Terms and conditions
General Terms and Conditions for VENTA Luftwäscher AG
This text has been translated from German. The original German version of the GTC is binding.
1. General, scope of application
1.1 The General Terms and Conditions (GTC) of Venta Luftwäscher AG (abbreviated to: VENTA) shall apply in the currently valid version to all contracts, deliveries and services vis-à-vis all natural and legal persons who act vis-à-vis VENTA in the exercise of their commercial or self-employed professional activity (hereinafter also: customers), as well as to all offers, purchase contracts, deliveries and services based on orders placed by customers via the online shop "www.venta-air.com/en_ch" (hereinafter: webshop). The Terms and Conditions shall also apply to all future business transactions between VENTA and the Customer, unless excluded by mandatory law.
1.2 General terms and conditions of business or purchase of the customer, including those governing items not mentioned in these GTC, are hereby expressly rejected by VENTA. The customer's general terms and conditions of business or purchase shall only be deemed accepted if VENTA has previously expressly agreed to their validity in writing. In the event that the customer's terms and conditions of business contain provisions on which the following GTC are silent, only the relevant dispositive law shall apply and under no circumstances a deviating condition of the customer. These GTC shall also apply if VENTA carries out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from these GTC. Deviations from, amendments to and additions to these GTC shall be made with effect for VENTA exclusively by the managing director(s) of VENTA entered in the Commercial Register as authorised representatives or by the board of directors of VENTA endowed with individual signatures. Verbal agreements and declarations by other persons who have not been specifically authorised to do so by the Managing Director(s) or Board of Directors of Venta shall only be effective if they are confirmed in writing by the Managing Director(s) or Board of Directors of Venta.
2. Conclusion of contract
2.1 The presentation of the products in the online shop is non-binding. It does not constitute an offer to conclude a purchase contract, but an invitation to place an order. By completing the order (which requires prior registration and acceptance of these General Terms and Conditions), the customer places a binding order for the goods listed on the order page and thus an offer of a purchase contract with VENTA. Legally binding contracts are concluded exclusively through the order confirmation of VENTA. If the customer does not receive a separate order confirmation, the delivery note of VENTA shall be deemed to be the order confirmation. The sending of an order confirmation is equivalent to the execution of the ordered service.
2.2 VENTA products are always oriented towards technical and sales-related progress. We reserve the right to make changes in the technical execution and design of the respective VENTA product without special notification to the customer, provided that the value and usability of the VENTA product ordered by the customer are not significantly impaired.
3. Right of return
3.1 VENTA allows all customers, irrespective of the existence of a right of withdrawal, to return delivered items to VENTA within 14 days of delivery. The return can be made via DHL or post with the enclosed invoice.
3.2 VENTA products with the serial number LW 15, LW 25, LW 45 as well as accessories can be returned via DHL or Post A. The invoice must be enclosed. VENTA products with the serial identification LW 80 can be returned by collection from the place of delivery by a forwarding company commissioned by VENTA against payment of an invoice. This requires a corresponding collection request from the customer to Venta by e-mail in[email protected] or by telephone on 041 781 15 15.
3.3 Venta shall accept the return of any item sent provided that the goods have been stored in an appropriate manner by the customer prior to their return. VENTA will only accept the return of items if they are in their original condition and show no signs of use. This also means that items must not be damaged, soiled, altered or show any other signs of use and that all labels, if any, are still intact.
3.4 The return can only be made to:
CH 6331 Hünenberg
3.5 The aforementioned right of return does not apply to contracts for the delivery of goods that are made to customer specifications or are clearly tailored to the personal needs of the respective customer.
3.6 If items purchased online are returned, we will refund the purchase price within 30 days. Funds will be refunded via the same payment method as previously transferred to VENTA. If payment was made by credit card, VENTA will credit the balance to the credit card originally used. The same applies to payments by bank transfer. If payment was made by cash on delivery, the amount will be refunded to this account within 30 days of the return and notification of an account connection by the customer.
4. Purchase price; Payment modalities
4.1 Unless otherwise stated, our prices are inclusive of VAT. All our prices are quoted in Swiss francs. We reserve the right to change prices at any time.
4.2 Unless expressly agreed otherwise, VENTA shall deliver only against advance payment (by bank transfer or credit card) or cash on delivery, in each case with the corresponding invoice. If VENTA agrees with the customer on payment after delivery, VENTA shall issue the invoice on the day of dispatch; if the dispatch is delayed for reasons for which the customer is responsible, the invoice shall be issued on the agreed delivery date.
4.3 By confirming these GTC, the customer expressly agrees to invoices being sent by e-mail. The customer may request that the invoice be sent in paper form. Invoices from VENTA are due for payment within seven days of the invoice date. The handing over of a cheque or bill of exchange shall not be considered as payment, but only on account of performance.
4.4 The customer's right to set-off is excluded, unless the set-off is made with a legally established or undisputed counterclaim.
5. Shipping costs; Delivery of the goods; Delivery dates
5.1 The customer shall bear the costs of shipping the ordered VENTA products to the place designated by the customer. VENTA shall charge a one-time flat rate shipping fee per order, even if several partial deliveries are made. The amount of the shipping costs depends on the respective ordered VENTA products. Flat-rate shipping charges corresponding to the weight shall apply. If different articles with different flat rates are ordered within one order, the higher flat rate shall be charged once for each order.
5.2 Deliveries are made to the delivery address specified by the customer, but only within Switzerland. Deliveries abroad are not possible on the basis of online orders in the webshop. Unless expressly agreed otherwise, VENTA shall determine the appropriate mode of dispatch and the transport company at its own discretion.
5.3 VENTA is solely responsible for the timely and proper delivery of the goods to the transport company. VENTA shall not be responsible for delays caused by the transport company, unless there is a mandatory legal provision to the contrary. Delivery dates or periods of time for shipment stated in the web shop or within these GTC are therefore non-binding as long as no mutually agreed, explicit agreement on a specific delivery date is concluded. Normally, the goods are dispatched within 3 weeks of the conclusion of the purchase contract.
5.4 If the goods are marked as in stock in the web shop when the offer is made by the customer and the delivery is made against advance payment, VENTA shall keep the goods in stock within a period of five working days after acceptance of the offer; if payment of the full purchase price (including VAT and shipping costs) is not received by VENTA within this period, VENTA shall be entitled to sell the goods at any time. In this case, the goods will only be dispatched within the specified period of five working days while stocks last. Otherwise, a period of three weeks from receipt of payment of the full purchase price (including VAT and shipping costs) shall be deemed to have been agreed for shipment.
5.5 In the event that a supplier of VENTA fails to deliver goods to VENTA in due time which were marked as out of stock on the offer page in the web shop when the order was placed by the customer or which were sold out in accordance with clause 5 of these GTC, the relevant period until delivery by the supplier pursuant to clause 5 of these GTC shall be extended by at least two (2) working days, but by a maximum period of three weeks. The prerequisite for this extension of time is that the goods are immediately reordered and that VENTA is not responsible for the delay in delivery by the supplier.
5.6 If the goods cannot be delivered or cannot be delivered in time, VENTA shall notify the customer immediately. The delivery period shall be extended in a reasonable manner in the event of delayed self-delivery to VENTA by its suppliers through no fault of VENTA, in the event of force majeure (e.g. natural disasters or riots) or strike, industrial action, operational disruptions, shortage of material or energy through no fault of VENTA or similar events through no fault of VENTA which prevent delivery. If these circumstances result in an impediment to performance that is not merely temporary, VENTA shall be entitled to withdraw from the contract. If the hindrance lasts longer than two months, the customer shall be entitled to withdraw from the contract with regard to the part not yet fulfilled, but with regard to the part already fulfilled only if acceptance of the partial performance is unreasonable for him. In the event of withdrawal, VENTA shall reimburse the customer for any payments made within a reasonable period of time.
5.7 The customer's statutory rights due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions within these GTC.
5.8 If changes to the content or scope of the product delivery are agreed by mutual consent after conclusion of the contract, the delivery period for the entire delivery shall start anew at the time of the change. VENTA shall be entitled to deliver before the delivery date.
5.9 VENTA is entitled to make partial deliveries of separately usable products included in an order, provided they are reasonable for the customer. The additional shipping costs caused thereby shall be borne by VENTA.
6. Retention of title
6.1 All goods shall remain the property of VENTA until the purchase price has been paid in full. VENTA is entitled to make a corresponding entry in the retention of title register. The customer expressly agrees to the entry of a reservation of title. If the customer is in default with the payment of the purchase price, VENTA shall be entitled to withdraw from the contract by means of a declaration of withdrawal and to demand the return of the products still owned by VENTA. The costs of the return delivery shall be borne by the customer. In addition, the customer shall pay a handling fee of 5% of the purchase price, but at least CHF 100.
6.2 The customer is not entitled to resell the delivered goods subject to retention of title without prior written consent. In the event of any resale, the customer hereby assigns to VENTA the claims arising from the resale in respect of the purchase price payable to VENTA. The assignment shall apply including any balance claims of the customer against its customer or debtor. However, the assignment shall only apply to the amount corresponding to the price invoiced by VENTA for the VENTA product. The share of the claim assigned to VENTA shall be satisfied with priority. VENTA hereby authorises the customer to collect the claims thus assigned in the ordinary course of business, whereby this authorisation may be revoked at any time for good cause, in particular in the event of default in payment, cessation of payment, opening or filing of bankruptcy proceedings or imminent insolvency of the customer.
6.3 If a justified interest is substantiated, the customer shall provide VENTA with the information required to assert its rights against the customer or debtor and hand over the necessary documents.
6.4 In the event of seizure, attachment or intervention by a third party, the customer shall notify VENTA immediately.
6.5 In the event of breach of duty by the customer, in particular in the event of default in payment, VENTA shall be entitled, even without setting a deadline, to demand the surrender of the delivered VENTA products and / or to withdraw from the contract; the customer shall be obliged to surrender the products. The demand for return by VENTA does not constitute a declaration of withdrawal from the contract, unless this is expressly declared.
7. Liability committee and warranty
7.1 VENTA shall only be liable for claims for damages in the event of intent or gross negligence. Liability for slight negligence is excluded. In particular, VENTA shall not be liable for errors in illustrations, prices, texts or due to late or non-delivery. The customer is obliged to inspect the goods immediately upon receipt and to notify VENTA in writing of any defects within seven days of receipt of the goods. In the event of a warranty claim, VENTA reserves the right to fulfil the warranty claim by rectification, replacement delivery or price reduction at our discretion. The customer must always prove the existence of the defect at the time of handover. The warranty period is 1 year from delivery of our goods. In all other respects, any warranty is excluded to the extent permitted by law.
7.2 All warranty claims are subject to the condition that the VENTA products are properly installed and put into operation and that they are used in strict compliance with the recommendations for use and the operating instructions of VENTA. The VENTA products must not be exposed to chemical or electrochemical effects of water or abnormal, harmful environmental conditions. Such influences on the VENTA product do not constitute grounds for a material defect claim against VENTA. Damage resulting from repairs, modifications or other interventions not carried out by an authorised VENTA dealer, improper handling / use and insufficient maintenance of the VENTA products as well as operating errors do not constitute a material defect and do not justify any material defect claims against VENTA. Even if components or accessories not authorised by VENTA cause damage or malfunctions, this shall not constitute a material defect for which VENTA is responsible.
7.3 In principle, the defective item must be sent to VENTA. VENTA shall return the VENTA product removed or replaced by the defect to the customer. Replaced parts shall become the property of VENTA. Only for stationary (fixed) large units shall VENTA carry out the repair at the place of installation. If VENTA no longer carries the defective product in its range, it shall be entitled to refer the customer to its claims for reduction of the purchase price and withdrawal from the purchase contract. The expenses necessary for the purpose of repair shall be borne by the customer insofar as they are increased by the fact that the delivery is taken to a place other than the customer's place of business, unless the transfer of the goods corresponds to their intended use.
8. Collection, Storage and processing of data; Data protection
To the extent necessary to fulfil and process the contractual relationship between the customer and Venta, Venta shall store and process the customer's data in accordance with the provisions of the Federal Data Protection Act (DSG).
9. Final provisions
9.1 Conclusion and execution of the contract shall be in German. The contract of sale between Venta and the customer shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is 6300 Zug, Switzerland.
9.2 Neither party is entitled to transfer its claims arising from the contractual relationship to third parties without the consent of the other party. This does not apply to monetary claims.
9.3 Amendments and supplements to the contract as well as ancillary agreements must be made in writing. This shall also apply to any amendment of this written form requirement.
9.4 Should one or more points of these GTC be or become invalid, this shall not affect the validity of the remaining points and the validity of the contract in its entirety. The invalid provision shall be replaced by a provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid provision.
Status: December 2022
Venta Luftwäscher AG
Telephone: +41 41 781 1515
Telefax: +41 41 781 1550