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Terms and conditions

1 General

  1. These General Terms and Conditions (T&C) of the Rhiag Group GmbH (‘Seller’) apply to all deliveries and services provided by the Seller, including via the online shop [www.ec24.ch] and are an integral part of the purchase contract. The T&C shall also apply to all contracts entered into by telephone, fax or e-mail. Purchasers are informed that they can download the T&C from the internet. Special written agreements between the parties are reserved and shall only be valid if they have been expressly accepted by the Seller in writing.
  2. Our General Terms and Conditions shall exclusively apply to commercial transactions.

2 Offer / Acceptance

  1. The presentation of products in catalogues, price lists and the online shop [www.ec24.ch] shall not constitute a legally binding offer. Upon placing an order, the Purchaser gives the Seller a binding offer to conclude a purchase contract subject to these T&C, which the Purchaser shall have accepted. The Seller reserves the right to reject the order without giving reasons.
  2. The Seller assumes no liability for damage caused by transmission errors, mistakes, technical defects and faults, operational downtime or unlawful access to the computer systems of the Purchaser or a third party.
  3. The contract between the Purchaser and the Seller shall be concluded if the Seller does not decline the Purchaser’s request within two working days of order receipt.

  4. Technical specifications and descriptions of the delivery item in brochures, the online shop [www.ec24.ch] or print media are not binding. Information in technical documents does not represent a legally binding assurance of properties. As the information is provided by the manufacturers, the Seller does not accept any liability for the accuracy, completeness or up-to-date nature of the technical data, nor for the suitability with regard to the Purchaser’s intended purpose. Any Purchaser claims for direct or indirect damages on the above grounds are therefore excluded and the Purchaser holds sole responsibility for checking the suitability of the products for its own or its purchasers’ intended purposes.

3 Prices / Payment terms

  1. All prices are quoted net and exclude any applicable value added tax, packaging and discounts.
  2. All ancillary costs such as packaging, shipping, express surcharges, insurance, export costs, transit costs, import costs and other permits shall be borne by the Purchaser. The Purchaser shall also be liable for paying all kinds of taxes, levies, fees, customs duties or other similar charges incurred in relation to the contract.
  3. Adjustments to the prices listed in the current product range are reserved and can be made by the Seller at any time up to delivery.
  4. Unless otherwise agreed, all invoices must be paid net within 30 days of the invoice date in the currency indicated on the invoice without deduction of any discount, charges, taxes, levies, fees, customs duties or similar.
  5. If the Purchaser does not comply with the payment term established in Point 3.4, it shall enter into default without reminder from the time established in Point 3.4. The Purchaser shall be liable to pay the Seller an administrative fee for every reminder.
  6. If the Purchaser defaults on payment of the purchase price, the Seller shall furthermore be entitled to withdraw from agreements without setting a grace period and to demand the return of the item supplied (Art. 214, clause 3 of the Swiss Code of Obligations (OR)).
  7. The Purchaser shall not be entitled to withhold any payments, in particular as a result of delayed delivery or complaints. The Purchaser also waives the right to offset payments against any counterclaims.

4 Delivery / Delivery period

  1. Unless otherwise agreed in writing, delivery shall be made to the delivery address provided by the Purchaser within the scope of the order.
  2. On working days, delivery in Switzerland shall generally occur within two working days, excluding in the cases of lubricants, warehouse stock, garage equipment, office equipment, tyres and rims, which are subject to longer delivery periods. The period of two working days is approximate. The Seller shall not accept any liability for a specific delivery date.
  3. The delivery period shall commence on the day after the expiry of the period established in Point 2.3 without the Supplier declining the request and is subject to the Purchaser meeting all its obligations. The Seller is, however, entitled to perform the contract sooner than this.
  4. The delivery period shall be accordingly extended if, through no fault of the Seller, obstacles arise for the Seller or third parties, such as mobilisations, war, major interruptions to operations, accidents, labour conflicts, natural disasters or similar or if the upstream supply from manufacturers or subcontractors is late or deficient.
  5. Delayed delivery shall in no event entitle the Purchaser to decline the delivery, withdraw from the contract or demand compensation for direct or indirect damages or lost profits.
  6. Changes are permitted to the products to be delivered after contract conclusion if it is not possible to influence this situation due to the changes being made by the manufacturer.

5 Transfer of benefits and risk, shipping and withdrawals

  1. The benefits and risk shall transfer to the Purchaser when the goods are ready for dispatch. If dispatch is delayed for reasons not attributable to the Seller, the deliveries shall be stored and insured at the Purchaser’s cost and risk from the time at which they are ready for dispatch.
  2. Shipping shall occur at the Purchaser’s cost and risk, including if the Purchaser has ordered multiple parts. The Purchaser must report any transport damage to the Seller within 24 hours of receiving the delivery. In the case of deliveries using the overnight express service, any complaints must be reported by 10 a.m. on the day of delivery. Otherwise, all liability for transport damage shall be declined.
  3. Goods shall not generally be accepted back. Excluded from this are goods that are returned within 30 days in new condition and in undamaged original packaging. In the case of goods returned between the 10th and 30th day after delivery, a cost contribution of 10% shall be deducted from the credit note. When making returns, the fully completed returns form and a copy of the delivery note must be returned with the goods. Returns are made at the Purchaser’s cost and risk. If the manufacturer imposes any charges, these must be borne by the Purchaser.

6 Retention of title

  1. The Seller shall retain ownership of the entire delivery until it has received the payments indicated on the invoice in full. The Purchaser authorises the Seller, at the Purchaser’s cost, to enter the retention of title in the official register and to fulfil all the related formalities.
  2. The Purchaser shall maintain the delivered items at its own cost during the period of retention of title and insure them against theft, breakage, fire, water or other risks to the benefit of the Seller. The insurance agreement must be presented on request. The Purchaser must also, under an obligation to provide compensation, provide the Seller without delay with written notification of any third-party claims relating to the delivered goods. The Purchaser shall furthermore take all necessary measures to prevent the Seller’s ownership entitlement from being impaired or revoked.

7 Warranty and liability for defects

  1. A 24-month warranty period shall apply with effect from the installation date. Warranty claims shall be forfeited if the Purchaser does not report a defect in writing within five days of its appearance. The warranty shall expire prematurely if the Purchaser or a third party performs improper modifications or conducts repairs without prior consultation with the Seller as well as in cases of breaches of the operating instructions, misuse, excessive strain, other reasons not attributable to the Seller or, should a defect occur, if the Purchaser does not immediately take all appropriate measures to mitigate the damage and give the Seller opportunity to remedy the defect.
  2. In the event of returns, the fully completed warranty form must be returned with the goods. The defect shall be remedied through a price reduction or replacement at the Seller’s discretion.
  3. The Seller shall only be liable for damage resulting from demonstrable fault of its own employees. All other Seller liability is excluded. In the case of material defects, liability shall only exist in the event of fraudulent concealment (Art. 199 OR).
  4. Financial compensation for labour costs must be claimed together with the warranty claim. Invoices submitted later will not be acknowledged.
  5. The hourly rate for warranty work is max. CHF 80.00 excl. VAT.
  6. The legal consequences of breaches of contract are conclusively regulated by these T&C. All entitlements to compensation, repair, termination of contract or withdrawal from the contract are excluded unless expressly regulated here. In no event shall the Purchaser be entitled to compensation for damages that are not incurred to the delivery item itself, for example production downtime, loss of use, orders or profits, or other indirect or direct damages. This exclusion of liability shall not apply in the case of unlawful intent or gross negligence by the Seller, but shall apply in the case of unlawful intent or gross negligence by auxiliary persons.

8 Data protection

  1. The data required for the business transaction [e.g. www.ec24.ch] shall be stored and passed to associated companies within the scope of order processing. Data can also be used for other purposes, e.g. marketing and statistics, but the Purchaser can withdraw its consent for this use of the data at any time.
  2. If the Purchaser independently processes personal data within the scope of using the online shop [www.ec24.ch], it shall be responsible for compliance with the data protection regulations.
  3. The Seller assumes no liability for the completeness and up-to-date nature of the data provided. The Purchaser undertakes to carefully handle the data generated by the system and confirms that it shall not perform any data processing beyond that required for the respective service.

9 Severability clause

Should individual provisions in these T&C be or become ineffective either in full or in part, this shall not affect the effectiveness of the remaining provisions. The ineffective provision shall be replaced by a valid provision that reflects the legal and economic content of the ineffective provision to the greatest possible extent.

10 Place of jurisdiction and applicable law

  1. The place of jurisdiction is that of the Seller’s head office. However, the Seller shall also be entitled to bring action against the Purchaser at its place of residence.
  2. The legal relationship shall be governed by substantive Swiss law under the exclusion of the United Nations Convention on the International Sale of Goods (‘Vienna Sales Convention’).