General Terms and Conditions of Sale and Delivery of WOGG AG

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1. Scope

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1.1 Our sales, deliveries and other services (hereinafter uniformly referred to as ‘deliveries’) – in particular if the order is placed via the online shop or by email – are made exclusively on the basis of these General Terms and Conditions of Sale and Delivery (hereinafter ‘GTCSD’). By accepting the GTCSD without objection for the respective delivery, the customer declares his agreement with the GTCSD for all future business relations.

 

1.2 We do not recognise any conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Sale and Delivery shall also apply if we carry out a delivery without reservation, although we are aware of the customer's deviating terms and conditions.

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2. Offer, product information, advice and support services, conclusion of contract

 

2.1 All descriptions (such as dimensions, weights, prices, information and illustrations/photos) of our goods and services in catalogues, in the online shop/homepage, in brochures, price lists and offers are non-binding. We reserve the right to change descriptions, technical specifications and prices at any time. Typographical or graphical errors as well as errors in product descriptions, prices and technical specifications are expressly reserved. We also reserve the right to make design changes, customary deviations or changes due to legal requirements or technical improvements, as well as to replace parts of goods with equivalent parts, provided that the usability for the contractual purpose is not affected.

 

2.2 In the case of consultancy and support services, it is the customer's sole responsibility to verify their accuracy and completeness. The customer is responsible for using our goods in a safe, appropriate and error-free manner.

 

2.3 By clicking the button ‘Complete order’ in the online shop or by placing an order by letter, email, fax or telephone, the customer submits a binding offer to conclude a purchase contract. We expressly point out that the order confirmation does not constitute acceptance of the order. A contract is only concluded upon our written order confirmation or upon delivery of the goods.

 

2.4 Our order confirmations must be carefully checked by the customer, in particular with regard to colours and sizes. We must be notified of any discrepancies or inconsistencies within 24 hours of receipt of the order confirmation. After this period has expired, we are entitled to produce the ordered goods in accordance with the order confirmation and to invoice for them.

 

2.5 Requests for changes made after the contract has been concluded can only be considered if we are still able to agree to them based on the status of the preliminary work. Any additional costs and delays in delivery caused by the changes shall be borne exclusively by the customer.

 

2.6 In principle, the contract cannot be cancelled. In exceptional cases, we may agree to a cancellation. In such cases, we will charge a processing fee of at least 10% of the value of the goods.

 

3. Prices and value added tax

 

3.1 Goods marked with a price of CHF 0.00 are considered to be products with a price on request.

 

3.2 Value Added Tax is not included in the stated sales prices. It will be shown separately on the invoice or the order confirmation.

 

3.3 Shipping and assembly costs are not included in the stated price. These will be shown separately and agreed individually.

 

4. Delivery and Assembly

 

4.1 When placing the order, the customer can choose between the following delivery methods:

i. Postal delivery

Items that can be sent by post can be delivered by post or by another delivery agent at the customer's expense. The risk passes to the customer when the goods are handed over to the delivery agent. However, we reserve the right to decide at our own discretion whether goods are to be delivered directly by us (risk passes to the customer upon delivery of the goods) or by a carrier (see below iii).

ii. Delivery with/without installation

A carrier contracted by us will deliver the goods to the specified delivery address at the customer's expense and install them if installation has been agreed. A flat rate will be charged for delivery and installation, which will be shown during the ordering process. Should aids such as removal lifts, cranes or similar be required for installation, these costs will be additionally invoiced to the customer. We do not assume any liability for damage caused during wall mounting, in particular with regard to water, electrical or other lines. The risk passes to the customer when the goods are handed over to the contracted carrier.

 

4.2 Delivery times are given by us as accurately as possible, but are always non-binding. If an item is not in stock or a different delivery time applies, the customer will be notified accordingly.

In the event of delays in delivery of up to two months from the agreed delivery date, the customer is not entitled to refuse to accept the ordered goods, to cancel the contract, to claim compensation or to demand the return of the purchase price.

The same conditions apply to delays in delivery of more than two months from the agreed delivery date that are caused by the customer. Liability for the customer's damages due to delays is excluded.

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5. Payment terms

 

5.1 WOGG AG will communicate the payment terms individually for each order. The customer will receive an order confirmation and an invoice, which is to be paid by bank transfer to the account specified by us.

 

5.2 The processing of the order will only begin after receipt of the payment or written confirmation of the order confirmation by WOGG AG. Production will begin accordingly, which may affect the delivery time. Delays due to late payments are the responsibility of the customer.

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6. Retention of title

 

6.1 The delivered goods remain the property of WOGG AG until full payment of the purchase price and any additional shipping costs.

 

6.2 WOGG AG is entitled to arrange for a reservation of title to be entered in the relevant register at the customer's expense in order to secure its claims.

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7. Complaints and warranty

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7.1 Warranty claims require that the customer properly fulfils his statutory inspection and notification obligations. Complaints must be submitted to us in writing by email no later than 5 calendar days after receipt of the goods, with the defect to be described in detail and documented with photos. The invoice number must be provided. Hidden defects must be reported immediately upon their discovery. At our request, documents, further photos, samples, packing slips and/or the defective goods must be returned. If the customer fails to fulfil these obligations, his claims shall lapse.

 

7.2 If the packaging is damaged, this must be reported to the carrier immediately upon receipt of the goods and noted on the acceptance protocol. The customer must carefully inspect the goods before signing the acceptance protocol. The carrier must be notified of any transport damage immediately and in writing (on the acceptance protocol and additionally by email with photos). At the same time, WOGG AG must be informed.

 

7.3 In the case of defective goods, we reserve the right to rectify the defect or to supply a replacement that is free of defects. We shall bear the costs of the replacement delivery. Only if the rectification or replacement delivery repeatedly fails or is unreasonable and the defects are substantial shall the customer have the right to withdraw from the contract or to reduce the purchase price in accordance with the statutory provisions. In the event of a cancellation, the defective goods must be returned to us in the original packaging within 14 calendar days.

 

7.4 Claims for damages of any kind arising from improper handling, storage, alteration, assembly or operation of the goods by the customer or from failure to follow our instructions for use are excluded.

 

7.5 Further warranty claims, in particular for lost profits, consequential harm caused by a defect or other property or pecuniary damage, are expressly excluded to the extent permitted by law. The maximum liability is limited to the order value.

 

7.6 The warranty expires if the goods have been further processed or modified by the customer or a third party.

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8. Right of cancellation

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8.1 The end customer in the EU and Switzerland has the right to cancel the contract within 14 calendar days without stating any reasons. The cancellation period begins on the day on which the end customer or a third party contracted by the end customer takes possession of the goods. 

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8.2 We do not grant any statutory right of cancellation for orders outside the European Union. All sales are considered binding as soon as the order has been confirmed by us. Voluntary goodwill arrangement: In exceptional cases and by prior written agreement, we may agree to a cancellation. In such cases, we reserve the right to charge a minimum of 10% of the value of the goods as a processing fee.

 

8.3 The right of cancellation does not apply to traders. It is available only to natural persons who conclude the purchase for a purpose that is not associated with their commercial or self-employed professional activity. The right of cancellation is excluded for:

i. custom-made or personalised products,

ii. goods that are clearly tailored to the personal needs of the customer,

iii. vouchers.

 

8.4 To exercise the right of cancellation, the customer must send us a clear declaration by letter or email within the cancellation period, in which he communicates his decision to cancel the contract. The order number must be stated. To meet the cancellation deadline, it is sufficient for the customer to send the notification before the expiry of the deadline.

 

8.5 The customer is obliged to return the goods to us at their own expense within 14 calendar days of notification of cancellation. The deadline is met if the goods are sent before the return period has expired.

 

8.6 After receipt of the cancelled goods and inspection of their condition, we will refund the invoice amount minus the original delivery costs. The refund will be made using the same means of payment that the customer used for the original transaction, unless another agreement has been expressly made. The goods must be returned in their original packaging, unused and in mint condition with all accessories. Otherwise, we reserve the right to refund only a reasonable partial amount, depending on the condition of the returned goods.

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9. Amendments to these GTCSD

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We reserve the right to amend these General Terms and Conditions of Sale and Delivery (GTCSD). The customer will be informed of any changes in writing or by email. The amended GTCSD shall be deemed accepted if the customer does not object in writing within two weeks of receipt.

 

10. Property rights and copyrights

We reserve all property rights and copyrights to all texts, illustrations, drawings and other documents from our catalogues, brochures or individual transmissions. These documents may not be reproduced, made available to third parties or used for commercial purposes without our express written consent. The documents must be returned to us immediately upon our request.

 

11. Place of jurisdiction and applicable law

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11.1 Jurisdiction

The competent court in Zurich, Switzerland, shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC-SD or our contractual relationships.

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11.2 Applicable law

Swiss substantive law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

Zumikon, 1 December 2024

 

WOGG AG

Ebnet 1, CH-8126 Zumikon

+41 44 918 00 00, info@wogg.ch, wogg.ch