GTC
General Terms and Conditions (GTC) of Sorenos GmbH
Sorenos GmbH, Feldweg 9, 8623 Wetzikon / www.sorenos.ch
A. General / Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contractual/business relationships between the customer, client, ordering party, advertising technician (hereinafter referred to as "Customer/s") and Sorenos GmbH, Feldweg 9, 8623 Wetzikon (hereinafter referred to as "Sorenos"), unless explicitly agreed otherwise.
These GTC shall apply if they have been explicitly agreed or made generally known to the Customer prior to the conclusion of the contract, whether in particular by being activated and accepted by the Customer when creating the user account, by being printed on order confirmations or similar, by being activated on the website (https://www.sorenos.ch) or in any other way. By accepting the offer / completing the order process, these GTC shall become part of the contractual agreement between Sorenos and the customer. These GTC shall also apply to additional orders, even if they are not expressly agreed again. Any comments/adjustments made by the Customer shall not be deemed accepted without an express written declaration by Sorenos.
Sorenos reserves the right to amend these GTC at any time. The version of these GTC applicable at the time of the order shall apply.B. Conclusion of contract
1. conditions of the contract
1.1 Sorenos offers in particular films, blanks, tools and all other products, services and the like (hereinafter only: "Products").
1.2. Sorenos's offers (all products offered in the online store in particular, hereinafter referred to as "offer(s)") are aimed exclusively at customers with their registered office / place of residence in Switzerland. The offer is valid as long as the product is available in the online store and stocks last.
1.3 It is also a prerequisite for the conclusion of a contract that the customer has a user account (whereby Sorenos reserves the right to refuse to create a user account at its discretion and without giving reasons), accepts these GTC without reservation, has taken note of Sorenos' privacy policy and, in Sorenos' opinion, has a sufficient credit rating.2 Conclusion of contract through acceptance of the offer by the customer
2.1 The contract is concluded immediately by placing the order by e-mail, telephone, etc. or by the customer completing the order himself in the online store. In the case of orders placed by e-mail, telephone, etc., the customer expressly agrees that Sorenos and/or its employees, auxiliary persons or generally authorized agents of Sorenos may place the order for and on behalf of the customer in the customer's user account. In the event of discrepancies in the order created for the Customer, the Customer must respond immediately and request a correction in writing - otherwise the order shall be deemed approved.
2.2 However, the conclusion of the contract is subject to the condition subsequent (the contract is terminated retroactively / ex tunc in the event of) an incorrect price quotation or a prior or subsequent impossibility of delivery. Possible order confirmations are generated automatically and do not constitute a promise that the contract will be valid and/or that the product can actually be delivered.
C. Prices / delivery / terms of payment
3. Prices
3.1 The product prices stated in the online store or otherwise and all other prices associated with the contract are in Swiss francs (CHF) and include any statutory value added tax (incl. VAT) that may be due.
3.2 The price applicable at the time of conclusion of the contract shall be decisive in each case. Sorenos reserves the right to change the prices at any time. All information provided by Sorenos as a guide is non-binding and is intended only as an estimate of the order of magnitude.
3.3 The shipping costs include packaging material, but do not include transport/freight insurance and the like. At the customer's request, it is usually possible to take out transport/freight insurance. In this case, the customer must make a note of this when placing the order or contact Soneros immediately afterwards. Sorenos will endeavor to inform the customer as quickly as possible (usually within 48 hours at the latest (excluding Sundays and public holidays)) whether and on what terms transport/freight insurance is possible.4. Delivery
4.1 Delivery is usually made by courier (e.g. PDP) or Swiss Post.
4.2 At the customer's request, it is usually possible to arrange an individual express delivery. In this case, the customer must make a note of this when placing the order or contact Soneros immediately afterwards. Sorenos shall endeavor to inform the customer as quickly as possible (usually within 48 hours at the latest (excluding Sundays and public holidays)) after the customer's request whether express delivery is possible and under what conditions.
4.3 Transportation/delivery shall be at the expense and risk of the Customer. Sorenos is entitled to make partial deliveries without giving reasons. The delivery date stated in the online store, in the order or otherwise is merely a non-binding, provisional indicative delivery date. Withdrawal from the contract and claims for damages (including loss of profit, consequential costs and contractual penalties, etc.) due to late and/or incomplete and/or faulty delivery are excluded in full.
5. terms of payment / payment methods
5.1 Unless otherwise agreed in writing, the payment period shall be 30 days net from the invoice date. The payment period is an expiry date (from the invoice date). If the customer does not meet its payment obligation on time, it shall be in default without further ado and shall owe the statutory default interest. In addition, Sorenos is entitled to charge a reminder fee of CHF 100.00 per reminder from the second reminder. In addition, all costs in connection with the collection of overdue payments shall be borne by the customer and Sorenos shall in any case be fully indemnified by the customer.
5.2 Sorenos shall be entitled, at its discretion and without giving reasons, to demand advance payment and one or more invoices on account from the Customer. The Customer agrees that Sorenos may carry out a credit check on the Customer at any time and without giving reasons.
5.3 The products shall remain the property of Sorenos until full payment has been made by the Customer to Sorenos. Sorenos shall be entitled to make a corresponding entry in the retention of title register.
D. Liability / warranty / offsetting and assignment
6 Liability / Warranty
6.1 Sorenos shall be liable to the Customer solely for the careful execution of the cuts in accordance with the Customer's specifications. Sorenos shall only be liable for damage caused by gross negligence or fault on the part of Sorenos itself. Liability for damages shall in any case be limited to the foreseeable, typically occurring, direct damage.
6.2 The Customer must inspect the products immediately upon receipt for correctness, completeness, quality, delivery damage, etc. and report any complaints to Sorenos immediately in writing, otherwise the delivery receipt/delivery/product shall be deemed approved.6.3 With regard to the products (quality, adhesive strength, properties, etc.), the product-specific warranty provisions of the respective manufacturer shall always apply. Sorenos shall (as far as possible) assign to the customer all warranty rights to which it is entitled vis-à-vis its own suppliers/manufacturers and shall support the customer as far as possible (against indemnification of Sorenos) in enforcing the corresponding rights.
6.4 Compensation for indirect damages, consequential damages and other financial losses (loss of profit, contractual penalties, etc.) is excluded. Any liability for errors by suppliers and other auxiliary persons as well as defective products is excluded to the extent permitted, and liability for consequential damages and all associated costs is generally excluded and excluded (to the extent permitted).
6.5 In all other respects, the liability of Sorenos and the liability of its auxiliary persons is excluded to the extent permitted by law. Sorenos shall not be liable for indirect or consequential damages.All costs incurred due to improper use and/or disregard of the (manufacturer's) information, non-compliance with the law and/or use of the products contrary to the contract (in particular also consequential and accompanying costs, third-party costs, procedural costs, etc.) shall be borne in full and exclusively by the Customer.
6.6 In any case, the customer must notify us immediately in writing of any points it considers to be defects, stating the exact points complained about, otherwise the product (including these points) shall be deemed to have been accepted without reservation.
7. Offsetting and assignment
7.1 Sorenos shall be entitled to set off all claims existing against the Customer against any counterclaims of the Customer. The Customer may only offset any claims to which it is entitled against Sorenos to the extent that this claim against Sorenos has been recognized by Sorenos in writing or has been established by a legally binding court decision.
7.2 Sorenos is also expressly authorized to assign this contract or the rights arising from it in whole or in part to third parties. The Customer may not assign claims arising from the individual contract and/or these GTC to third parties without the Contractor's consent.
8. Termination for good cause / premature termination (extraordinary termination)
8.1 Sorenos shall be entitled to terminate all business relationships with the Customer at any time without notice for good cause and/or to withhold products not yet delivered or to refrain from delivery altogether and/or to temporarily deactivate or completely delete the user account.
8.2 An important reason exists in particular in the event of bankruptcy/insolvency, payment arrears of the customer of more than 60 days (provided that at least two reminders have already been sent).
8.3 Both parties are entitled - subject to a notice period of 3 months - to terminate the business relationship at any time and/or to temporarily deactivate or completely delete the user account, whereby the orders/contracts already agreed up to the time of termination must be fulfilled.
E. Final provisions
9. Data protection
9.1 The protection and confidential handling of personal data is a key concern for Sorenos and Sorenos strictly adheres to the applicable legal provisions.
9.2 The Customer agrees until further notice that Sorenos may communicate electronically (e.g. by email, SMS, messenger, etc.).
9.3 With regard to the collection and processing of data, the current Sorenos Privacy Policy shall apply, which can be viewed, downloaded and saved on the website (link: https://sorenos.ch/pages/datenschutz), among other places.
10. changes / adjustments
10.1 Amendments and/or additions to these GTC are possible at any time, but must be made in writing, which also applies to the written form requirement itself. Sorenos may amend/adapt these GTC at any time without giving reasons - subject to any notice periods.
10.2 In this case, the Customer shall be informed of the amendment/adjustment of the GTC in an appropriate form (e.g. by e-mail and posting on our website) and/or the amended/adjusted GTC shall be sent to the Customer, e.g. by e-mail.
10.3 The amended/modified GTC shall be deemed accepted if the (permanent) customer explicitly confirms their acceptance (e.g. by placing the next order) or if the customer has not objected to them in writing (e-mail is sufficient) to Sorenos within one month of notification.
11. severability clause
11.1 Should individual provisions of these GTC prove to be or become ineffective, invalid or unenforceable in whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall remain unaffected.