Terms of Service
§1 Validity of the conditions
The deliveries, services and offers from SET HANDELS GMBH AG are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. When the goods or services are ordered, these conditions are deemed to have been accepted. The buyer’s general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
§2 offer and conclusion of contract
The offers of SET HANDELS GMBH AG in price lists and advertisements are subject to change and non-binding. Orders are only binding for SET HANDELS GMBH AG after they have been confirmed in writing. Offers such as checked returns and sales are excluded from the liability of availability. The information in our sales documents (drawings, images, dimensions, weights and other services) are only to be understood as guidelines and do not represent an assurance of properties, unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation. SET HANDELS GMBH AG does not sell alcoholic beverages to young people under the age of 16 and no spirits to young people under the age of 18.
The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In the case of delivery bottlenecks and errands, the daily price on the day of the order applies. Unless otherwise agreed, the prices are exclusive of transport costs, including statutory VAT. The current prices are published in the online shop, price changes and errors reserved.
§4 delivery and performance time
Dates and delivery times are non-binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by SET HANDELS GMBH AG is subject to correct and timely delivery to SET HANDELS GMBH AG by suppliers and manufacturers.
§5 default of acceptance
If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, SET HANDELS GMBH AG can refuse to fulfill the contract and demand compensation for non-fulfillment. SET HANDELS GMBH AG is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage from the buyer.
During delivery and assembly, access to the goods must be guaranteed by the customer.
Visible differences in quantity must be reported to SET HANDELS GMBH AG and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment.
§7 Transfer of Risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the dispatch is delayed or impossible through no fault of ours, the risk is transferred to the buyer with the notification of readiness for dispatch. If SET HANDELS GMBH AG accepts the transport costs as agreed in individual cases, this has no influence on the transfer of risk.
The warranty in accordance with the following provisions is 2 years unless otherwise expressly agreed in writing. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are exchanged or consumables are used that do not correspond to the original specifications, then any warranty is void if the defect can be traced back to this. This also applies if the defect is due to improper use, storage and handling of the devices, or external interference or the opening of devices. Insignificant deviations from the warranted properties of the goods do not trigger any warranty rights. A liability for normal wear and tear, as well as consumables / accessories / enclosed batteries / rechargeable batteries is excluded. Warranty claims against SET HANDELS GMBH AG are only available to the direct buyer and are not transferable.
For returns, we require that the defective part or device with a completed repair form and a copy of the invoice with which the device was delivered be sent or delivered to SET HANDELS GMBH AG for repair. A return of products by the customer requires the prior consent of SET HANDELS GMBH AG and is at the customer’s expense and risk. The products must be returned in their original packaging and accompanied by a detailed description of the faults / defects and a return number. Products that we procure at the customer’s request and opened software cannot be returned. The exchange of parts, assemblies or entire devices does not result in any new warranty periods. The guarantee is limited exclusively to the repair or replacement of the damaged delivery items. When sending the devices to be repaired, the buyer must ensure that the data on them are backed up by copies, as these can be lost in the event of repairs.
§10 retention of title
The delivered goods remain the property of SET HANDELS GMBH AG until they have been paid for in full.
Depending on the agreement, invoices are payable cash on delivery, cash or within 10 days strictly net, unless otherwise agreed. Delivery is generally carriage forward, ie at the expense of the buyer by parcel post, forwarding agent or his own vehicle, unless expressly agreed otherwise. A payment is only considered to have been made when we can dispose of the amount. Checks are only accepted on account of performance and only count as payment after they have been cashed. If the buyer is in default, we are entitled to charge interest at a rate of 5% from the relevant point in time. During the duration of the delay, SET HANDELS GMBH AG is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages if the contract is no longer valid. All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases we are entitled to withhold outstanding deliveries or to only carry them out against advance payment or securities.
§12 Limitation of Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are excluded both against us and against our vicarious agents, unless there is intentional or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
§13 Copyrights / Software Warranty
If software is part of the scope of delivery, it is left to the buyer for one-time resale or for his own use, ie he may neither copy it nor allow others to use it. Software is excluded from all warranty conditions on forms. The provisions of the manufacturer’s license agreement apply exclusively. Companies, brands, trademarks, trade marks, images and logos used on this site are the property of their respective owners.
§14 data protection
The data protection declaration is an integral part of these terms and conditions. By accepting these terms and conditions, you also declare that you agree to the data protection declaration.
§15 place of jurisdiction
Lucerne is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.