I. General Terms and Conditions of Business
§1 General Information - Scope of Application
1. The following general terms and conditions for the Einhell Schweiz AG are directed exclusively at consumers. A consumer, also in the sense of these general terms and conditions is every natural person who concludes a legal transaction for purposes, which predominantly can neither be attributed to his or her commercial nor freelance professional activity; Section 13 German Civil Code.
2. The following general terms and conditions for the Einhell Schweiz AG are not directed at entrepreneurs. An entrepreneur, also in the sense of these general terms and conditions, is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or freelance professional activity; Section 14 German Civil Code.
3. The company Einhell Schweiz AG ("Einhell") undertakes, on the basis of the General Terms and Conditions set out below, to sell spare parts, accessories and other items. Such services are done exclusively on the basis of the General Terms and Conditions set out below. Einhell does not accept any opposing conditions or conditions deviating from our terms and conditions of delivery, repair and payment, unless Einhell has expressly agreed to their applicability in writing. These General Terms and Conditions of Einhell shall apply also if Einhell renders the services to the Customer without reservation; in full awareness of the existence of opposing or deviating conditions of Customer.
§2 Conclusion of the Contract
1. The product presentations in Einhell’s web shop do not constitute a binding offer, but are made to submit a binding offer for purchase by Customer.
2. Customer may submit their offer by sending the online order form integrated in Einhell’s Online Shop.
3. During the order process, Customer may view, at any time, the contents of the shopping basket. Customer may remove goods, at any time, from the shopping basket. The usual browser, mouse and keyboard functions and commands are available to Customer for correcting any entry errors.
4. Before Customer sends the online order form, they are once again requested to check their information, to accept these General Terms and Conditions and to correct any input errors. Customers submit a binding offer to buy the selected product when they send the online form, online, by clicking on the "Place Order" button.
5. After receipt of the offer, Einhell will immediately send a confirmation by email to the Customer stating that the offer has arrived. This confirmation of receipt does not yet constitute an acceptance of the offer. The confirmation of receipt does, once again, comprise these General Terms and Conditions, Customer’s order data and the instructions on withdrawal for consumers.
6. Einhell may accept Customer’s purchase order by sending a separate order confirmation by email or by delivering the goods within five working days.
7. If Einhell’s order confirmation contains typos or printing errors or if Einhell’s price determination is subject to transmission errors for technical reasons, Einhell shall be entitled to contest the order, where Einhell must prove the mistake to the Customer. Any payments which have already been made will immediately be reimbursed to Customer.
8. Customer shall ensure that the email address specified by them for handling the purchase order is valid and that any emails sent by Einhell to this address can be received. If SPAM filters are used, Customer shall ensure that all emails sent by Einhell or by third parties engaged by Einhell for handling the order can be received.
§3 Instruction on Withdrawals
Einhell-service.ch does not offer a right of withdrawal.
§4 Prices
Prices are quoted in Swiss francs (Swiss currency), including VAT and, unless otherwise agreed, strictly gross ex works without packaging and without any deductions. The sales prices are based on the raw material and wage rates applicable at the time of provision. Increases in these shall be borne by the buyer.
§5 Payment Terms
1. Payments are due 30 days gross from the invoice date or, if otherwise stated, in accordance with the invoice details
2. The customer/buyer is not entitled to reduce or withhold payments due to complaints, delays of any kind - or counterclaims not recognized by the supplier.
3. If payment is not made within 30 days of the invoice date - or according to the specific information on the invoice - the customer/buyer is in default and must pay default interest.
§6 Scope of delivery
The supplier's written order confirmation shall be decisive for the scope of delivery. All changes require the written confirmation of the supplier. Shipment and transportation of the goods shall be at the expense and risk of the buyer.
§7 Retention of Title
The delivered goods shall remain the property of the supplier until the purchase price and all other claims to which the supplier is entitled from the business relationship with the ordering party have been paid in full, even if the purchase price for specifically designated claims has already been paid. For the purposes of retention of title in accordance with Art. 715 of the Swiss Civil Code (place of jurisdiction Winterthur/Switzerland), the customer/buyer authorizes the supplier to have the retention of title entered in the retention of title register at the competent office upon unilateral request.
§8 Warranty
1. At the written request of the customer/buyer, the supplier undertakes to repair or replace, at his own discretion and in his own company, all parts which are demonstrably defective or unusable as a result of poor material, faulty design or poor workmanship. Warranty replacements shall only be made against free return of the defective parts.
2. The supplier shall only bear the costs of the new parts that are to be replaced in place of the defective parts. On the other hand, the time and labor costs for replacing the parts shall be borne by the customer/buyer.
The previous limitations of liabilities and periods of prescription don’t apply to recourses of damage and expenditures that the costumer is able to enforce defects in accordance mentioned in section 5 of these terms and conditions.
3. Any further claim of the customer/buyer due to defective delivery, in particular a claim for damages due to slight negligence on the part of the supplier, is excluded.
4. The warranty period is 2 years. It begins with the shipment of the goods. If shipment or assembly is delayed for reasons for which the supplier is not responsible, the warranty period shall end no later than 2 years after the supplier has notified the customer that the goods are ready for shipment.
5. Notices of defects must be submitted within 14 days of delivery, otherwise all warranty claims shall lapse.
6. The warranty does not cover damage caused by natural wear and tear, inadequate maintenance, excessive use, or unsuitable equipment or operation.
7. The warranty shall expire if the customer/buyer or third parties make changes or repairs to the delivery without the written consent of the supplier.
8. The supplier shall only assume warranty for third-party deliveries within the scope of the guarantee obligations of the subcontractor. He must inform the customer/buyer of this warranty obligation.
§9 Applicable law
The legal relationship is subject to Swiss law.
§10 Place of Jurisdiction
The place of jurisdiction for the customer/purchaser and the supplier is Winterthur. The supplier is also entitled to bring an action at the purchaser's head office.
§11 Validity
These general terms of delivery are binding subject to acceptance by the management.
Complaints must be made within 8 days.
§12 Final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
II. Customer Information under Distance Selling Laws
1. Information on Seller's identity
Einhell Schweiz AG
represented by the general manager Rainer Koch
Im Halbiacker 7,
8352 Elsau, Schweiz
Telephone: +41 52 235 87 87
Fax +41 52 235 87 00
Email: [email protected]
VAT Identification Number: CHF 107980401
2. Information on essential characteristics of the goods
The essential characteristics are set out in the relevant product description as provided by Einhelll.
3. Information on the entry into force of the contract
The Contract between Einhell and the Customer will enter into force according to Sec. 2 of the General Terms and Conditions of Einhell as set out above.
4. Information on Payment and delivery
Payment is made pursuant to Sec. 5 of Einhell’s General Terms and Conditions as set out above. Delivery is made pursuant to Sec. 6 of Einhell’s General Terms and Conditions as set out above.
5. Information on the technical steps leading to the conclusion of the contract
The contract will be concluded by an offer being submitted by Customer and its acceptance by Einhell.
5.1 The information given on the user interface and the buttons lead Customer through the individual technical steps until they send the online order form. Customer may use the common key commands and mouse commands to jump ahead and back and to remove entry fields.
5.2 Einhell accepts the contract pursuant to Sec. 2 of Einhell’s General Terms and Conditions as set out above.
6. Storing and accessibility of the text of the contract
Einhell stores the contract on the internal systems. Customers who have a personal customer account are able to use it to inspect all purchase orders that they have made since they have opened their account. In all other cases, order data are, after the completion of the purchase order, no longer available over the Internet for security reasons.
7. Information on the technical means to recognize and correct entry errors before making the contract statement
Customer may use the common key and mouse commands to correct their entries, at all times, before they bindingly send the purchase order. In addition, all entries will be displayed again in a confirmation window before the purchase order is sent in a binding manner, where Customer may use the common key commands and mouse commands to correct them.
8. Information on the languages available for concluding the contract
The German language is available for concluding the contract.
9. Information on Codes of Conducts to which Einhell subscribes
Einhell has not subjected itself to any type of Code of Conduct.
Einhell Schweiz AG
Elsau, 01.01.2024