General conditions of sale and delivery

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale and Delivery shall apply to all orders, deliveries and purchases of goods from Steinmann and shall form an integral part of the respective individual contract.

1.2 By placing an order with Steinmann or by ticking the appropriate box ("I accept/accept" or similar) when placing an order via the homepage www.sno-n-ice.ch, the customer declares his agreement with Steinmann's General Terms and Conditions of Sale and Delivery.

1.3 Deviating provisions and general terms and conditions of the customer shall only be effective if they have been expressly agreed in writing.

2. CONSENT TO THE PROCESSING OF PERSONAL DATA

2.1 Steinmann collects and processes your data in compliance with the applicable data protection law. Details on the type and purpose of the processing of customer-related data can be found in Steinmann's current privacy policy.

2.2 The customer's consent to these General Terms and Conditions of Sale and Delivery includes his consent to such processing of personal data; likewise to the use of cookies and analytics services in accordance with our Cookies Policy and Google Analytics Statement, unless the customer has made use of the options for refusal described therein.

3. CONCLUSION OF CONTRACT

3.1 The information on the homepage www.sno-n-ice.ch, in price lists, brochures and catalogues is subject to change and non-binding, unless it is expressly guaranteed.

3.2 The verbal or written (including online) order placement/order of the customer is deemed to be an application to conclude a contract. The contract shall be concluded with the written order confirmation from Steinmann or with the delivery of the goods.

3.3 If Steinmann's order confirmation or delivery deviates from the customer's order, it shall be deemed to have been approved unless the customer objects to it in writing within 5 working days (date of postmark) of receipt of the order confirmation or delivery.

4. PRICES / TERMS OF PAYMENT

4.1 Prices

The prices agreed or specified in the written order confirmation or in the delivery note are carriage paid domicile (Switzerland). Deliveries abroad are EXW ex works. Steinmann reserves the right to adjust prices should the amount of duties, taxes or fees have changed between the date of order and the date of delivery.

4.2 Terms of payment

Unless another payment term has been agreed, payments by the customer must be made within 15 days of the invoice date, net, without deduction and excluding offsetting.

If the customer does not comply with the payment deadlines in accordance with the order confirmation and invoice, he must pay default interest of 5% from the due date without a reminder.

4.3 Retention of title

The delivered goods shall remain the property of Steinmann until the purchase price has been paid in full. Steinmann is authorised to have the retention of title entered in the register.

4.4 Small quantity surcharge

For deliveries with an invoice value of less than CHF 170.00, Steinmann shall invoice the shipping costs separately. Surcharges for express deliveries shall be invoiced separately.

5 DELIVERY

5.1 The stated delivery periods and dates shall be adhered to as far as possible, but are for information purposes only and are non-binding. A delivery date may be subject to fluctuations depending on transport and supply conditions, especially during peak periods (winter). Steinmann is entitled to deliver the goods in several instalments.

Claims for damages or other claims arising from late delivery are excluded.

5.2 If a customer proves to be insolvent, Steinmann may withdraw from the contract even after the order has been confirmed. In this case Steinmann shall not be obliged to deliver and the customer shall have no claims for damages. Steinmann is expressly authorised to make enquiries regarding the creditworthiness of customers. It reserves the right, in the event of doubt regarding compliance with the terms of payment, to deliver only by advance payment or to demand other securities.

5.3 The benefit and risk of the delivered goods shall pass to the customer upon delivery.

6. DEFAULT OF ACCEPTANCE

The customer shall be in default of acceptance if he fails to accept the ordered delivery. In this case, Steinmann may either store the ordered quantity at its premises and invoice it, make a subsequent delivery or cancel it after a period of 5 working days. The storage fees, additional transport costs, administration and interest costs shall be charged to the customer in addition to the sales price.

7. COMPLAINTS / RETURNS

7.1 The customer must check the delivery and the invoice from Steinmann immediately and report any defects (including deficiencies) to Steinmann in writing immediately, but at the latest within 5 working days of receipt of the delivery and/or the invoice. If the customer fails to do so, the deliveries and services shall be deemed to have been approved, subject to any concealed defects.

Rejected goods must be returned within a reasonable period of time in their original packaging and with the delivery documents. The costs for the return delivery or disposal of defective goods shall be borne by Steinmann.

7.2 Goods ordered in error will be taken back (in their original packaging) within seven days of delivery, after which Steinmann may refuse to take them back for reasons of quality assurance. The customer shall bear the costs for the return of goods ordered in error.

8. FORCE MAJEURE

8.1. destruction of or damage to raw materials, auxiliary materials or the goods themselves or similar circumstances, Steinmann's contractual obligations are not fulfilled or not fulfilled in accordance with the contract, Steinmann shall be released from the fulfilment of these obligations to the extent of the impact, without being obliged to pay compensation or to make subsequent deliveries.

8.2 Should delivery hindrances only permit partial deliveries, Steinmann reserves the right to make the individual allocations to its customers on a pro rata basis or in accordance with official regulations.

8.3 A case of force majeure affecting subcontractors and contractual partners shall be deemed to be a case of force majeure affecting Steinmann.

9. WARRANTY

Steinmann warrants to deliver the goods in the agreed specification and quality. Customary deviations with regard to the quality, mixing ratios and appearance of the goods shall not entitle the customer to assert warranty claims.

10 LIABILITY

Steinmann shall only be liable for direct damage caused by a culpable breach of duty on its part. Steinmann accepts no liability for indirect damages (including loss of profit, loss of use, costs for substitute products, etc.) or consequential damages.

11. SEVERABILITY CLAUSE

Should a clause in these Terms and Conditions of Sale and Delivery prove to be invalid for any reason whatsoever, the remaining provisions shall not be affected. In this case, the contracting parties shall endeavour to replace the invalid clause with an amendment that comes as close as possible to the original intention. The same applies to unintended omissions in these terms and conditions.

12. APPLICABLE LAW AND PLACE OF JURISDICTION

12.1 Swiss law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

12.2 The ordinary courts at Steinmann's registered office in 8050 Zurich, Switzerland, shall have exclusive jurisdiction for disputes between customers and Steinmann, unless the customer has placed orders with Steinmann as a consumer.