbH.
The customer can place a binding order for the products he has selected via our online store. The customer can place the products he selects in the “shopping cart”. This is not yet considered a binding order. An order shall only be deemed to have been bindingly placed when the customer clicks on the “order subject to payment” button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail serves only as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation.
Upon acceptance of the order, a binding purchase contract with the customer is created. This acceptance takes place through the shipment of the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
3. availability and reservation of performance for non-deliverable products
All information about the availability, shipping and delivery of a product is preliminary information and approximate. They do not constitute binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.
Our products are available as long as our stocks last. If Zerbus GmbH discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the products that are not available will not be concluded, as the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
4. prices and shipping costs
Our products and prices are the same as those indicated on the website. All prices are quoted in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all additional and shipping costs, will be displayed at the end of the order process. When shipping to countries outside of Switzerland, additional customs fees as well as handling costs may apply. These are not included in the price and must be paid by the customer or recipient.
With the binding order you declare that you agree with the total price for the ordered products. After the binding order, the price can no longer be adjusted.
Zerbus GmbH reserves the right to change the prices at any time. The products are charged on the basis of the prices offered at the moment of placing the binding order.
5. terms of payment/credit assessment
Orders are generally due for payment immediately.
The customer has the option to pay using the means of payment displayed on the website or during the order process. These may change from time to time as well as country-specific. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk only those according to the respective credit rating). Zerbus GmbH is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
By selecting the means of payment, the customer authorizes payment either by entering credit card data or access data of a payment service provider. The customer authorizes Zerbus GmbH to collect payments in the corresponding way. In the event of chargebacks, Zerbus GmbH shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Zerbus GmbH shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
In case of payment by invoice, the customer will receive the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, Zerbus GmbH is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with collection as well as the statutory interest on arrears. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.
6. delivery conditions
In principle, delivery is made via the delivery service of the Swiss Post AG. For deliveries to the EU and the rest of the world, the following delivery services are used: Swiss Post AG, Asendia by La Poste & Swiss Post or couriers such as DHL, FedEx, UPS, TNT. The desired delivery service can be defined during the ordering process. The costs incurred must be paid in advance by the buyer. You can use the shipment number to track the current location of your order.
If the products are marked as out of stock when the order is placed, Zerbus GmbH will make every effort to deliver the products as soon as possible. Zerbus GmbH will make every effort to meet the stated delivery times. However, Zerbus GmbH shall not be responsible for delays in delivery, regardless of their cause. We will inform you immediately of any delivery delays that occur.
7. retention of ownership
Zerbus GmbH remains the owner of the delivered products until they have been paid for in full.
8. notice of defects/warranty
Zerbus GmbH warrants that the goods comply with the warranted characteristics and do not have any defects impairing their value or their suitability for the intended use.
Upon receipt of the products, the customer shall immediately inspect them for correctness, completeness and any damage. Defects or damage must be reported to Zerbus GmbH within 5 working days. Defects which could not be discovered during a proper inspection and which only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the goods shall be deemed to have been approved and you shall no longer be entitled to assert any claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects shall apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the buyer’s own fault.
The customer’s warranty claims are limited to replacement delivery or elimination of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. Zerbus GmbH shall decide on replacement delivery or rectification of defects at its own discretion. If subsequent delivery or rectification fails, the customer shall be entitled to withdraw from the contract in the event of substantial defects.
For complaint notification or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
Zerbus GmbH, Tägerhardweg 12, 5436 Würenlos
The defective product must be returned to the above address of Zerbus GmbH with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please get a confirmation of your return and keep this confirmation, because in case of package loss your warranty claim cannot be processed.
9. registration for an account
Registering for an account allows you to view information about your completed, open and recently shipped orders and to manage and store your address information, any payment information and any newsletter. Since their data is stored, you do not have to re-enter it when making another purchase.
If you register for such an account, you are responsible for ensuring that your personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it available to unauthorized third parties. Zerbus GmbH assures you that your data will be treated confidentially and will not be passed on to unauthorized third parties. For further information on data protection, please refer to our data protection declaration at https://bluttrasur.ch/de/datenschutzerklaerung/.
Registration is free of charge. Each customer is only entitled to one customer account. We reserve the right to delete multiple registrations and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
Zerbus GmbH is not obliged to accept the registration or the order of a registered customer.
10. complaints and grievances
We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided at the beginning of this document. We will make every effort to investigate your inquiries and complaints as quickly as possible and will contact you upon receipt or your submission or complaint. If you have any complaints or inquiries, please help us by telling us the exact problem or error signs and, if necessary, provide a copy of the order documents or at least provide the order number, customer number, etc. We will endeavor to reply to you as soon as possible.
Zerbus GmbH is liable in the event of breach of its own obligations under these Terms and Conditions and the contractual relations based thereon for damage caused by it by unlawful intent or gross negligence and proven. For slight and medium negligence as well as for indirect and consequential damages, liability is expressly excluded, whether based on a contract, tort or any other cause. Indirect damages include, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of the services of Zerbus GmbH. Furthermore, Zerbus GmbH accepts no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service.
Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us.
12. data protection
The information and content published on the website are protected by copyright and are the property of Zerbus GmbH or the respective rights holder. Duplication, processing, distribution or any other form of exploitation require the prior written consent of the respective copyright holder. Zerbus GmbH and the respective rights holder expressly reserve all rights in this respect.
14. Applicable law and place of jurisdiction
These GTC, the contractual relations based on them and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Zerbus GmbH. For legal entities, the place of jurisdiction shall be exclusively the registered office of Zerbus GmbH.
Version GTC – Online Shop: March 11, 2021