General Terms and Conditions
§1 Validity of the conditions
The deliveries, services and offers of E-Performance.ch (Extablish AG) are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted when the goods or services are ordered. The buyer's general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
§2 Offer and conclusion of contract
The offers made by E-Performance.ch (Extablish AG) in price lists and advertisements are subject to change and non-binding. Orders are only binding for E-Performance.ch (Extablish AG) after written confirmation. Order confirmations are only issued on express request. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we shall be released from our obligation to deliver.
§3 Prices
The prices stated in our order confirmation are authoritative. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the current price on the order date shall apply. Unless otherwise agreed or stated, the prices are exclusive of transportation costs and inclusive of VAT.
§4 Delivery and performance time
Dates and delivery periods are non-binding, unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by E-Performance . ch (Extablish AG) is subject to the correct and timely delivery to E-Performance.ch (Extablish AG) by suppliers and manufacturers.
§5 Default of acceptance
If the buyer refuses to accept the delivery items or declares that he does not wish to accept the goods after a grace period set for him has expired, E-Performance .ch (Extablish AG) can refuse to fulfill the contract and demand compensation for non-fulfillment. E-Performance .ch (Extablish AG) is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation from the buyer for the actual loss incurred.
§6 Delivery
Visible differences in quantity must be reported to E-Performance.ch (Extablish AG) and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
§7 Transfer of risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transportation. If shipment is delayed or becomes impossible through no fault of our own, the risk is transferred to the buyer upon notification of readiness for shipment. If it is agreed in individual cases that E-Performance.ch (Extablish AG) will bear the transportation costs, this has no influence on the transfer of risk.
§8 Warranty
The warranty period in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not comply with the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or tampering or opening of devices. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/rechargeable batteries is excluded. Warranty claims against E-Performance.ch (Extablish AG) are only available to the direct purchaser and are not transferable.
§9 Returns
Warranty services are provided by E-Performance.ch (Extablish AG) exclusively in Switzerland. E-Performance.ch (Extablish AG) is not obliged to process warranty services and replacement deliveries abroad. On request, foreign guarantees and return deliveries can be carried out for an extra charge (including postage costs for foreign deliveries). However, this is clearly a goodwill gesture on the part of E-Performance.ch (Extablish AG).
For returns, the defective part or device must be sent or delivered to E-Performance.ch (Extablish AG) for repair/inspection, together with a detailed description of the fault and a copy of the invoice with which the device was delivered. Any return of products by the customer requires the prior consent of E-Performance.ch (Extablish AG) and is at the expense and risk of the customer. Products must be returned in their original packaging and accompanied by a detailed description of the fault/defect and a returns number. Products that we procure at the customer's request cannot be returned. The replacement of parts, assemblies or entire devices does not result in a new warranty period. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. The buyer is not entitled to goods as good as new. When sending in the devices to be repaired, the buyer must ensure that any data on them is backed up by copies, as this may be lost during repair work. The return shipment of tested and/or repaired returns in Switzerland is at the expense of E-Performance.ch (Extablish AG), but at the risk of the buyer.
§10 Retention of title
The delivered goods remain the property of E-Performance.ch (Extablish AG) until full payment has been received.
§11 Payment
Invoices are payable cash on delivery, cash or net within 10 days, unless otherwise agreed. Delivery is always freight collect, i.e. at the buyer's expense by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise. Payment shall only be deemed to have been made when we have the amount at our disposal. Checks or WIR are not accepted. If the buyer is in default of payment, we shall be entitled to charge interest at a rate of 5% from the relevant date. During the period of default, E-Performance.ch (Extablish AG) is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim compensation for the loss of the contract. All claims become due immediately if the customer is in default of payment, culpably fails to meet other essential obligations arising from the contract or if we become aware of circumstances that are likely to reduce the creditworthiness of the customer, in particular suspension of payment, pendency of composition or bankruptcy proceedings. In such cases, we shall be entitled to withhold outstanding deliveries or to perform only against advance payment or securities.
§12 Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, except in cases of willful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.
§13 Copyrights / Software Warranty
If software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's license agreement shall apply exclusively.
§14 Data protection
E-Performance.ch (Extablish AG) is entitled to process the data it receives about the buyer in relation to the business relationship or in connection with it, regardless of whether this originates from the buyer himself or from third parties, in accordance with the Federal Act on Data Protection (FADP). Personal customer data will be treated confidentially and only passed on to third parties as part of the credit check.
14.1 Privacy
For E-Performance.ch (Extablish AG), the protection of your privacy has absolute priority. It is our constant endeavor to guarantee you the highest level of confidentiality and security.
§14.2 Use of your personal data
E-Performance . ch (Extablish AG) uses the personal information you provide only in the context of the customer relationship between you and E-Performance.ch (Extablish AG).
Data protection is very important to us. Personal customer data is treated confidentially in accordance with Swiss data protection legislation. We collect, store and process your data insofar as it is necessary for the entire processing of your purchase, including any subsequent warranties, for our services, technical administration and our own marketing purposes. Your personal data will only be passed on to third parties for credit checks. The data passed on in this way may only be used by our service provider to fulfill its task. We add new customers to the recipient list of our periodic newsletter and thus give them access to special offers. If you do not wish to benefit from this service, you can unsubscribe from the newsletter at any time and forever.
§14.3 Cookies
E-Performance.ch (Extablish AG) uses so-called "cookies" in the online store. Cookies make it possible to offer you comfort functions such as the storage and later retrieval of a shopping basket you have put together or, at your request, a simplified login (so-called "auto-login"). Cookies are also used to evaluate general visitor behavior and are not assigned to a specific person. An identification number is assigned to the cookie when it is activated. It is not possible to assign your personal data to this identification number at any time. Your name, IP address or similar data that would allow the cookie to be assigned to you will not be transferred at any time. Based on the cookie technology, we only receive anonymized information about which pages of our store are visited or which products are viewed. Most browsers are set to accept cookies automatically. However, you can deactivate the storage of cookies or set your browser so that it notifies you as soon as cookies are sent.
E-Performance.ch (Extablish AG) uses modern software solutions that help to make the online offer more interesting for you. For this reason, cookies from partner companies may also be stored on your hard disk when you visit the e-performance.ch website. These are either temporary or permanent cookies. These cookies are stored on your hard disk and delete themselves after the specified time. The cookies from our partner companies do not contain any personal data either. Data is only collected under a user ID pseudonym. This is, for example, data about which products were searched for or whether something was purchased. This impersonal data is never merged with your personal data. Its sole purpose is to enable our partners to address you with content that may also be of interest to you.
§14.4 Secure data transmission
Your personal data is transmitted securely by us using encryption. This applies to your order and also to the customer login. We use the SSL (Secure Socket Layer) coding system. Nobody can guarantee absolute protection. However, we use technical and organizational measures to secure our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorized persons.
§15 Place of jurisdiction
Stans is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Stans in February 2015