BAUWERK Parkett AG – General Terms and Conditions (GTCs)

Scope of application

These GTCs also apply to all orders transmitted to us via the Online Shop (http://de-shop.bauwerk-parkett.com/) and are an integral component of the contract for sale concluded between the customer as buyer and Bauwerk Parkett AG, Neudorfstrasse 49, 9430 St. Margrethen (hereinafter ‘BAUWERK’) as seller.

The products and services offered by BAUWERK are primarily targeted at customers who have their residence and delivery address in Switzerland, Germany or Austria. Deliveries to other countries are made in exceptional cases only.

Order terms and conclusion of the contract

The offers in the Online Shop merely represent non-binding invitations to buy the presented products.

By making their choice, compiling products in the shopping basket and sending off the order, customers are submitting a binding offer to buy the products in the shopping basket.

The contract between the customer and BAUWERK is not concluded before BAUWERK has accepted the customer’s offer. The acceptance required for the conclusion of the contract has been given once BAUWERK has sent an email confirming dispatch of the products to the customer. The email confirming receipt of the customer’s order, however, does not represent acceptance of the order by BAUWERK.

Products shall be delivered once BAUWERK has proof that the buyer has paid the purchase price.

BAUWERK reserves the right to refuse orders at its own discretion. In specific, orders shall not be accepted if (1) payment of the purchase price has not been authorised, (2) a product is out of stock or fails to comply with BAUWERK’s quality controls and must thus be withdrawn or (3) the customer fails to meet the criteria set out in these GTCs.

BAUWERK does not accept any orders from customers who are not yet 18 at the time of ordering.

Any liability due to a rejected order is excluded in all cases.

Prices

The prices and conditions specified in the Online Shop at the time of the order apply to the contract between the customer and BAUWERK, subject to changes and errors.

The prices are denominated in the currency shown. Unless otherwise stated, all prices include statutory VAT.

The shipping costs will be specified during the payment process.

Payment modalities

BAUWERK exclusively accepts the means of payment specified during the order process. These include, in particular, credit cards and Paypal.

Product delivery

All deliveries are carried out by the Schweizerische Post postal services.

Deliveries will not be made to P.O. boxes.

Products are delivered as soon as feasible in the normal course of business.

As a rule, delivery times in Switzerland, Germany and Austria amount to 3 working days. However, BAUWERK does not assume any liability for specific delivery dates.

In the case of deliveries in Switzerland, customers may track the progress of their package with the help of the Post Tracking number (https://www.post.ch/en) which is stated in the email confirming dispatch of the order.

The transfer of the risk takes place at the time of dispatch (as a rule upon transfer to the postal service).

BAUWERK may, in certain circumstances, be unable to deliver particular products (e.g. due to production problems or quality controls). Should this be the case, BAUWERK will notify the customer by email without delay and deliver the product as soon as possible. Alternatively, BAUWERK may offer to refund the purchase price.

Retention of ownership

Ownership of all delivered products remains with BAUWERK until full payment has been received from the customer.

Data protection

All customer data will be treated according to the applicable data protection regulations. BAUWERK’s Data Protection Guideline applies. Customers agree that the data will be processed in compliance with the Data Protection Guideline.

Intellectual property rights

BAUWERK or its respective partners hold all rights to the pictures, sound and texts on the the Online Shop’s website. Such pictures, sound or texts may not be used in any way without the express approval of BAUWERK.

Notice of defects

Customers are obliged to check their products immediately upon arrival and return any products with defects as well as notifying BAUWERK of such return in writing without delay.

Where customers fail to check their products, such products are deemed to be approved and any guarantee claims are excluded.

Should any defects arise at a later date, customers shall notify BAUWERK in writing as soon as such defects have been detected. Otherwise, the product will be deemed approved in respect of such defects.

Definition of defect and customers’ claims in warranty cases

Products may deviate slightly from their display in the online shop. Such minor deviations include, in specific, material-based deviations in the quality, colour, size or design of a product that are customary in the trade and technically unavoidable, or deviations due to different displays (e.g. colours) caused by different screen settings. Such deviations do not constitute defects.

If a product has a serious defect, BAUWERK may either repair it, replace it with an identical defect-free article or refund the purchase price.

Customers shall assert any warranty claims within 6 months of the product’s delivery. If a consumer contract as defined by Art. 210 (4) of the Swiss Law of Obligations applies, the warranty claim expires 2 years after delivery.

Cancellation

Customers are entitled to return products within 30 days of their delivery provided the product is sent back in its original packaging in immaculate, unused condition. The dispatch date is sufficient for compliance with the 30-day period.

Purchase price payments are only refunded if the returned product can be identified via the dispatch note. Customers must keep the dispatch note and enclose it (or at least a copy) with the return package if they want to make use of their right to cancellation.

Repayments are made in the form chosen by the customer and will be authorised once the returned product has arrived at the BAUWERK warehouse. Customers will receive an email confirming that the product has arrived and the repayment has been authorised.

BAUWERK’s Worlds of Parquet do not accept any returns.

Aside from the cancellation right described in the above section, customers have no further right to exchange their products.

Special provisions applicable to customers resident in the EU

Mandatory consumer protection regulations may apply to customers resident in the EU (e.g. in respect of the applicable law or place of jurisdiction).

In specific, customers resident in the EU have a right of cancellation pursuant to the following provisions:

Right of cancellation: Customers may cancel the contract within 14 days without stating any reasons. The cancellation must be in written form (e.g. letter, fax, email) or may be effected by returning the article if the latter was received before expiry of the cancellation period. The cancellation period commences upon receipt of these instructions in written form, not however before the recipient has received the article (in the case of recurrent deliveries of similar articles not before the first delivery) nor before BAUWERK has met its information requirements and other obligations. The cancellation deadline has been complied with if the cancellation notice, or the article, has been sent off before expiry of the deadline. All cancellations shall be addressed to: BAUWERK AG, Neudorfstrasse 49, 9430 St. Margrethen.

Effect of cancellation: In the case of an effective cancellation, all goods or services received by either party shall be returned and any benefits derived therefrom (e.g. interest) shall be surrendered. Where customers cannot return the goods either partially or entirely or can only return them in worse condition, they shall compensate BAUWERK for lost value where appropriate. Customers are only obliged to compensate BAUWERK for a deterioration of the article and for any benefits derived to the extent that the use or deterioration is due to handling of the article beyond the ascertainment of the article’s properties and functions. In all other respects, customers may avoid the duty to pay compensation for any deterioration caused by utilisation according to the article’s intended purpose by refraining from using the article as if it was their property and avoiding any actions that may impair its value. Articles suitable for dispatch by parcel post shall be returned at BAUWERK’s risk. Customers are responsible for the postage if the delivered article is consistent with the ordered article and the price of the returned article does not exceed EUR 40 or if, in the case of more expensive goods, no consideration has been provided or contractually agreed part payment made at the time of cancellation. Otherwise, the return consignment is free of charge. Articles that are not suitable for dispatch by parcel post will be collected. Obligations to refund payments shall be met within 30 days. In respect of customers, the 30-day period commences on the date they sent off the notice of cancellation, or the article, in BAUWERK’s case upon receipt of the same.

Exclusion of liability

BAUWERK is liable for intentional or grossly negligent damage vis-à-vis its customers. Any further liability has been expressly excluded. In specific, any liability for damage caused by vicarious agents employed by BAUWERK is excluded to the extent admissible by law.

Severability clause

If a provision of these GTCs is invalid, this shall not affect the validity of the the remaining provisions. Any invalid provision shall be replaced with a provision of similar content that most closely approximates the purpose of the original provision.

Hierarchy clause

In the case of ambiguity and/or contradictions, the German version of the GTCs shall prevail.

Applicable law and place of jurisdiction

Swiss material law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG), shall apply to all disputes arising between customers and BAUWERK.

Unless prevented by mandatory provisions regarding the place of jurisdiction, the place of jurisdiction is St. Gallen.

Final provisions

BAUWERK may amend these GTCs without prior notice at any time.

The version of the GTCs valid at the time of the order shall prevail. BAUWERK recommends that customers make a copy of the GTCs upon submitting an order.

As per 1 November 2016