Terms and Conditions
§1 Validity of the conditions
OdemShop.com is a service from Better AG, General-Guisan-Str. 8, 6300 Zug, Switzerland and is aimed exclusively at commercial customers. The deliveries, services and offers from OdemShop.com are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. When the goods or services are ordered, these conditions are deemed accepted. The buyer’s general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
§2 offer and conclusion of contract
The offers from OdemShop.com in price lists and advertisements are subject to change and non-binding. Orders are only binding for OdemShop.com after they have been accepted. The information in our sales documents (drawings, images, dimensions, weights and other services) are only to be understood as guidelines and do not represent an assurance of properties, unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation.
The prices stated in our order confirmation are decisive. These are fixed at the time of the order. Payment is made after the order has been successfully placed. In the event of delivery bottlenecks and errands, the daily price on the day of the order applies. Unless otherwise agreed, the prices are exclusive of transport costs and, if the company is based in Switzerland, plus the statutory value added tax. The current prices are published in the online shop, price changes and errors reserved.
§4 delivery and performance time
Dates and delivery times specified in the shop are non-binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by OdemShop.com is subject to correct and timely delivery to OdemShop.com by suppliers and manufacturers.
§5 default of acceptance
If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, OdemShop.com can refuse to fulfill the contract and demand compensation for non-fulfillment. OdemShop.com is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the damage actually incurred from the buyer as compensation.
§6 Transfer of Risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the dispatch is delayed or impossible through no fault of ours, the risk is transferred to the buyer with the notification of readiness for dispatch. A transfer of the transport costs agreed in individual cases by OdemShop.com has no influence on the transfer of risk.
The warranty in accordance with the following provisions is 2 years unless otherwise expressly agreed in writing. The warranty period begins on the date of delivery. If changes are made, any warranty is void if the defect can be traced back to this. This also applies if the defect can be traced back to improper use, storage and handling of the, or external intervention as well as the opening of devices. Insignificant deviations from the warranted properties of the goods do not trigger any warranty rights. Liability for normal wear and tear is excluded. Warranty claims against OdemShop.com are only available to the direct buyer and are not transferable.
§8 Returns & Cancellations
In case of non-receipt of the goods, a refund of the money paid will be made after 6 weeks of non-receipt of the goods. No refunds are possible beforehand. For returns, we require that the defective goods are sent to OdemShop.com with a reason and a copy of the invoice. In the justification, it must be stated qualitatively why the goods mentioned do not meet the requirements. A return of products by the customer requires the prior consent of OdemShop.com and is at the cost and risk of the customer. Products that we procure at the customer’s request cannot be returned. Refunds are generally made against vouchers.
§9 retention of title
The delivered goods remain the property of OdemShop.com until they have been paid for in full.
The invoices are payable strictly net within 7 days, depending on the agreement, by bank transfer, unless otherwise agreed. Deliveries are generally carriage forward, i.e. at the expense of the buyer by parcel post, forwarding agent or his own vehicle, unless expressly agreed otherwise. A payment is only considered to have been made when we can dispose of the amount. Checks are only accepted on account of performance and are only considered payment after they have been cashed. If the buyer is in default, we are entitled to charge interest at a rate of 5% from the relevant point in time. During the duration of the delay, OdemShop.com is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim compensation for the expiry of the contract. All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases we are entitled to withhold deliveries that are still outstanding or only to carry them out against advance payment or securities.
§11 Limitation of Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are excluded both against us and against our vicarious agents or vicarious agents, unless there is intentional or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
§12 data protection
§13 place of jurisdiction
Zug, Switzerland, is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.