General terms and conditions
The general terms and conditions apply to all business relations between Simon Keller AG and its customers. When placing an order, you confirm that you have read and agree to the general terms and conditions. The mere viewing of our website is not binding and does not establish a legal relationship.
All prices are in the currency chosen by the customer and include VAT. The listed prices, product images and product descriptions are without guarantee. Delivery times, availability and errors excepted.
Products which are in our stock will be processed immediately after receipt of the order by us, other products will be ordered from suppliers. The ordered products will be delivered according to the agreement with the customer. Delays due to unavailability at suppliers or missing information do not result in any claims of the customer.
The payment of the ordered goods is made securely by credit card (Visa, Mastercard) or via TWINT.
After prior agreement, in individual cases a return of as good as new, unused goods in original packaging within 7 days is possible. Return shipments are at the expense and risk of the customer. The delivery bill, any warranty certificates, operating instructions, etc. must be enclosed.
The items delivered by Simon Keller AG remain its property until full payment of the agreed purchase price with all possible additional costs and interest. Until this time, the items may neither be pledged or sold nor rented or otherwise made available to third parties without the consent of Simon Keller AG. Simon Keller AG is entitled to have this retention of title registered accordingly. The customer is obligated to surrender the goods subject to retention of title upon first request if he is in default of payment or if the claim of Simon Keller AG appears to be at risk. Furthermore, the customer is obligated to inform Simon Keller Ltd. immediately if he changes his domicile or place of business or if third parties lay claim to the items delivered under retention of title.
The shipping costs amount to a flat rate of CHF9.90 per order.
Shipment is at the expense and risk of the purchaser. Benefit and risk shall pass to the customer at the time the goods are made available for transport, even if the transport is organized or managed by Simon Keller AG. Partial deliveries are permissible. The costs of packaging shall be borne by the customer. The customer is obligated to report any loss or damage of any kind, including damage to packaging, in connection with the shipment or transport immediately upon receipt of the goods to the transport company (post office, courier, truck driver, etc.) for the purpose of recording a protocol. In case of failure to do so, the Purchaser shall be liable for the damage incurred.
The statutory warranty and liability regulations are expressly excluded. Instead of the statutory provisions, the following terms and conditions shall apply exclusively.
Simon Keller AG guarantees that its goods have the properties contained in the order confirmation. There is no guarantee beyond this.
The customer must inspect the items delivered by Simon Keller Ltd. within 7 days and immediately notify Simon Keller Ltd. in writing of any defects. If the customer fails to inspect and/or notify within the time limit, the delivery shall be deemed free of defects and approved.
The warranty period is one year, unless expressly agreed otherwise in writing. It begins with the transfer of use and risk.
The warranty shall expire as soon as the customer or third parties carry out revisions, modifications or repairs, change operating conditions without the written consent of Simon Keller AG or if, in the event of a defect, the customer does not immediately take suitable measures to minimize the damage. Damage resulting from improper operation or handling, improper or unauthorized tampering, ordinary wear and tear, inadequate maintenance, force majeure or other causes for which Simon Keller AG is not responsible is excluded from the warranty in all cases.
If a warranty case exists, Simon Keller Ltd. may provide the warranty either by repair, partial or complete replacement by an equivalent used/repaired product, partial or complete replacement by a new product, credit note at the current price (maximum at the sales price) or reduction. In case of repair or replacement, the warranty does not start anew, but runs until the end of the original warranty period.
If Simon Keller AG decides to repair or replace the product, the customer shall grant Simon Keller AG a reasonable period of time to do so. For this purpose, the parts/goods subject to complaint must be sent to Simon Keller Ltd. by registered mail, postage prepaid. Local equipment, apparatus and devices shall be repaired on the spot as far as possible. The shipping costs for returning the repaired or replaced parts/goods shall be borne by the customer. All replaced parts/goods shall become the property of Simon Keller AG.
Any liability of Simon Keller AG or its vicarious agents for damages arising in connection with the performance of services under the contract as well as in the application and use of the products delivered or services rendered is excluded to the extent permitted by law. In particular, liability for indirect or consequential damages such as interruption or failure of operations, loss of profit, unrealized savings, additional expenses incurred by the customer, claims of third parties, etc. is excluded.
The liability of Simon Keller AG shall in any case be limited to the amount of the invoice.
The legal relationship between Simon Keller AG and the customer shall be governed by Swiss law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Sales Convention"; CISG). The same shall apply to these GTC. The place of performance and exclusive place of jurisdiction for all disputes between Simon Keller AG and the customer shall be CH-3400 Burgdorf. Simon Keller AG shall also be entitled to sue the customer at the latter's place of residence or place of business.