Terms and Conditions with Customer Information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and Shipping Terms
- Liability for defects
- Applicable law, place of jurisdiction
1) Scope
1.1 These terms and conditions of Normrahmen AG (hereinafter the “Seller”) apply to all contracts concluded by a consumer or business customer (hereinafter the “Customer”) with the Seller in respect of the goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to either their commercial or self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their independent professional or commercial activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The customer may submit an offer via the online order form integrated into the seller’s online shop. In doing so, after entering their personal details, the customer submits a legally binding contractual offer in respect of the goods and/or services contained in the shopping basket by clicking the button that completes the ordering process.
2.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date on which the order confirmation is received by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the date on which the goods are received by the customer shall be decisive, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 The period for accepting the offer shall commence on the day following the customer’s dispatch of the offer and shall end at the expiry of the fifth day following the dispatch of the offer.
2.5 When a quotation is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in writing (e.g. by email, fax or letter) together with these General Terms and Conditions after the Customer has submitted their order. In addition, the text of the contract is archived on the Seller’s website and may be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login details, provided that the Customer has created a customer account in the Seller’s online shop prior to submitting their order.
2.6 Before submitting a binding order via the seller’s online order form, the customer may correct their entries at any time using the standard keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation window before the order is submitted in a binding manner and can also be corrected there using the standard keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and communication shall take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, where the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4) Prices and terms of payment
4.1 The prices quoted by the seller include statutory value-added tax and other price components. Any additional delivery and postage costs shall be specified separately in the relevant product description.
4.2 The customer may select from various payment methods, which are specified in the seller’s online shop.
4.3 Where payment in advance has been agreed, payment is due immediately upon conclusion of the contract.
4.4 If the customer is in default of payment of an invoice for more than 60 days, interest on arrears of 5% will be charged on the outstanding invoice amount. In addition, an administrative reminder fee of CHF 15.00 will be charged.
5) Delivery and shipping terms
5.1 Goods are normally delivered by post to the delivery address specified by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive. Notwithstanding the above, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 If the carrier returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful delivery.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass upon the goods being handed over for dispatch or upon handover to the appointed carrier.
5.4 In the case of collection by the customer, the seller shall first inform the customer by email that the goods ordered by them are ready for collection. Upon receipt of this email, the customer may collect the goods by arrangement with the seller. In this case, no delivery charges will be incurred.
6) Liability for defects
The statutory liability for defects applies.
7) Applicable law, place of jurisdiction
7.1 Where the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer’s place of residence.
7.2 If the customer is acting as a trader, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of residence or business.
