Anyone who places an order via the Online Shop www.shop.lehmann-trub.ch accepts the following Terms and Conditions of Use (AGB) of Bruno Lehmann AG, Trub (hereinafter LT) in the version valid at the time of the order.
These AGB apply exclusively. Any opposing or supplementary agreements or agreements deviating from these AGB are only binding when they have been agreed upon in writing and accepted by LT with a legally effective signature.
2. Delivery area
Original replacement parts are supplied by LT to customers in Switzerland and Liechtenstein only. All other products are sold worldwide.
3. Promotions in the Online Shop
The presentation of the products in the online shop is not a legally binding offer.
LT endeavours to continuously update the online shop. However LT cannot guarantee that the products are always available and ready for dispatch. Changes can be made at any time to prices and the range of products as well as to technical details.
All details (product descriptions, figures, mass, weights, technical specifications, etc.) are to be understood as merely approximate values and in particular do not provide any warranties of quality or guarantees, unless explicitly stated.
The prices in the online shop at the time of the order apply. The prices are quoted net in Swiss francs or euros excluding value-added-tax (VAT), any possible anticipated recycling fees and packaging and shipping costs.
Packaging and shipping costs are charged separately and are listed as such on the invoice.
For customers outside of Switzerland and Liechtenstein, the shipping costs are detailed in the order acknowledgement.
Online ordering by a customer is deemed to be a binding offer to LT to conclude a contract. The customer shall receive an automatic confirmation of receipt.
If a product is temporarily unavailable, the customer is informed of this via e-mail. Any claims are excluded.
A contract only comes into force at the time when the delivery is confirmed and guaranteed by LT via e-mail to the party placing the order.
LT is authorised to request advance payment and to postpone the delivery until payment has been received.
6. Methods of Payment and Due Dates
Payment must be made to the bank or postal accounts stated by LT. Payment is deemed to be received as soon as the credit entry to LT appears.
For deliveries on invoice, the invoiced amount must be paid within 30 days from the date of invoice without any discounts (e.g. cash discounts). If payment is not made within the payment terms, then the party ordering is immediately in default and may be subject to an interest on arrears of 5% per year. The first warning may be charged at CHF/EUR 10.00, all further warnings may be charged at CHF/EUR 20.00.
7. Delivery/Benefits and Risks
The ordered products will be shipped to the address provided by the customer by post, courier service or forwarding agent. When the goods are handed over to the carrier, the benefits and risks are transferred to the customer. LT is liable for flawless packaging, but not for the loss of goods in transit, damage in transit, etc.
If delivery cannot be made or if the customer refuses acceptance thereof, LT is authorised to specify, via e-mail, a period of grace for the customer to return the goods to Trub. If this latter deadline is allowed to lapse, LT may withdraw from the contract. The expenses incurred may be invoiced to the customer.
8. Delivery Dates
LT endeavours to handle the orders at the most within 3 working days after the delivery has been assured (formation of the contract) and to transfer the goods to the shipping department. LT does not assume any liability for the shipping time.
LT shall inform the customer if the delivery is to be delayed by more than 10 working days. In this case, the customer is authorised to cancel his order in writing via e-mail or letter. No other claims arise from delayed delivery or (partial) failure of delivery.
9. Right of Return
The customer has the right to return any replacement parts which are not required or are not suitable within 10 working days after delivery was made. The product must be returned in its original packaging, clean, undamaged, complete with any accessories and unused. The customer must ensure that the return delivery slip, duly filled in, is enclosed.
Return deliveries to LT are at the customer’s risk and expense.
The following items are exempt from the Right of Return:
- articles containing electronic components (such as a control box),
- special orders, and
- custom products.
If a return is permissible, the customer’s account shall be credited, but there shall be no cash payback.
The customer should examine the order products as soon as they are received and inform LT in writing via e-mail or letter of any product defects or deviations from the order within 3 working days. The alleged defects should be detailed. Otherwise, the goods will be deemed to have been accepted. After expiry of this period of examination, only non-apparent defects (which cannot be seen during normal examination) can be asserted. The warranty lasts for 1 year after acceptance of the delivery.
The rejected goods are to be returned to LT. If the objections are legitimate, the costs of return delivery will be credited to the customer.
If the objections about defects are justified, LT will either replace the parts with ones of equal value or refund the sales price. Any further claims are excluded, in particular any liability for consequential loss of any kind (e.g. unnecessary assembly costs).
Excluded from the warranty are damage in transit, damage through normal wear, inadequate maintenance, incorrect installation, improper use or disregard for the installation or operation instructions.
11. Data Protection
The customer is not authorised to settle delivery invoices with their own claimed outstanding accounts.
13. Applicable Law and Place of Jurisdiction
The legal relationship between LT and the customer shall be governed exclusively by Swiss law, excluding conflict of laws rules and the Vienna Convention.
The exclusive place of jurisdiction is Trub.
Trub, 10 March 2015