Conditions of Use
1 Validity of Conditions
The supplies, services and offers of Maisfeld (Trendeak.com) are on the basis of these terms and conditions, even if they are not explicit agreed by order of the goods or services, these terms and conditions. General conditions of purchase are hereby contradicted. Deviations from these terms and conditions shall be effective only if confirmed in writing.
2 Offer and Conclusion
The offers of Maisfeld (Trendeak.com) in price lists, advertisements and flyers are non-binding. Orders are Maisfeld (Trendeak.com) binding only after written confirmation by email. Confirmations will be created only on demand.
2.1. The information in our sale documents (drawings, illustrations, pictures, dimensions, weights and other benefits) are to be understood only as a guide and are not assurances of properties, unless they are designated in writing as binding.
2.3 On all items, there is no return or exchange rights, unless it is explicit authorized by Maisfeld (Trendeak.com) and confirmed in writing.
3 Prices
Decisive are stated in our order confirmation. These are fixed for stock at the time of order. Supply shortages and errands, the daily rate applicable on the order date.
3.1 Prices are quoted in Swiss francs, including VAT, unless otherwise agreed, plus transportation costs.
3.2 surcharge: below of total net order value of CHF 100.00 will be a surcharge of CHF 8.00.
4 Delivery and performance time
Dates and deadlines are not binding unless explicit agreed otherwise in writing. The state specific delivery times and dates by Maisfeld (Trendeak.com) is subject to proper and timely delivery of Maisfeld (Trendeak.com) by suppliers and manufacturers.
5 Adoption Default
If the buyer after the expiration of a grace period it refuses to accept the delivered goods or rendered, remove the goods do not want to Maisfeld (Trendeak.com) refuse to fulfill the contract and claim damages for non-performance. Maisfeld (Trendeak.com) is entitled to claim damages as a lump sum to either 20% of the agreed purchase price or replacement of the effective loss suffered by the buyer.
6 Delivery
Apparent differences in quantity must be immediately notified in writing at goods receipt, hidden quantity differences within 5 days of receipt of goods in the Maisfeld (Trendeak.com) and the carrier. Complaints regarding damage, delay, loss or poor packaging will be immediately notified of the receipt of shipment.
7 Transfer of risk
The risk passes to the buyer when the shipment is to the person performing the transport has been transferred. If shipment is delayed through no fault or becomes impossible, the danger with the notification of readiness for shipment to the buyer.
8 Warranty
The guarantee in accordance with the following provisions is 1 year, unless expressly agreed otherwise in writing.
8.1 The warranty period begins on the date of delivery. If our operating and maintenance instructions are not followed, changes are made, parts or supplies used that do not meet the original specifications, shall void any warranty if the defect is due to this. This also applies if the defect is improper use, storage and handling of the article, or unauthorized opening is the result of equipment. Insignificant deviations from guaranteed characteristics of the goods do not trigger the guarantee rights.
8.2 A liability for normal wear and tear is excluded.
8.3 Warranty claims against Maisfeld (Trendeak.com) are payable only to the immediate purchaser and are not transferable.
9 Returns
For returns, we require that the defective item or device with the completed repair form and a copy of the bill, with which the item is shipped posted on Maisfeld (Trendeak.com) for repair or delivered. The costs are borne by the buyer. Through the exchange of parts or whole articles, no new warranty periods take effect. The warranty is limited solely to the repair or replacement of damaged goods delivery.
10 Retention of title
The delivered goods until full payment of the Maisfeld (Trendeak.com).
11 Payment
The invoices are payable according to the agreement on delivery, cash in advance, cash or within 10 days net, unless otherwise agreed (new customers can buy only against, bank transfer or cash). Delivery will be free, ie paid by the buyer via the postal mail, forwarding, or private vehicle, unless it was explicit agreed.
11.1 Payment shall be made when we can dispose of the amount. Cheques are only accepted as payment and apply only after they have cashed.
11.2 If the buyer is in default, we are entitled by that date, interest at 10% to be calculated. During the period of delay Maisfeld (Trendeak.com) is also entitled at any time to withdraw from the contract to reclaim the goods delivered and to demand compensation for the due of the contract.
11.3 All claims will be due immediately if the purchaser is in default, other material obligations under the contract meets at fault or not when we become aware of circumstances which are likely to reduce the creditlimit of the buyer, especially payments, pending a settlement or bankruptcy proceedings . In these cases, we are entitled to withhold any outstanding deliveries or to run only against advance payment or collateral.
12 Limitation of Liability
Compensation claims from impossibility to perform, for breach of contract, culpa in contract and tort are excluded, both against us and against our agents, unless intentional or grossly negligent. For consequential damages from the use of any products liability is rejected.
13 Copyrights
Apply only to the provisions of the license agreement of the manufacturer.
14 Data Protection
Maisfeld (Trendeak.com) is entitled to respect process of business relations in connection with the data obtained on the buyer, whether they come from the same buyer or from third parties, in accordance with the Federal Data Protection Act.
15 Jurisdiction
Biel-Bienne is exclusive jurisdiction for all out of the contract, directly or indirectly arising disputes. The contract with Swiss law.
