GTC of i-grows AG
- Applicability of GTC and contract completion
1.1 These General Terms and Conditions (GTC) apply to sales contracts concluded via the website of the Provider
with Private/Individual Customers or Commercial Customers.
1.2 For sales contracts completed via different means, e.g. by telephone, fax, or letter,
these GTC also apply. In the order confirmation, Customers are advised
as to where on the Internet they can download the GTC. If a Customer does not agree with the GTC,
Customer may invoke his/her right to cancel, please see number/paragraph
- Prices and Special Offers.
2.1 Prices are indicated in CHF. VAT and advance recycling fee as well as
processing are included. Shipping costs are billed separately.
2.2 Provider reserves the right to change prices at any time. For Customers, the
prices published on the website the day of the order apply.
3.1 Generally, delivery is completed within 10 days. If a longer delivery time is necessary,
Customer will be informed of such, at the latest, following this time period.
- Right to cancel
4.1 Swiss OR Art. 214 / IV Buyer Default, 1. Right to cancel by Seller
1. If the item sold is to be transferred upon pre-payment or matching payment with delivery,
and the Buyer is in default of payment of the purchase prices, Seller
has the right to withdraw from the contract without further ado.
2. However, if Seller wishes to invoke right to cancel, Seller must
notify Buyer immediately of such action.
3. If the item purchased has been transferred to Buyer prior to payment,
Seller can withdraw from contract due to default of Buyer and demand
return of transferred item only if Seller has expressly reserved this right.
- Liability and Warranty
5.1 For a period of 24 months, Provider guarantees that the product possesses the assured features; has no deficits that negatively impact its value or use for indicated application and meets the described performance and specifications.
5.2 Buyer must review delivered product as soon as possible and notify Seller of any defects immediately.
Seller may be notified of hidden defects following commissioning and/or use of the product.
5.3 If a defect exists, Buyer has the right to obtain repairs free of charge.
The right of the Buyer to claim damages remains reserved in all cases.
6.1 Upon preference of the Customer, payment may be made in the following manners:
Invoice can be paid with cash before delivery.
Invoice can be paid via PayPal.
- Liability for online connections
7.1 Provider is obligated to ensure that systems, programs, etc. that are owned by Provider
or over which Provider has influence meet current technical standards
and privacy laws.
7.2 Customer must ensure security of systems, programs and data
upon which Customer has influence. In his/her own interest, Customer should not disclose passwords and user names
to third parties.
7.3 Provider assumes no liability for defects and interruptions Provider is not responsible for, especially
deficiencies in security and operational disruptions of third parties with which Provider collaborates or on which Provider depends.
7.4 Furthermore, Provider is not liable for force majeure, violations, and disregard
of risks on the part of the Customer or third parties, excessive demands, unsuitable equipment of the Customer or third parties, extreme environmental influences, interference by the Customer or disturbances by third parties (viruses, worms, etc.) that may occur despite the required current security measures.
- Applicable Law and Court Jurisdiction
8.1 For these General Terms and Conditions with Private/Individual Customers, the law of the state in which the Customer has his habitual residence applies.
For these GTC with Commercial Customers, Swiss law applies, namely the regulations of the Swiss OR.
8.2 For claims brought by a Private/Individual Customer, the court of jurisdiction is the court at the domicile or seat of one of the parties. For claims brought by the Provider, the court of jurisdiction is the court at the domicile of the defendant party.
Court of jurisdiction for Commercial Customers is the court at the seat of the Provider or, if specified, the court at the seat of the Customer company.
Vorderthal, May 1, 2016