1. Subject matter of the contract

S + O AG (hereinafter referred to as "S + O AG") sells to the customer (hereinafter referred to as "customer") the service offered in print catalogues, flyers, online IT shop or on the terms of delivery and sale (GTC) listed below.

2. Conclusion of contract

The contract between the customer and S + O AG is only concluded by an order of the customer and its acceptance by S + O AG. The order of the customer shall be made by telephone, in writing or via the Internet. S + O AG accepts the order by (a) sending the customer an order confirmation (e-mail or letter post) or (b) delivering the ordered goods (incl. delivery note).

3. Product offer

All information on the goods which the customer receives during the ordering process is non-binding. In particular, changes in design and technology, which improve the functionality of a product, as well as errors in description, illustration and pricing are reserved. All technical information on the individual goods is based on the manufacturer's specifications and is binding within this framework. SWICO fees on hardware are not included in the prices and will be invoiced separately. SWISA fees on data carriers are already included in the prices.

4. Terms of payment

All catalogue prices are indicative prices which are continuously adjusted to the market. They are quoted in Swiss francs (sFr.), including value added tax, unpacked, unpaid ex warehouse Baden-Dättwil. Transport and packaging costs are charged separately - unless otherwise offered in the WebShop). Payment must always be made net as an advance payment. If the advance payment is not made within 10 days of the order date, the order will be cancelled and the customer will be invoiced for a handling charge of CHF 60 excl. Customers can only purchase against advance payment, credit card or cash payment.

S + O AG reserves the right to supply commercial customers and authorities by invoice.

5. Delivery conditions

The ordered products can only be shipped to an address in Switzerland. If in stock, the products will be delivered to the address indicated by the customer after receipt of payment. Otherwise, a written order confirmation with the expected delivery date will be sent. The delivery of the goods is at the expense and risk of the customer (ex loading ramp), even if partial deliveries are made. In the event of externally visible damage to the ordered goods, settlement of damages shall only be made against a certificate from the respective carrier. Collection of the goods in Baden-Dättwil is always possible after consultation with S + O AG. The earliest collection date is always the day following the order date, provided the goods have been designated as stock items. However, the postage charged remains the same, as the goods are sent from the central logistics centre to Baden-Dättwil or to the customer's domicile. The costs incurred in the process remain the same. Stock levels are not binding for stock products. There may be stock differences and shortages or the stock may already have been used up. Any liability for such cases is excluded. In case of non-acceptance of cash on delivery shipments, the customer will be charged a handling fee of sFr. 60.

6. Retention of title

The delivered goods remain the property of S + O AG until full payment has been made. The latter shall be entitled to make a corresponding entry in the retention of title register. If the customer is in default with the payment of the purchase price, S + O AG shall be entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods. Handling charges shall be invoiced separately.

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7. Right of return

In principle, the customer has no right of return. Incorrectly ordered items can only be returned to S + O AG after consultation and with consent! The delivered goods must be returned within 10 days of receipt undamaged, in working order, complete and in perfect original packaging with the completed return slip. Always request an authorisation number before returning the goods. Returns will not be accepted and will not be refunded:

Returns without prior consultation with S + O AG, used, defective and damaged items.

Items that have been made to order or specially ordered for the customer.

Articles with opened original packaging, in particular printers, memory modules, processors, scanners, digital cameras, hard disks, PCs, PDAs, notebooks, books, consumables, data carriers and software.

Incomplete items (missing components and packaging, etc.)

A credit note will be issued for returns made in accordance with these conditions. The credit note can be reduced by S + O AG according to expenditure and costs actually incurred. Any processing costs incurred (min. Fr. 60.-) may be invoiced or deducted from the credit note. The postage costs for shipment and return shall in any case be borne by the customer. In the case of returns that do not comply with these conditions, all costs incurred, including the handling fee, will be charged to the customer.

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7.1 We do not grant any right of withdrawal.

8. Warranty for defects and liability

For all offered new products the warranty period is 24 months, for used/refurbished products the warranty period is 3 months from the date of purchase, unless another warranty period is explicitly stated. The terms and conditions of the respective manufacturers apply. Consumables, CDs, batteries, accumulators, accessories etc. are excluded. The guarantee expires if changes or repairs are made to the goods without the written consent of S + O AGag.ch. As far as the legal regulations allow, liability for damages is excluded. In particular, S + O AG is not liable for damages which can be traced back to improper use or natural wear and tear or for damages which have not occurred to the delivery item itself (consequential damages). S + O AG does not assume any further guarantees beyond the manufacturer's guarantee.

9. Intellectual property

S + O AG reserves all rights for every design, every text, every graphic on its website. Copying or other reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order with S + O AG. The name S + O AG, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or trade dress of S + O AG. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. S + O AG reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of S + O AG before passing them on to third parties.

10. Data protection

S + O AG assures to observe the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing and using personal data. The customer data accruing on the occasion of the order processing will only be used for internal purposes. Data will only be passed on to third party partner companies if this is absolutely necessary for the proper provision of services (order processing). The customer agrees to this use of his data. Furthermore, the customer has the right to inspect the data stored about him/her at any time upon request and to prohibit its use for internal market research purposes.

11 Jurisdiction and applicable law

These GTC and the contracts concluded on the basis of these GTC shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Baden AG (Switzerland).

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12. Final provisions

For the sale of goods specified in printed catalogues, flyers as well as in the online store of S + O AG, the GTC in the version valid at the time of the respective conclusion of the contract shall apply exclusively. These terms and conditions shall apply in particular even if they should differ from those of the Customer. For the delivery of software, the licence conditions of the manufacturer enclosed with and/or contained on the data medium shall also apply. By opening the sealed data carrier, the customer expressly acknowledges the validity of these terms and conditions. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. Furthermore, S + O AG reserves the right to amend these General Terms and Conditions at any time.

 

Baden-Dättwil, 28.08.2017