General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to contracts concluded between VEBO and private customers or businesses through the online shop (www.mein-max.ch/shop). These Terms and Conditions set out the terms of sale and delivery of goods supplied by VEBO and the supply of services. The Terms and Conditions form an integral part of each contract. Any variations to the terms set out herein will only be effective if agreed in writing. The version of the Terms and Conditions in effect on the date of the order will apply.
2. Conclusion of contracts
Online offers will apply only as long as they are displayed in the online shop www.mein-max.ch/shop and while stocks last. The images displayed are provided for illustration purposes only and are not binding. Details of offers are provided for information only and are also non-binding. The contract is deemed to have been concluded once VEBO has issued an order confirmation indicating its acceptance of the offer submitted by the customer on placing the order. The order confirmation will be sent electronically and include the key details of the order. VEBO reserves the right to refuse any order placed by a customer. By placing an order, the customer agrees to these Terms and Conditions unconditionally and in full.
3. Prices and payment terms
All prices are net, shown in Swiss francs and subject to alteration. The statutory rate of value added tax applicable in Switzerland is chargeable on goods supplied within Switzerland. The prices shown in the online shop include value added tax. All prices are subject to change without notice. However, the prices shown on the order confirmation will always apply to goods ordered by customers, subject to any typographical, printing or calculation errors. Prices do not include any handling charges that may apply, or the cost of postage and packing, which will be charged separately. Orders dispatched to addresses within Switzerland and the principality of Liechtenstein will be accepted against invoice. Orders dispatched to addresses within Europe will only be accepted against prepayment. All shipping costs, customs duties and sales taxes are payable by the customer. The actual cost of postage will be chargeable. International orders will only be delivered against prepayment. Postage charges may be determined if required. Separate postage will be charged for each part shipment required by the customer. For customers in Switzerland, payment is due net within 30 days of the date of invoice. VEBO is entitled to charge default interest at a rate of 6% p.a. on any overdue payments.
4. Terms of delivery
Insofar as is practicable, orders will be delivered in their entirety. However, the customer agrees to accept part deliveries. VEBO reserves the right to limit the quantities supplied for a particular product. As a general rule, goods supplied within Switzerland will be delivered within 14 working days (B Mail), provided that the products are available ex stock. The customer will be informed at the earliest opportunity if a longer delivery period is required. VEBO will inform the customer in writing if it is unable to supply particular products or the quantity or volume of items is higher than the level normally produced. Any delivery periods indicated are not binding. In the event that delivery dates or periods are not met, there will be no right to claims for compensation or damages, price reductions or rescission of the contract. VEBO is not liable under any circumstances in respect of delays in delivery due to force majeure or caused by third-party manufacturers or their logistics partners.
5. Place of performance, passing of benefit and risk and transport insurance Unless another place of performance is specifically agreed, the place of performance is the location of VEBO’s registered office. Unless otherwise expressly agreed, the benefit and risk will pass from VEBO to the customer upon handover of the goods for dispatch. Accordingly, goods will be delivered at the risk of the customer. VEBO will only take out transport insurance if requested to do so in writing, and at the customer’s expense. Any goods delivered must be inspected immediately for any damage caused while in transit. If any damage is detected, a damage claim form must be obtained from the carrier (postal service, rail carrier or freight forwarder) and completed immediately. No claim in respect of loss or damage in transit may be made unless such a form is completed.
6. Retention of title
Goods supplied will remain the property of VEBO until all amounts due have been paid in full. If the customer is in default of payment, VEBO is entitled to rescind the contract and reclaim the goods.
The customer shall check the condition of goods immediately upon receipt. Any obvious defects or discrepancies in relation to the goods ordered must be reported to VEBO in writing within 10 working days of delivery, otherwise the goods supplied will be deemed to have been accepted, unless the defect concerned was not apparent upon careful inspection. Any such defects that become apparent at a later time must be notified to VEBO in writing within 48 hours of detection, otherwise the goods, including the defects concerned, will be deemed to have been accepted. The limitation period for warranty claims is 90 days. If any defect covered by warranty becomes apparent during the warranty period, the goods concerned will be exchanged or repaired. Third-party repairs on defective goods will only be carried out at VEBO’s expense with its written consent. If consent is withheld, the warranty period will expire ahead of time. Goods that are incomplete, damaged or soiled by the customer will not be accepted on return. Any customer who exercises their right of return shall return the goods in their original packaging, undamaged and in pristine condition, together with the dispatch note for the goods, within five working days of receipt. The customer is responsible for paying all shipping costs. Any further rights under warranty are hereby excluded.
8. Liability in general
VEBO is only liable for direct loss or damage caused through gross negligence or some deliberate act on the part of VEBO. Notwithstanding any mandatory provisions of law, VEBO expressly excludes all liability for direct loss or damage attributable to ordinary negligence, irrespective of the legal cause of action. VEBO expressly excludes any and all liability for indirect loss or damage caused through negligence or for consequential loss irrespective of the legal cause of action. Any liability on the part of VEBO’s officers and agents is hereby excluded to the extent permitted by law.
9. Liability in respect of online connections
VEBO undertakes to ensure that the security measures in place for the IT systems under its control are updated in line with the latest technology. Customers are responsible for ensuring that any systems, programs and data under their control are secure. VEBO is not liable in respect of malfunctions and faults for which it is not responsible and, in particular, in respect of security failings and outages attributable to third parties with which it works or on which it relies. Neither is VEBO liable in respect of events of force majeure, inappropriate actions and disregard for risks on the part of customers or third parties, overloading or excessive use, unsuitable customer or third-party operating equipment or computers, tampering by the customer or malfunctions due to third-party malware (viruses, worms, etc.) which may occur even though the latest security measures required are in place.
10. Data protection
VEBO agrees to adhere to data protection rules. Data required for transaction purposes will be stored in full compliance with applicable legislation and may be passed on to affiliated companies and other companies involved in processing orders. Personal data pertaining to the customer will be kept confidential. VEBO reserves the right to verify the accuracy of information provided by customers (billing address, IP provider and e-mail address) and may decline to deliver goods where necessary. The customer agrees that VEBO is, in particular, entitled to use any personal data collected in the performance of the contract for the purpose of sending marketing communications to the customer (e.g. by text message, e-mail or post).
11. Copyright and trademarks
MAX is a label belonging to Willi Glaeser, Im Grund 16, 5405 Baden. Willi Glaeser will retain all proprietary rights and copyright in images, illustrations, calculations and other documents. The customer shall comply with trademark and copyright provisions and, in particular, agrees not to use trademarks and images belonging to Willi Glaeser, or any subcontractors or suppliers (manufacturers), without permission. VEBO does not authorise unlawful use by the customer in whatever form. VEBO accepts no liability in respect thereof and reserves the right to claim compensation or damages.
If any provisions of these Terms and Conditions are invalid and/or unenforceable either in whole or in part, such provisions will not affect the validity and/or enforceability of the remaining provisions or parts thereof. The invalid and/or unenforceable provisions will be replaced by provisions, the legal effect of which is the closest possible to the intended commercial effect of the invalid and/or unenforceable provisions. The foregoing also applies to any omissions in these Terms and Conditions.
13. Concluding provisions
The customer may not assign rights and obligations under the contract to any third parties without VEBO’s written consent. The sole governing law is substantive Swiss law and, in particular, the provisions of the Swiss Code of Obligations (Obligationenrecht; hereinafter referred to as “CO”) concerning contracts of sale (Article 184 et seqq. CO). Balsthal, Switzerland, is the sole place of jurisdiction. However, VEBO expressly reserves the right to refer claims by or against it to any other court of competent jurisdiction. VEBO reserves the right to amend these Terms and Conditions at any time and shall give notice of any such amendments by suitable means. The customer will be deemed to have agreed to such amendments on subsequently placing an order through the online shop. These Terms and Conditions take effect on 1 June 2017.