1.1 These General Terms and Conditions (GTC) of ROTAUF, Flink production GmbH, Barblanstrasse 4, 7000 Chur (hereinafter: "ROTAUF"), which is the contractual partner of the customer, shall apply in the version valid at the time of conclusion of the contract to all business relations between customers and ROTAUF which are conducted via the ROTAUF Online Shop (hereinafter: "Shop"). Deviating provisions shall only apply if they have been agreed in writing between ROTAUF and the customer.
1.2 ROTAUF processes orders from private individuals (hereinafter: "private customers") on the one hand, but also orders from commercial customers (hereinafter: "business customers", both hereinafter: "customers") on the other hand.
1.3 By placing an order in the store, the customer expressly accepts these GTC.
1.4 ROTAUF reserves the right to amend these GTC, whereby the version of the GTC in force at the time of the order shall always apply to the specific order placed by the customer..
2.1 Business customers must register on the rotauf.ch website and enter their personal details in a mask. After successful registration and opening of their user account, orders can be triggered.
.2.2 Private customers also have the option of registering on the website rotauf.ch and opening a user account in accordance with section 2.1. However, you also have the option to place an order without registering and opening an account.
2.3 ROTAUF reserves the right to refuse registration and / or to revoke registration at any time and without giving reasons. In this case, the username and the corresponding password will be blocked and deleted..
3.1 Only persons who have reached the age of 18 and are capable of acting at the time of conclusion of the contract are entitled to conclude a contract with ROTAUF.
3.2 ROTAUF's offers on the rotauf.ch website represent only a non-binding offer to the customer.
3.3 By placing an order, the customer makes a binding offer to enter into a contract.
3.4 Confirmation of receipt of the order, which is sent (automatically) by ROTAUF, does not yet constitute acceptance of the customer's offer; a contract is not yet concluded thereby.
.3.5 The conclusion of the contract with ROTAUF shall come about in one of the following ways:
- ROTAUF expressly accepts the offer by sending an order confirmation within 10 working days at the latest,
- or ROTAUF delivers the goods to the customer.
3.6 ROTAUF is not obliged to accept an offer from a customer. ROTAUF shall, however, endeavor to also expressly inform the customer within a maximum of 10 working days if an order cannot be executed and a contract is thus not concluded, in particular but not exclusively because a product is no longer available. Silence within 10 working days after receipt of the order is in any case considered as a refusal..
4.1 Private customers are entitled to withdraw from the contract and / or exchange the goods within 14 days of receipt of the goods. Clause 4.4 is expressly reserved in all cases.
4.2 Withdrawal may be effected either by delivering a notice of withdrawal to ROTAUF and / or by returning the goods already delivered. The period of 14 days begins on the day of receipt of the goods; however, the right of withdrawal can already be exercised after receipt of the order confirmation and thus before receipt of the goods. A declaration of withdrawal, respectively a return of the goods on the last day of the period is sufficient.
.4.3 ROTAUF offers free returns within Switzerland. Details can be found on the website rotauf.ch.
.4.4 If a return is made within Switzerland without making use of the free ROTAUF return service, or if a return is made from abroad, the customer shall bear the corresponding shipping costs.
The return address is:
ROTAUF - Flink production GmbH
4.5 In the event of a timely withdrawal from the contract, ROTAUF shall reimburse the customer for any payments already made. The refund shall be made - if the goods have not yet been shipped - within 15 working days of receipt of the notice of withdrawal, otherwise within 15 working days of receipt of the returned goods in perfect condition.
4.6 Excluded from the right of withdrawal are contracts for goods that are manufactured and / or customized according to customer specifications.
4.7 Products that have been damaged in any way or show signs of use cannot be returned. The same applies to products that are not returned in full..
5.1 All items are shipped if available in stock and only while stocks last, after receipt of payment or on account. Delivery is made within Switzerland. Deliveries to other countries can be made by separate arrangement.
5.2 On the website rotauf.ch is noted at the respective products in which period they are ready for shipment. However, the corresponding information is non-binding guidelines.
5.3 A fixed delivery time can not be guaranteed - in the absence of an express agreement in individual cases. It is - especially for deliveries abroad - dependent on the location of the customer. As a rule, the goods arrive in Switzerland on the first working day after dispatch, abroad within 2-7 working days after dispatch to the customer.
5.4 If an item is not ready for dispatch within the period indicated on the website rotauf.ch, the customer will be informed by ROTAUF as soon as possible by email about the expected delay. ROTAUF reserves the right of a partial delivery, as far as this serves an efficient handling of the total delivery. The additional shipping costs for partial deliveries shall be borne by ROTAUF.
5.5 In the event of delays caused, for example, by force majeure, traffic disruptions and due to official orders, as well as other events for which ROTAUF is not responsible (for example, delays caused by upstream suppliers), no claim for damages may be asserted against ROTAUF..
6.1 For private customers, packaging and shipping (standard) within Switzerland are free of charge. If the customer requests express delivery, the corresponding costs shall be borne by the customer.
6.2 For business customers, the costs for packaging and shipping (standard) are based on the individually agreed conditions..
7.1 All prices quoted are in Swiss francs and include the statutory Swiss value added tax.
7.2 Due to the constant updating of ROTAUF's Internet pages, information provided at an earlier date regarding the price and nature of the goods/services shall lose their validity as of the date of the change. In any case, the prices at the time of the customer's specific order shall be decisive. Errors and misprints are reserved.
8.1 The following payment methods are possible:
b) Credit Card (VISA and Mastercard)
d) Purchase by invoice with instalment payment option (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. Should you choose not to pay within the specified time frame, you will receive a monthly invoice with order summary in arrears the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the AGB of POWERPAY (powerpay.ch/en/agb).
Until full payment has been received, the ordered goods remain the property of ROTAUF (retention of title). In the event of default of payment by the customer, ROTAUF shall be entitled to take back the goods. This does not constitute a withdrawal from the contract, unless this is expressly declared.
10.1 ROTAUF grants a warranty of 2 years on all products of the ROTAUF brand. Excluded from this are articles from the outlet store rotauf-bastards.ch
10.2 The customer's claims against ROTAUF arising from a defect in the goods shall in principle be governed by the statutory provisions.
10.3 Damage to the goods shall not be deemed to be a defect in the goods if the customer has caused such damage by improper handling or handling contrary to the terms of the contract and has thus violated the specifications of the manufacturer of the goods.
10.4 ROTAUF shall be entitled to make a subsequent delivery in the event of defects. In this case, the customer shall be obliged to return the defective goods first delivered to ROTAUF within 30 days. ROTAUF reserves the right to claim damages under the conditions regulated by law.
10.5 The warranty and guarantee shall expire in any case in the event of interventions, repairs or attempted repairs by the Purchaser or unauthorized third parties without our written consent.
10.6 Should transport damage to the goods be detected, the Customer shall immediately report the damage to ROTAUF and the carrier..
11.1 ROTAUF shall be liable for breach of contract or tort only for damage caused intentionally or by gross negligence. ROTAUF's liability for employees and vicarious agents for slight negligence is also expressly excluded.
11.2 Any further liability is excluded to the extent permitted by law. Furthermore, claims for loss of profit and consequential harm caused by a defect are excluded. The claim for damages for breach of material contractual obligations shall be limited - to the extent permitted by law - to the foreseeable damage typical for the contract.
11.3 ROTAUF shall be liable for slight negligence exclusively in accordance with mandatory statutory provisions, in particular those of the Swiss Product Liability Act
11.4 The limitation period for the assertion of claims for damages shall be three years and shall commence on the date on which the act giving rise to the obligation to pay damages was committed. Should the statutory limitation periods in individual cases lead to a shorter limitation period for us, these shall apply. Liability for warranties shall be strict liability.
12.1 Der customer agrees that his personal data, which ROTAUF receives in the course of the business relationship, will be stored and processed electronically. The data processing is carried out within the framework of the Data protection regulations and in compliance with Swiss data protection law.
.12.2 It is pointed out that data obtained in accordance with this provision is collected and processed exclusively for the purpose of providing the service, in particular for the purpose of processing the contract and maintaining the customer account. ROTAUF does not pass on customer data to third parties. The transmission of data is encrypted. However, no liability can be assumed for the security of data transmitted via the Internet. Registered customers of ROTAUF can view and edit their user information at any time in their customer area. Customer data can be deleted with a request to email@example.com.
13.1 All third-party logos, images and graphics displayed on the rotauf.ch website are the property of the respective companies and may not be used without their express consent.
13.2 All photos, logos, texts, reports and programming routines contained on the rotauf. ch, which are proprietary developments of ROTAUF or have been prepared by ROTAUF, may not be copied or used in any other way without the prior written consent of ROTAUF.
13.3 None of these provisions shall grant the Customer a license to use the intellectual property (in particular trademarks, designs, patents and/or corresponding rights) of ROTAUF or third parties..
14.1 Unless Art. 32 of the Swiss Code of Civil Procedure provides for another mandatory place of jurisdiction, the place of jurisdiction shall be ROTAUF's domicile.
14.2 All disputes possibly arising from this legal relationship shall be governed exclusively by Swiss law, excluding the conflict of laws rules. The application of UN sales law is excluded.
15.1 If individual provisions of the GTC prove to be invalid or illegal, this shall not affect the validity of the contract. In this case, the provision in question shall be replaced by a valid provision that is as economically equivalent and expedient as possible.
15.2 Deviations from these GTC require express agreement in writing..