TERMS AND CONDITIONS
OF THE B2B ONLINE SHOP OF ALUMO AG
1 GENERAL PROVISIONS
1.1
Disclosure of the shop operator
The online shop https://b2bshop.alumo.ch (hereinafter referred to as the “Online Shop”) is operated by ALUMO AG (hereinafter referred to as the “Seller”), based in Herisau, Switzerland. Its contact details are:
ALUMO AG
Cilanderstrasse 19
9100 Herisau
Switzerland
CHE 108.251.606 VAT
Telephone number: +41 71 353 33 77 (call charges depend on the network operator in question.)
Email address: info@alumo.ch
1.2
Use of the Online Shop
Use of the Online Shop requires certain technical requirements to be fulfilled on the part of the website visitor’s device and the existing internet connection.
1.3
Scope of these Terms and Conditions
These Terms and Conditions apply to all orders for goods made via the Online Shop and contracts concluded with the Seller.
1.4
Validity of these Terms and Conditions
These Terms and Conditions apply in the version that is valid at the time at which the contract is concluded. Depending on the customer’s device, this document can be printed out and/or saved.
1.5
Changes to these Terms and Conditions
The Seller reserves the right to make changes to these Terms and Conditions at any time.
2 REGISTERING/DELETING AN ACCOUNT
2.1
A personalised customer login is required to use the Online Shop. A login can be requested here.
2.2
After successfully completing the registration process, the customer will be admitted to the system.
2.3
This authorisation can be revoked by the Seller at any time. In this case, the Seller is entitled to block and delete the username and the corresponding password immediately. In particular, the Seller is entitled to delete the account if the customer has been inactive for more than three years.
2.4
The customer has the option of having his or her personal customer login deleted at any time, without needing to give any reason.
3 CONCLUSION OF CONTRACT
3.1
None of the product information in the Online Shop constitutes an offer to conclude a contract of purchase with the customer. It is non-binding.
3.2
Images in the Online Shop are for illustration purposes only and are non-binding, especially with regard to the correct representation of the colours of the products.
3.3
If the customer submits an order via the Online Shop (by clicking the “Order and Pay” button), email, telephone or other communication channels, this represents a binding offer to conclude a contract for purchase. The confirmation of receipt of the order that is then sent by email by the Seller does not yet constitute an acceptance of that offer. It only serves to inform the customer that the order has been received.
3.4
The contract for purchase is concluded when the Seller accepts the customer’s offer by sending the ordered product and confirming the shipment to the customer in a separate email by means of an order confirmation. Products that are not mentioned in the shipping confirmation are not covered by the contract for purchase that has been concluded.
3.5
Up until the ordered products are sent, the Seller is entitled to refuse or not deliver orders, in whole or in part, with or without stating reasons.
3.6
Products that are temporarily unable to be delivered will be completely and permanently removed from the order, but the customer’s order will remain in effect.
3.7
The Seller does not assume the risk of having to procure an ordered product (procurement risk). This applies also in the case of goods ordered that are described only according to their nature and characteristics (generic goods). If it is determined after the order confirmation that an item is not available, the corresponding order will be cancelled. The customer cannot assert any further claims.
3.8
The customer may be notified separately of possible errors in the information provided about the products in the Online Shop and, if possible, a corresponding counter offer will be made. In the event of delivery delays, the customer will be informed immediately.
3.9
The Seller is entitled to make partial deliveries at any time. In this case, the Seller will bear the additional shipping costs. If some part of the goods that have been ordered cannot be delivered, there is no right to cancel the entire order. The customer cannot assert any further claims.
4 PRICES, PAYMENT METHODS AND DEADLINES
4.1
The prices listed in the offer at the time the order is placed shall apply. All prices are exclusive of statutory VAT. Any shipping costs incurred will be billed in addition.
4.2
The Seller only accepts the payment methods shown to the customer in the “Payment Methods” area during the ordering process.
4.3
The purchase price and any shipping costs incurred are due upon conclusion of the contract.
4.4
If the customer orders goods at a reduced price during a promotion, he or she has a right to that price reduction that is advertised in the promotion. There is no right to price reductions for orders outside of a promotion.
4.5
The Seller reserves ownership of the goods until the purchase price has been paid in full. The corresponding security interests can be transferred to third parties.
5 LATE PAYMENT AND ASSIGNMENT
5.1
The Seller reserves the right to assign or pledge claims against customers, including any partial payment instalments, default interest, etc., to third parties.
5.2
Upon expiry of the set payment period, the customer shall enter into default, and default interest of 5% shall be due.
5.3
The Seller reserves the right to charge reminder fees for payment reminders as well as other fees – in particular, for carrying out the collection process.
6 DELIVERY
6.1
The delivery area for products from the Seller includes the territory of Switzerland as well as countries that are mentioned in the “Shipping Costs” area in the Online Shop.
6.2
The delivery methods provided may vary depending on the payment method.
6.3
The delivery time is usually 2–5 working days, but at most up to 14 working days, unless a shorter period is specified in the description of the product or when placing the order. If several products are ordered with different delivery times, the latest date/the longest period will be selected as binding. However, this period cannot exceed 14 working days.
6.4
The time required for delivery of the product by the responsible forwarding agent, which depends on the type of delivery selected by the customer, must be added to the above delivery period.
6.5
The Seller assumes no liability for damage caused by the transport of the goods.
7 WARRANTY
7.1
If the delivered goods are defective at the time of transfer of risk, the Seller may choose to either deliver a replacement product, cancel the purchase or refund the purchase price to the customer.
7.2
The customer must check the ordered goods for defects immediately upon receipt.
7.3
The customer’s warranty claim expires if he or she does not report the defect immediately, but no later than 14 days after receipt of the goods, by email (orders@alumo.ch), telephone or post.
7.4
Defects that were not identifiable during the proper inspection by the customer must be reported immediately after being discovered in accordance with point 3.
7.5
In other respects, the provisions of Art. 197 ff. of the Swiss Code of Obligations (OR) apply.
8 RIGHT OF CANCELLATION
8.1
The customer must bear the costs and the risk for returning goods, unless the goods that were delivered do not match the goods that were ordered.
8.2
In the event of effective cancellation, both parties have to reimburse the services already received. If the customer can only return the received goods in a deteriorated condition, he or she must pay compensation.
8.3
The Seller will not accept goods that have been cut or tailored.
9 TERMINATION OF THE CONTRACT BY THE SELLER
9.1
The Seller may terminate the purchase contract with the customer at any time for cause, taking into account a seven-day notice period, and/or may deny him or her the right to make further orders or to use the Online Shop, and may partially or completely deny access to the Online Shop’s content.
9.2
The Seller is also entitled, for cause, to reject an offer from the customer in relation to specific types of payment.
10 LIABILITY
10.1
Compensation due to impossibility of performance, breach of contract, culpable actions when concluding the contract, or unlawful acts is excluded, except in the case of intentional or grossly negligent acts. The Seller excludes liability, to the extent permitted by law, for all direct and indirect damage caused by use of the delivered goods, or use of the Online Shop in the context of orders for goods or the conclusion of contracts via the Online Shop.
10.2
Any liability for slight or moderate negligence is excluded.
10.3
The Seller assumes no contractual or non-contractual liability for damage caused by the involvement of any auxiliary persons.
10.4
The Seller has no influence whatsoever on the design and content of the third-party websites linked to the Online Shop. The Seller therefore expressly distances itself from all content on these pages and expressly excludes any liability in this context.
11 LICENCE
11.1
The rights for content that is made available/placed by the Seller or its contractual partners in the context of the Online Shop – in particular, copyrights, the name of the Online Shop (trademark), graphic elements belonging to this Online Shop, software and rights relating to the pool of data – is subject to legal protection and belong to the Seller or the subjects with whom it has concluded corresponding contracts.
11.2
The customer is entitled to use this content free of charge, including the content that is placed in accordance with legal provisions and published by other customers in the context of the Online Shop, but only for his or her own use and exclusively for the purpose of using the Online Shop worldwide.
11.3
Any customer who places any content in the context of the Online Shop (or with the help of the mobile app), in particular, graphics, comments, opinions or statements in his or her account or elsewhere in the Online Shop, also grants the Seller a free non-exclusive licence to use this content worldwide, to save it on the computer, to modify, delete or add to it, to present it publicly, to reproduce it and to publish it (especially on the Internet). This right also includes the right to issue a sub-licence, as long as this is necessary in order to implement the purchase contract.
12 DATA PROTECTION
The Seller undertakes to treat personal customer data in accordance with the applicable data protection regulations. Details can be found in the separate Privacy Policy.
13 APPLICABLE LAW
All legal relationships in connection with the Online Shop between the customer and the Seller are subject to Swiss law. The Vienna Sales Convention (Convention of 11th April 1980 of the United Nations on Contracts for the International Sale of Goods, SR 0.221.211.1) is excluded.
14 JURISDICTION
14.1
The place of jurisdiction for disputes arising from or in connection with legal relationships between the Seller and the customer is the place of business of the Seller (Appenzell Ausserrhoden District Court).