General terms and conditions of business

General terms and conditions of business

1 Scope and validity

The following general terms and conditions (hereinafter referred to as "GTCs") apply exclusively to business transactions with Europadesk GmbH. When placing an order, you confirm that you have read the general terms and conditions and that you agree to them. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Europadesk GmbH. Simply viewing our website is non-binding and does not establish a legal relationship.

2 Offer and conclusion of contract

The offers of Europadesk GmbH in price lists and advertisements do not represent a legally binding offer, but rather an invitation to the customer to place a binding order. All prices are in the currency selected by the customer and include VAT. The prices, product images and product descriptions listed are without guarantee. Delivery times, availability and errors excepted.

By clicking the order button on the online shop, the customer places a binding order for the products listed on the order page. Europadesk GmbH confirms receipt of the order immediately after receiving it. If it is determined after the order confirmation that the goods cannot be delivered or that there was a pricing error, the order will be canceled or, in the case of pricing errors, if the goods have already been delivered, the price difference will be requested from the customer. In the event of pricing errors, the customer is entitled to return the goods to Europadesk GmbH if the customer does not agree to the subsequent charging of the price difference. In any case, the customer cannot assert any further claims against Europadesk GmbH.

The information in the sales documents (drawings, illustrations, dimensions, weights and other information) are to be understood as guidelines only and do not constitute a guarantee of properties, unless they are expressly designated as binding in writing.

If a customer exceeds his credit limit through an order, Europadesk GmbH is released from the delivery obligation.

3 Ordering, delivery, handover of products and services

The scope and execution of the delivery are recorded electronically by Europadesk GmbH after the order has been placed, so that the customer can check the contents of their order in the online shop. The customer must immediately inform Europadesk GmbH of any discrepancies between the contents of the customer's order and the delivery data recorded in the online shop. In any case, delivery is subject to the availability or deliverability of the products from the supplier/manufacturer.

Deadlines and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates by Europadesk GmbH is subject to correct and timely delivery to Europadesk GmbH by suppliers and manufacturers.

During delivery and assembly, accessibility to the goods must be guaranteed by the customer.

Visible quantity differences must be reported to Europadesk GmbH and the freight carrier in writing immediately upon receipt of the goods, and hidden quantity differences must be reported within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment.

4 Delay in acceptance

If the customer refuses to accept the delivery items after the expiry of a grace period granted to him or declares that he does not wish to take delivery of the goods, Europadesk GmbH can refuse to fulfil the contract and demand compensation for non-fulfillment. Europadesk GmbH is entitled to demand either a flat rate of 30% of the agreed purchase price or compensation for the actual damage incurred from the customer as compensation.

5 Offers and prices

All offers are non-binding. The current prices are published in the online shop, subject to price changes and errors.

The prices of Europadesk GmbH products and services are gross in Swiss francs (CHF), including VAT and ex warehouse. The shipping conditions are defined in the "Transport Conditions", which forms an integral part of these terms and conditions. VAT is borne by the customer. We reserve the right to make additional charges for VAT not charged. Statutory and regulatory taxes (SUISA/SWICO) are not always shown separately, but are included in every taxable product.

The prices of the products and the additional costs are generally calculated at the time the order is electronically recorded by Europadesk GmbH. If the purchase prices for Europadesk GmbH increase after the customer has ordered products from Europadesk GmbH, this entitles Europadesk GmbH to adjust the prices for the customer accordingly.

6 Transfer of risk

The risk is transferred to the customer as soon as the shipment has been handed over to the company carrying out the transport. If the shipment is delayed or becomes impossible through no fault of Europadesk GmbH, the risk is transferred to the customer when the readiness for shipment is reported. Any agreement in individual cases for Europadesk GmbH to assume the transport costs has no influence on the transfer of risk.

7 Payment

Depending on the agreement, invoices are payable in advance, in cash or within 14 days net. The payment methods available are published in the online shop. Europadesk GmbH reserves the right to carry out a credit check in accordance with Europadesk GmbH's data protection declaration if necessary.

A payment is only deemed to have been made when Europadesk GmbH can dispose of the amount.

If payment is not made within the above-mentioned deadline, the customer will be in default of payment, which means that Europadesk GmbH is entitled to charge interest of 5% from the relevant point in time. During the period of default, Europadesk GmbH is also entitled to withdraw from the contract at any time, demand the return of the delivered goods and claim damages for the cancellation of the contract. All claims become due immediately if the customer defaults on payment, culpably fails to comply with other essential obligations under the contract or if Europadesk GmbH becomes aware of circumstances that are likely to reduce the customer's creditworthiness, in particular cessation of payment, pendency of settlement or bankruptcy proceedings. In these cases, Europadesk GmbH is entitled to withhold outstanding deliveries or to only carry them out against advance payment or security.

8 Reminder and collection fees

If the customer defaults on payment, Europadesk GmbH will send the customer a reminder by email, in writing or by telephone. Europadesk GmbH reserves the right to charge reminder fees for the reminders issued. If reminders are unsuccessful, Europadesk GmbH can assign the claim to a third-party company commissioned to collect the debt. The company commissioned to collect the debt can claim the outstanding amounts in its own name and on its own account and can charge additional processing fees.

9 Retention of title

The products delivered by Europadesk GmbH remain the property of Europadesk GmbH until Europadesk GmbH has received the purchase price in full and in accordance with the contract. Europadesk GmbH is entitled to register the retention of title in accordance with Art. 715 of the Swiss Civil Code in the retention of title register at the customer's place of residence until this point. The customer undertakes to immediately give his written consent to the registration of a retention of title in all points essential to the registration at the request of Europadesk GmbH (see Art. 4 Paragraph 4 of the Regulation on the Registration of Retention of Title).

As long as the purchase price has not been paid in full, the customer is obliged to maintain the products delivered by Europadesk GmbH, to handle them carefully and to insure them against all usual risks.

10 Returns

Customers have the right to return the goods within 20 days of delivery. The right of return is exercised by returning the goods, which must be unopened and unused. The return is at the customer's expense and must be registered using the form in the online shop or by email to info@europadesk.ch .

Products which Europadesk GmbH has procured at the customer's request, any software and hygiene items, food and opened consumer goods are excluded from return in any case.

Exercising the right of return results in the purchase contract being converted into a rescission relationship, according to which the services received under the purchase contract must be refunded.

After receipt of the goods, the purchase price already paid will be credited to the customer's customer account. However, the right to deduct the purchase price to be refunded or to issue an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs for the goods remains reserved. Europadesk GmbH can refuse to issue a credit until it has received the goods back or the customer has provided proof that they have returned the goods, whichever is earlier.

For returns of faulty goods, Europadesk GmbH requires that the defective part or device be sent or delivered to Europadesk GmbH for repair with a completed repair form and a copy of the invoice with which the device was delivered.

The customer is always responsible for packaging the returned goods in a way that is suitable for transport. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands the goods over to a transport company, the customer bears the risk for the safe transport of the goods. The risk is only transferred to Europadesk GmbH when the goods arrive at Europadesk GmbH.

When sending in the device to be repaired or returned, the customer must ensure that the data on it is deleted and backed up by copies, as the data may be lost during repairs. Europadesk GmbH is not liable for the loss of data, access by third parties or similar.

See also: Written return policy and right of withdrawal

11 Warranty/Guarantee

The customer is responsible for the selection, configuration, deployment and use of products and the results achieved with them. The customer acknowledges that Europadesk GmbH does not carry out any incoming inspections of products supplied by manufacturers or suppliers.

The customer must inspect the goods immediately and as best as possible after delivery. Obvious defects must be reported immediately (within 1 working day). Hidden defects must be reported immediately (within 5 working days at the latest) after they are discovered.

Defects must be reported in writing. Delayed and non-written complaints will result in the forfeiture of the warranty/guarantee services listed below.

Europadesk GmbH's warranty/guarantee for the products it supplies is determined in every respect by the warranty/guarantee provisions of the respective manufacturer/supplier. The customer waives any further warranty/guarantee claims against Europadesk GmbH and the manufacturer/supplier. Europadesk GmbH's only obligation is to assign any warranty/guarantee claims it may have against the manufacturer/supplier to the customer.

The customer acknowledges that, due to the applicable warranty/guarantee provisions, the warranty/guarantee is generally limited to repair or replacement of the defective/faulty products at the discretion of the respective manufacturer/supplier and is also only valid if the products remain in Switzerland or the Principality of Liechtenstein.

If a manufacturer/supplier does not have its own warranty/guarantee provisions, Europadesk GmbH is entitled, in the event of a warranty/guarantee claim, to: - deliver a replacement upon return of the defective goods, - refund the purchase price - or compensate for the reduced value of the goods while maintaining the purchase contract. If Europadesk GmbH decides to refund the purchase price, a credit will be made at the current price (maximum of the sales price at the time of the order).

Furthermore, the customer acknowledges that a defect only exists if it is reported in writing to Europadesk GmbH in detail immediately after discovery and contains a relevant and reproducible error. The warranty/guarantee is excluded in particular for defects that are based on one of the following causes:

(a) inadequate maintenance;
b) Failure to comply with the operating or installation instructions;
c) improper use of the products;
d) use of unauthorized parts and accessories;
(e) natural wear and tear;
f) transport, improper handling or treatment;
g) modifications or attempted repairs;
h) external influences, in particular force majeure (e.g. failure of the power supply or air conditioning, natural damage) and other reasons for which neither Europadesk GmbH nor the manufacturer/supplier are responsible.

Repair services not covered by the manufacturer/supplier as well as additional costs caused by the customer will be invoiced to the customer.

Minor deviations from the promised properties of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/included batteries/included or built-in rechargeable batteries is excluded.

The warranty/guarantee period is shown on the invoice and is not interrupted by any warranty or guarantee claim, but continues.

The replacement of parts, assemblies or entire devices does not result in new warranty periods coming into effect.

The warranty period is not interrupted by any warranty or guarantee claim, but continues.

The replacement of parts, assemblies or entire devices does not result in new warranty periods coming into effect.

Warranty or guarantee claims against Europadesk GmbH are only available to the direct customer and are not transferable.

In any case, the customer adheres to the procedures defined by Europadesk GmbH or the respective manufacturer/supplier when handling any warranty services.

The statutory warranty is completely excluded.

12 Third party services

If a service (assembly, floor delivery, etc.) is booked through the Europadesk GmbH online shop and is carried out by a third party, the service contract is created between the customer and the third party. Europadesk GmbH accepts no liability.

13 Liability

Europadesk GmbH is only liable for direct damage and only if the customer proves that this was caused by intent or gross negligence on the part of Europadesk GmbH or third parties commissioned by Europadesk GmbH. Liability is limited to the price of the respective delivery/service.

Any further liability of Europadesk GmbH, its assistants and third parties commissioned by Europadesk GmbH for damages of any kind is excluded. In particular, the customer has no claims under any circumstances for compensation for damages that did not arise from the product itself, such as production downtime, loss of use or data, loss of orders, loss of profits and other indirect and/or consequential damages from the use of the products.

Europadesk GmbH undertakes to assign to the customer any liability claims recognised by the manufacturer/supplier.

14 Patents and other intellectual property rights

If a third party claims or makes claims against the customer or its end customer due to infringement of a patent, copyright or other industrial property right by products supplied, the customer will notify Europadesk GmbH in writing and without delay of such infringement notices or claims made. Europadesk GmbH will immediately forward these notices to the supplier or manufacturer and request them to resolve the situation. The customer waives any warranty or liability claims against Europadesk GmbH.

15 Data protection

By placing an order, the customer gives Europadesk GmbH his consent that Europadesk GmbH is entitled to pass on information about the payment processing to credit, trade and business information agencies in order to check payment behavior and creditworthiness.

Further information on how customer data is handled can be found in the separate privacy policy. The privacy policy is an integral part of these terms and conditions. By accepting the terms and conditions, the customer also agrees to the privacy policy.

16 Applicable law and place of jurisdiction

The individual contracts and the General Terms and Conditions are subject exclusively to Swiss law, with the express exclusion of international treaty norms, in particular the Vienna UN Convention on the International Sale of Goods.

All disputes between the contracting parties and Europadesk GmbH are subject exclusively to Swiss law. The place of jurisdiction is the registered office of Europadesk GmbH. Europadesk GmbH reserves the right to take legal action against companies and/or customers at their registered office or place of residence.

17 Acceptance of the General Terms and Conditions

By placing an order, the customer fully accepts our general terms and conditions. Any changes require a written agreement.

Europadesk GmbH reserves the right to adapt the General Terms and Conditions at any time and without prior notice .

Should any provision of these general terms and conditions be invalid, this shall have no effect on the validity of the remaining provisions or of the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.