Terms and Conditions of Sale and Delivery of Gabus SA
On our website www.gabus.ch, Gabus SA operates an internet portal for ordering goods (hereinafter referred to as the e-Shop). The following general terms and conditions of purchase and use apply to orders and contracts made and concluded through this e-Shop. Gabus SA does not recognize any other general terms and conditions of sale from the customer unless otherwise agreed in writing.
1. PURCHASE AND DELIVERY CONDITIONS
(1) Orders placed on the e-shop are only accepted if they come from customers capable of contracting, residing with headquarters in Switzerland or Liechtenstein.
(2) Goods offers in the e-Shop are provided for informational purposes. By clicking the "Finalize" button at the end of the ordering process, the customer places a final order for the goods in their cart. Gabus SA immediately confirms the receipt of the order to the customer in the electronic ordering system, first on the screen and then by email.
(3) A contract for the delivery of goods is only concluded by the explicit acceptance of the order by Gabus SA or by the delivery of the goods. If the customer does not receive explicit acceptance of the order or delivery of the goods from Gabus SA within 14 days after sending their final order, they are no longer bound to their order.
(4) The maximum value per order accepted in the e-Shop is CHF 3,000.--
2. INFORMATION ON RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last goods.
The right of withdrawal expires upon first use of the product. The right of withdrawal applies only to products from Gabus SA's e-Shop.
To exercise your right of withdrawal, you must inform us (Gabus SA, Schmiedgasse 37, 3264 Diessbach bei Büren, Switzerland,
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal;
If you withdraw from this contract, we are obligated to reimburse you without delay and no later than fourteen days from the day we received your withdrawal message for all payments we have received from you, including delivery costs (except for any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us) from the day we received your withdrawal message for this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their quality, properties, and functionality.
Model withdrawal form
(If you wish to withdraw from the contract, please fill out and return this form.) – To Gabus SA, Schmiedgasse 37, 3264 Diessbach bei Büren, Switzerland,
3. PRICES AND SHIPPING COSTS
All prices indicated in the e-shop are excluding tax. VAT will be displayed in the shopping cart. Shipping costs may be adjusted from time to time and also depend on the products ordered and the method of payment. They are specifically indicated to the customer before final order.
Promotional offers from the e-shop may be limited in time or quantity. Details depend on the product description. Despite careful stock management, it is possible that a promotional item may be sold out earlier than expected. Therefore, we do not guarantee delivery. Subject to availability.
4. DELIVERY
We only deliver to Switzerland or Liechtenstein. Gabus SA is entitled to make partial deliveries. Unless otherwise agreed, delivery is made from the warehouse to the shipping address specified by the customer.
Packages are delivered within 5 days for an in-stock product. Otherwise, please allow 2-3 weeks. Packages are delivered in Switzerland by DPD or by post. For any exceptions, please refer to the respective product page. We will promptly inform you in case of delivery delays. We reserve the right not to deliver the ordered goods if they are not available. We will also inform you immediately in this case and refund you without delay for any consideration received.
5. PAYMENT
(1) The purchase price is payable gross and without deduction at the latest upon delivery. This also applies to partial deliveries for which the purchase price is to be paid for the delivered partial quantities.
(2) Customers residing in the above countries can make their payments by credit card or PayPal.
(3) Gabus SA recommends its customers never to send their credit card details by email but to exclusively use the secure page provided for this purpose in the e-Shop.
6. RETENTION OF TITLE
The delivered goods remain the property of Gabus SA until full payment of all items on the invoice.
7. DELAY, SETOFF, RETENTION
In the event of late payment, the customer will be charged statutory default interest. Subject to the possibility of asserting further damages.
8. WARRANTY FOR HIDDEN DEFECTS
(1) Customer's warranty rights are governed by general legal regulations.
(2) If the delivered items should have obvious defects in material or workmanship, including transport damage, the customer is requested to report them immediately to Gabus SA.
9. LEGAL INFORMATION / LINK LIABILITY
The e-Shop offer contains links to external websites over whose content Gabus SA has no influence. The respective providers of these sites are solely responsible for their content. If violations of the law on these sites to which the links lead are brought to the attention of e-Shop users, Gabus SA invites them to assist in removing these links, if necessary.
10. INDUSTRIAL PROPERTY RIGHTS
(1) The industrial property rights of its own content (e.g., graphics, audio tapes, videos, texts, databases) belong to Gabus SA. It is prohibited to copy or distribute this content in any other publication (electronic or paper) or to use the trademark without explicit authorization from Gabus SA.
(2) Publications from the online e-shop are subject to Swiss copyright law. Reproduction, processing, distribution, and any type of exploitation beyond the limits of copyright require written authorization from the corresponding author. Contributions from third parties are marked as such. Downloads and copies of this website are only permitted for private, non-commercial use.
11. APPLICABLE LAW & JURISDICTION
(1) The contractual relationship between the supplier and the customer is subject to Swiss law, and the United Nations Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of performance is Diessbach bei Büren, Switzerland.
(3) The competent jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is Biel/Bienne.
12. SEVERABILITY CLAUSE
If a clause of these general terms and conditions of sale should be or become invalid, this shall not affect the validity of the remaining clauses.
