Terms of service
1 General
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 in force 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.
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 Registration
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 rotauf.ch website and opening a user account in accordance with section 2.1. However, they also have the option of placing an order without registering and opening an account.
2.3 ROTAUF reserves the right to refuse registration and / or to cancel registration at any time and without stating reasons. In this case, the user name and the corresponding password will be blocked and deleted.
3 Conclusion of contract
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 merely constitute a non-binding offer to the customer.
3.3 By placing an order, the customer submits a binding offer to conclude a contract.
3.4 The confirmation of receipt of the order, which is sent (automatically) by ROTAUF, does not constitute acceptance of the customer's offer; a contract shall not be concluded thereby.
3.5 The conclusion of the contract with ROTAUF shall be effected 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 shall not be 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 considered in any case as a refusal.
4 Right of withdrawal of private customers
4.1 Private customers are entitled to withdraw from the contract and / or exchange the goods within 14 days after receipt of the goods. Section 4.4 is expressly reserved in any case.
4.2 Withdrawal may be effected either by delivering a notice of withdrawal to ROTAUF and / or by returning the goods already delivered. The 14-day period begins on the day of receipt of the goods; however, the right of withdrawal may 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, Barblanstrasse 4, 7000 Chur.
4.5 In the event of a timely withdrawal from the contract, ROTAUF will reimburse the customer for any payments already made. The refund shall be made - if the goods have not yet been dispatched - 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 Shipping and delivery
5.1 All items will be shipped if available in stock and only while stocks last, after receipt of payment or on account. Delivery will be made within Switzerland. Deliveries to other countries can be made by separate arrangement.
5.2 On the website rotauf.ch is noted with the respective products in which period they are ready for shipment. However, the corresponding information is non-binding guideline values.
5.3 A fixed delivery time cannot be guaranteed - in the absence of an express agreement in individual cases. It depends - especially for deliveries abroad - 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 at the customer.
5.4 In the event that an item is not ready for shipment within the timeframe indicated on the rotauf.ch website, ROTAUF will inform the customer as soon as possible by email of 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 decrees, as well as other events for which ROTAUF is not responsible (e.g. delays caused by upstream suppliers), no claim for damages may be asserted against ROTAUF.
6 Packaging and shipment of goods
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 Prices
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, any information provided at an earlier date regarding the price and nature of the goods/services shall become invalid 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 excepted.
8 Payment
8.1 The following payment methods are possible:
a) TWINT
b) Credit card (VISA and Mastercard)
c) Paypal
d) Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers as an external payment service provider the payment method "purchase on account". With the single invoice you can easily pay your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order summary in 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 terms and conditions of POWERPAY (powerpay.ch/en/agb).
You will receive the invoice free of charge by email. With purchase on account you accept the terms and conditions of POWERPAY (powerpay.ch/de/agb), provided is a valid email address.
9 Retention of title of goods
The ordered goods remain the property of ROTAUF until full payment has been received (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 Warranty / Guarantee
10.1 ROTAUF grants a warranty of 2 years on all ROTAUF brand products. This does not apply to 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 Defects in the goods shall not be deemed to include damage caused by the customer through improper handling or handling contrary to the terms of the contract, thereby violating 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 be void in any case of intervention, repair or attempted repair by the Purchaser or unauthorized third parties without our written consent.
10.6 Should transport damage to the goods be discovered, the customer shall immediately report the damage to ROTAUF and the carrier.
11 Liability
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 its 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 damages are excluded. The claim for damages for the 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 independent of fault.
12 Data protection
12.1 The customer agrees that its personal data received by ROTAUF in the course of the business relationship may be stored and processed electronically. Data processing shall be carried out within the framework of the data protection provisions 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 by sending a request to info@rotauf.ch.
13 Intellectual property rights and entitlements
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 photographs, logos, texts, reports, scripts and programming routines contained on the rotauf.ch website which are ROTAUF's own developments or have been prepared by ROTAUF may not be copied or otherwise used without ROTAUF's prior written consent.
13.3 Nothing herein shall be construed as granting to the Customer any license to use the intellectual property (including, without limitation, trademarks, designs, patents and/or related rights) of ROTAUF or any third party.
14 Place of jurisdiction and applicable law
14.1 The place of jurisdiction shall be ROTAUF's place of business, unless Art. 32 of the Swiss Code of Civil Procedure provides for another mandatory place of jurisdiction.
14.2 Any disputes that may arise from this legal relationship shall be governed exclusively by Swiss law, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
15 Final Provisions
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 Any deviations from these GTC must be expressly agreed in writing.
Version: GTC 2022-10-01