GENERAL TERMS AND CONDITIONS OF BUSINESS
1.1 These general terms and conditions of business (GTC) of ROTAUF, Flink production GmbH, Barblanstrasse 4, 7000 Chur (hereinafter referred to as “ROTAUF”), being the contract partner of the client, shall apply in the version valid at the time of concluding the contract for all conditions of business between the clients and ROTAUF contracted via the ROTAUF Online Shop (hereinafter referred to as “Shop”). Any differing regulations shall only apply if they have been agreed in writing between ROTAUF and the clients.
1.2 ROTAUF processes both orders from private people (hereinafter referred to as “Private Clients”), and from business clients (hereinafter referred to as “Business Clients”, together they are referred to as “Clients”).
1.3 By ordering from the Shop the Client expressly recognizes these Terms and Conditions of Business.
1.4 ROTAUF reserves the right to amend these Terms and Conditions of Business, whereby the version applicable at the time of an order shall always apply to the order of the client.
2.1 Business Clients must register on the website rotauf.ch and enter their personal details into a template. After registration and opening a user account orders can be made.
2.2 Private clients also have the opportunity to register on the Website:rotauf.ch and open a user account pursuant to Number 2.1. However, they may also place an order without registering or opening an account.
2.3 ROTAUF reserves the right to deny a registration and/or cancel at any time and without giving reasons. In this case the user name and the password shall be locked and deleted.
3. Contract conclusion
3.1 To conclude a contract with ROTAUF you must be over 18 years of age and capable of acting at the time of conclusion of the contract.
3.2 The offers by ROTAUF on the website rotauf.ch are without obligation to the Clients.
3.3 With an order the Client gives an obligatory offer to conclude a contract.
3.4 Confirmation of receipt of an order, which is automatically forwarded by ROTAUF, does not constitute acceptance of the offer by the Client; a contract is thus not signed.
3.5 The contract with ROTAUF can be made in one of the following ways:
- ROTAUF accepts the offer by forwarding an order confirmation by latest within 10 working days
- or ROTAUF forwards the goods to the Client
3.6 ROTAUF is not obliged to accept a Client’s offer. ROTAUF will, however, firmly inform the Client within a maximum of 10 working days if unable to carry out an order and thus shall not conclude a contract, especially if, but not exclusively if a product is no longer available. If you the Client? hear nothing within 10 days of placing the order this means a rejection in any case
4. Right of withdrawal of Private Clients
4.1 Private Clients are entitled to withdraw from a contract, within 14 days of receipt of the goods and /or exchange the goods. Number 4.4 is expressly reserved in any case.
4.2. The withdrawal can take place either by sending a withdrawal declaration to ROTAUF and/or by returning the delivered goods. The deadline of 14 days begins on the day of receipt of the goods; the right of withdrawal, however, can be taken already after receipt of the order confirmation and thus before actual receipt of the goods. A withdrawal declaration or return of the goods on the last day of the deadline is sufficient.
4.3 ROTAUF offers free return within Switzerland. See at rotauf.ch for details.
4.4 If goods are returned within Switzerland without making use of the returns service pursuant to Number 4.1, or are returned from abroad, the client shall pay the postage costs accordingly.
The return address is
ROTAUF - Flink production GmbH
7000 Chur - Switzerland
4.5 In the case of a timely withdrawal of the contract ROTAUF shall repay, if applicable, payments already made. Repayment shall take place – insofar as the goods have not already been dispatched – within 15 working days of receipt of the withdrawal declaration, otherwise within 15 working days after receipt of the returned goods in perfect condition. Perfect condition means among other things that the goods still have the pre-printed and attached tickets.
4.6 Goods that are tailor-made or amended for Clients according to the Client’s specifications are excluded from the returns service
5. Dispatch and delivery
5.1 All items will be shipped upon the receipt of payment only if they are in stock and while the supplies last. Deliveries can be made in Switzerland as well as in certain other countries as listed on the website rotauf.ch.
5.2 An estimated time of availability is indicated for every product on the website ofrotauf.ch. However, the relevant information provided is for reference only.
5.3 A fixed delivery time – if there has been no express agreement in individual cases – cannot be guaranteed - in particular for deliveries abroad, – depending on the Client’s location. As a rule goods reach Clients in Switzerland on the first working day after dispatch, and abroad within 2-7 working days of dispatch.
5.4 If an item is not ready for dispatch within the timeframe stated on the Website:rotauf.ch. The Client shall be informed by ROTAUF as soon as possible by e-mail regarding the delay to be expected. ROTAUF reserves the right to make a partial delivery, insofar as this leads to efficient fulfilment of the overall order. The additional postage costs for particle partial deliveries shall be paid by ROTAUF.
5.5 With regard to delays caused for example by forces majeures, traffic jams and local injunctions, as well as other events not being the responsibility of ROTAUF (for example delays caused by the subsuppliers), no claims for damage compensation can be applied against ROTAUF.
6. Packaging and dispatch of goods
6.1 Packaging and dispatch (standard rate) is free of charge for Private clients within Switzerland and countries listed on the website rotauf.ch. However, if the Client requires express delivery the extra costs shall be for his account.
6.2 The latest costs of packaging and dispatch (standard rate) for Business Clients can be seen on the website rotauf.ch.
7.1 All prices given include the legal sales tax.
7.2 The constant updating of the ROTAUF internet pages means that earlier information about price and availability of the goods/services is no longer valid from the date of the change. In any case prices given at the time of the firm order by the Client are decisive. Errors and printing mistakes remain reserved.
8.1 Following our means of payment:
a) Invoice (Switzerland only)
b) Credit card (Eurocard VISA and Mastercard)
9. Reservation of proprietary rights for goods
Until payment is complete the ordered goods remain in the ownership of ROTAUF (reservation of proprietary rights). If the Client is late with his payment ROTAUF is entitled to take back the goods. This does not constitute cancellation of the contract, unless this is expressly declared.
10. Defects liability/guarantee
10.1 ROTAUF gives a guarantee of 2 years on all products of the ROTAUF brand.
10.2 Any claims against ROTAUF by the Client on grounds of a defect in the goods shall principally conform to the legal regulations.
10.3 Damages that the Client has caused by improper use or use contrary to the contract and thus has breached the regulation of the manufacturer of the goods cannot be applied as deficits in the goods.
10.4 ROTAUF has the right to make a substitute delivery. In this case the client is obliged to return the first delivered defective good to ROTAUF within 30 days. ROTAUF reserves the right to apply damage compensation claims under the conditions regulated by law.
10.5 The defects liability and guarantee expires in any case on interference, repairs or repair attempts of the buyer Client or unauthorized third parties, without our the written agreement of ROTAUF. 10.6 If damages from transport are determined on the goods the Client must immediately inform ROTAUF and the shipper of these damages.
11.1 ROTAUF is liable for breach of contract or unpermitted actions only for damages cause intent or gross negligence. ROTAUF’s liability for its employees or vicarious agents for slight negligence is additionally explicitly excluded.
11.2 Any further liability is, insofar as legally permitted, excluded. Also excluded are claims for lost profits and consequential harm caused by a defect. Damage compensation claims for the breach of significant contract obligations are – insofar as legally permitted – limited to the typical contractual, foreseeable damages.
11.3 For slight negligence ROTAUF is liable exclusively pursuant to the mandatory legal provisions, in particular those of the Swiss product liability law.
11.4 The statutory period of limitation for applying damage compensation claims is three years and starts at the time when act causing the damage compensation obligation took place. If the legal limitation period in individual cases should lead to a lower period of limitation for us, then this shall apply. The liability for guarantees applies regardless of fault.
12. Data protection
12.1 The Client is in agreement that his personal data, which ROTAUF has obtained in the course of the business relationship, shall be electronically stored and processed. The data processing takes account of the Swiss data protection law.
12.2 It is hereby pointed out that data gained in the sense of this regulation is exclusively used and processed for the purpose of performing a service, in particular for the purpose of concluding the contract and manage the Client account. ROTAUF shall not pass any Client data to third parties. The transmission of data is coded. However, no liability can be taken for the security of data transmitted over the Internet. ROTAUF’s registered Clients can see and process/amend their user information at any time in their Client area (rotauf.ch/customer/account/login). The clients information can be deleted with an email to email@example.com.
13. Immaterial property rights and entitlements
13.1 All the third party logos, images and graphics displayed on the website rotauf.ch are the property of these companies and may not be used without the express permission of these particular companies.
13.2. All photos, logos, texts, reports, scripts and programming routines, which ROTAUF has developed or prepared may not be copied or used elsewhere without the prior written agreement of ROTAUF.
13.3 None of these regulations grants the Client a licence to use the intellectual property rights (in particular brands, designs, patents and/or appropriate entitlements) of ROTAUF or of third parties.
14. Place of jurisdiction and applicable laws
14.1 The place of jurisdiction is, insofar as Article 32 of the Swiss Civil Code does not stipulate any obligatory place of jurisdiction, the business premises of ROTAUF.
14.2 Exclusively Swiss law shall be uses for all disputes that could possibly arise from the legal relationship, excluding the conflict of laws. The application of the UN-convention on contracts for the international sale of goods right is excluded.
15. Final provisions
15.1 Should individual clauses in these Terms and Conditions of Business prove to be invalid or illegal, this shall not affect the validity of the contract. The invalid or illegal clause shall in this case be replaced by a valid clause that comes as close as possible to the same financial and practical sense of the invalid clause.
15.2. Deviations from these Terms and Conditions of Business require express agreement in the written form.
Version: AGB 2018-03-22