H&B Holding AG - General terms and conditions of sale for consumers and entrepreneurs
I. Scope
1. All offers are made on the basis of the following general conditions of sale. They apply to all current and future business. Different conditions that are not expressly approved in writing, are not binding on us, even if they have not been expressly denied.
2. ‘Consumers’ within the meaning of these conditions are natural persons without any commercial or independent professional activity.
3. ‘Entrepreneurs’ within the meaning of these conditions are natural or legal persons or independent private companies, with whom a business is acting in pursuit of a commercial or independent professional activity.
4. Customers within the meaning of these conditions are both consumers and entrepreneurs.
5. As far as the customer is an entrepreneur, these terms and conditions apply for all future business relationships, even if they are not explicitly agreed.
6. Differing, conflicting or additional terms and conditions are not part of the contract even if known, unless their validity is expressly agreed in writing.
II. Offers and conclusion of contract
1. Our offers are always without engagement, unless they are specifically designated in writing as binding.
2. The customer’s order of a product results from sending the completed online order form. Before the customer sends the form, he is asked to review the information and to correct input errors.
3. The contract is closed with the confirmation of the customer's purchase by the H&B Holding AG, but not later than the sending of the ordered product. The H&B Holding AG will electronically confirm the receipt of customer orders.
4. Brochures, dimensions, weights, illustrations, drawings and other documents belonging to the non-binding offers stay in our property and contain no guarantee of properties. Warranties of any kind require an explicit written agreement.
5. All orders, agreements, representations etc. including those of our representatives, need our written confirmation to obtain legal effectiveness. Complaints regarding our letters of confirmation have to be made in writing immediately, at the latest within one week after their receipt. If the period between the placing of the order and the agreed delivery date is less than two weeks, a possible objection of the order confirmation has to be made at the same day of the receipt of the order confirmation by phone and fax.
III. Terms of payment
1. For all payments the respective payment terms are valid. Unless otherwise agreed in writing, the purchase price is due immediately upon receipt of the invoice without any deductions.
2. The customer comes without warning in default if he fails to pay the invoice within 30 days after receipt of the invoice or an equivalent statement. If a consumer fails to pay within the relevant period, we are entitled to require an interest rate, which is 5 percent above the base rate. If an entrepreneur fails to pay within the relevant period, we are entitled to require an interest rate, which is 8 percent above the base rate. The proof of a greater damage is reserved to us.
3. The customer may set off – even if complaints or counterclaims are asserted - only, if the claims have been legally recognized by us or are undisputed. To exercise a lien, the customer is only entitled, if his claim is based on the same contract.
IV. Prices
1. Unless the order confirmation states otherwise, prices are stated ex-factory excluding transport and packaging, which will be billed separately.
2. The VAT tax is included in the prices, unless stated otherwise.
3. The shipment from the factory or warehouse is carried out at the expense of the customer. Shipping and transport will be determined by us. The dispatch takes place to the exclusion of any separate liability.
4. The customer can pay the purchase price via cash on delivery, by bank transfer or direct debit.
V. Delivery / Return charges
1. Delivery dates or deadlines that were not expressly agreed as binding are exclusively non-binding statements.
2. In the event that the delay in delivery is based on our deliberate or grossly negligent breach of duty, we are liable to the customer in accordance with legal terms. If the delivery delay is not based on our deliberate or grossly negligent breach of duty, the liability is limited to the foreseeable, typically occurring damage.
3. If we are responsible for a delay in delivery because of a culpable breach of a basic contractual obligation, we are liable in accordance with legal terms. Our liability is limited to the foreseeable, typically occurring damage.
4. The customer is obliged to accept the delivery or performance. If the customer defaults on acceptance, we are entitled to demand compensation for the loss from this damage.
5. If a customer exercises his right of revocation in distance contracts, he is obliged to bear the return charges if the delivered goods correspond to the ordered goods and the price of the goods to be returned does not exceed an amount of € 40.00. At a higher price, the costumer has to bear the return charges if he has not provided the consideration or a contractually agreed part payment at the time of revocation.
VI. Transfer of Risk
1. If the buyer is an entrepreneur, the risk of accidental loss and deterioration of the ordered goods devolves to the buyer with the dispatch of the goods to the carrier or another specific person or institution, which executes the dispatch.
2. If the buyer is a consumer, the risk of accidental loss and deterioration of the ordered goods devolves to the buyer when the goods are delivered.
3. The handover is the same, if the buyer is in default of acceptance.
VII. Guarantee / Liability
1. The warranty is based on the statutory provisions, unless otherwise agreed.
2. The customer does not receive any guarantees from us in the legal sense.
3. If the buyer is an entrepreneur, we provide for damage of the goods at our option by repair or replacement.
4. In accordance with the legal regulations, the customer is only entitled to subsequent performance in the case of defected delivered goods. As a consumer, the customer has the choice to decide whether the remedy is carried out either by repair or replacement. However, we remain entitled to refuse the kind of remedy selected if it is only possible with disproportional costs and the other type of remedy is without significant disadvantages for the consumer.
5. If the remedy failed, the customer has generally the right to reduce the remuneration (reduction) at his discretion and according to legal regulations, to cancel the contract (withdrawal) and to claim damages or reimbursement of expenses.
6. If entrepreneurs do not advise us of obvious defects within a period of 8 days according to § 377 HGB, the enforcement of warranty claims is impossible. The punctual sending is necessary for keeping the period. The entrepreneur bears the burden of proof for all claims, in particular for the defect itself, for the time the defect is discovered and the timeliness of the claim.
7. For entrepreneurs, the warranty period is one year after delivery of the goods.
8. If the buyer is an entrepreneur, the condition of the goods has to be in accordance with the manufacturer's product description. Public statements, recommendations or advertisements by the manufacturer about the goods are not relevant data as part of the contract.
9. If the customer asks for damage, the limitations of liability according to paragraph IX of these terms and conditions are relevant.
VIII. Limitations of liability
1. Our liability in consequence of a slightly negligent breach of duty is limited to the foreseeable, direct average damage regarding the kind of goods. This also applies for slightly negligent breaches of duty by our legal representatives or agents. Toward entrepreneurs we are not liable for slightly negligent breaches of minor contractual obligations.
2. The foregoing limitations of liability do not apply to claims of the customer from product liability. Furthermore, the limitations do not apply to non-imputable damages of body and health or loss of life of the customer and will not include the liabilities of the statutory mandatory provisions.
IX. Title retention
All deliveries are subject to retention of title. The delivered goods remain our property till the customer has settled his claims completely, even if the particular delivery has been paid. A pledge or collateral assignment of the reserved property is not allowed.
X. Privacy
The personal data of customers are collected under the statutory provisions of the Federal Data Protection Act and the Tele Services Data Protection Act. The personal data of customers, needed for the order and order processing is stored. The customer expressly declares his agreement to do so. All personal data is kept confidential. The H&B Holding AG guarantees not to pass such information to third parties with the exception of trade and service partners who assist us in the processing of orders or in executing our business-like service. The buyer may revoke this consent at any time with immediate effect for the future. The H&B Holding AG commits itself in this case to the immediate removal of personal data, unless an order process has not been fully settled. The customer can always get free information about the stored data concerning his person and ask them to be deleted, corrected or blocked for purposes of advertising and market research
XI. Place of performance and jurisdiction
1. The relationship between the parties is governed exclusively by the laws of Switzerland. This choice applies as long as the chosen protection is revoked by mandatory provisions of the law of the State in which the consumer has his habitual residence.
2. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
3. If the customer is merchant, legal entity under public law or public special fund, the exclusive jurisdiction for all disputes arising under this contract is the seat of the H&B Holding AG.
4. If the domicile or permanent residence of the customer is not known at the time the action was brought the exclusive jurisdiction for all disputes arising under this contract is the legal domicile of the H&B Holding AG. This also applies, if the customer has no general jurisdiction in Switzerland. The H&B Holding AG is also empowered to call the court another legal jurisdiction.
XII. Severability clause
If any provision of these terms and conditions is invalid or unenforceable, the validity of these general conditions of sale is not affected.
Notice of the right of revocation and right of return in distance contracts for consumers
Right of revocation
You have the right to withdraw from the contract within 14 days without giving any reasons in writing (e.g. letter, fax or e-mail). The cancellation time limit begins after receipt of this notification in writing, but not before the consignee has received the goods (in case of recurring deliveries of similar goods not before receipt of the first partial delivery), and also not before the fulfillment of our obligations in accordance with § 312e Section 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB.
The cancellation time limit is observed if the goods are returned or notice of revocation is given within this period.
The revocation must be sent to:
H&B Holding AG
Steinackerstr. 2
CH-8302 Kloten
E-mail: info[at]hb-holding.ch
Consequences of revocation
In case of an effective revocation all mutually received benefits and profits (e.g. interest) have to be refunded. If you are unable or partially unable to refund the received benefit or can only restitute it in a deteriorated condition, you have to compensate for its value where applicable. This does not apply for abandoning things if the deterioration is exclusively due to an examination of the merchandise as it would have been possible for instance in a retail store. In addition, you can avoid the obligation to pay compensation by handling the merchandise not as your property and refrain from everything that could reduce its value. Transportable goods are to be returned at our risk. You are obliged to bear the return charges if the delivered goods correspond to the ordered goods and the price of the goods to be returned does not exceed an amount of € 40.00. At a higher price, you have to bear the return charges if you have not provided the consideration or a contractually agreed part payment at the time of revocation. Otherwise, the return is free of charge. Non-transportable goods will be picked up. Obligations to reimburse payments must be made within 30 days. Your time limit begins by transmitting the cancellation or sending back the goods. Our time limit starts with their reception.
End of revocation instruction