General Terms and Conditions of Sale
L‑SHOP‑TEAM Schweiz AG
§ 1 General, Scope
- These general terms and conditions of sale (hereinafter “T&Cs”) apply to all business relationships with our customers. The version current upon contract conclusion shall apply. This can be viewed at www.l-shop-team.ch. The T&Cs shall also apply to all future contracts governing the sale and/or delivery of goods and chattels with the same buyer without us needing to refer to them in each individual case.
- Our T&Cs shall apply exclusively. General terms and conditions of any nature of our customers shall not form part of the contract, even if we have not objected to such in individual cases.
- Legal statements and notices issued to us by the customer upon contract conclusion (e.g. deadlines, reminders, notices of defects, notification of withdrawal or reduction) must be in writing to be effective.
- Notification by e-mail shall fulfil the requirement of the written form.
- References to the applicability of statutory provisions have only a clarifying meaning. Statutory provisions shall apply even where such clarification is absent, insofar as these T&Cs do not deviate therefrom or their application is excluded.
§ 2 Contract Conclusion, Calculation, Price and Payment Conditions
- Our quotations are subject to change and are non-binding. This also applies to catalogues, product descriptions and other documentation, including in electronic format, that we have provided to the customer, and we assert our property rights and copyright over such. Unless otherwise agreed in individual cases, our pricing (from stock) current at the time of contract conclusion shall apply plus VAT.
- The ordering of goods by the customer shall be considered a binding contractual offer.
- Acceptance is upon our written confirmation of order or by delivery of the goods to the customer.
- Unless otherwise expressly agreed, invoices shall be sent by e-mail attachment in PDF format. The invoice date shall be the date of sending. The purchase price shall become due upon delivery of the goods. Payment conditions shall include a 2% discount if paid within the first 8 days or strictly net within 30 days. Instead of the customary payment arrangements, we may also supply the goods based on prepayment or payment-on-delivery.
- The customer shall be considered to be in default of payment beyond the 30-day payment term without requiring a reminder. Interest at a rate of 10% p.a. shall apply to the purchase price while in default of payment. The customer shall be required to pay a default charge of CHF 20.00 per overdue notice for the second and any further notice issued. Should the customer fail to pay the amount due, we shall be entitled to engage a collection agency. The costs of such shall be charged to the customer.
- Ist nach erfolgtem Abschluss des Vertrags erkennbar, dass unser Anspruch auf Bezahlung des Kaufpreises gefährdet ist, sind wir berechtigt, ohne Fristansetzung vom Vertrag zurückzutreten.
- If after contract conclusion it becomes evident that our claim to payment of the purchase price is threatened, we shall have the right to withdraw from the contract without observing a notice period.
§ 3 Shipment Costs
- Deliveries shall be made using a freight forwarder of our choice. The transport costs shall be charged to the customer. Shipping costs shall be calculated at a flat rate of CHF 19.00 per box for orders that are not generated via the online shop. For orders via the online shop, delivery shall be free of charge where the net order value is greater than CHF 295.00. For deliveries below this value, shipping costs shall be charged at CHF 17.00 per box. This applies to deliveries within Switzerland. Shipping costs include all costs for packaging, shipping documents and transport (in the customary manner). If delivered by express delivery, courier or a similar method, all associated costs shall be charged to the customer.
- If available quantities as shown in the webshop indicate on order placement that the full ordered quantity cannot be immediately dispatched and the customer expressly desires partial deliveries, this is possible within Switzerland. The provisions above shall apply with respect to costs.
§ 4 Offsetting, Right of Retention
- The customer shall be entitled to offset its own claims against accounts payable to us only if its own claims are legally established or have been acknowledged in writing by us. This also applies if the customer raises a notice of defects.
§ 5 Delivery Time and Delayed Delivery
- The delivery times or dates indicated by us are non-binding in all cases. Delivery times or dates shall be binding only if expressly agreed as such in writing between us and the customer.
- Delivery shall be considered delayed as defined by statutory provisions. In all cases, this shall require a written overdue notice from the customer.
- If we fail to meet a deadline agreed as binding and we are responsible for such, the customer shall be required to afford us an appropriate extension of time to execute delivery in writing. If we allow this extension to elapse without executing delivery, the customer shall be entitled to withdraw from the purchase agreement. If we are unable to meet delivery deadlines agreed as binding for reasons beyond our control (e.g. due to a lack of availability of goods, force majeure), we shall notify the customer of such and indicate the expected new delivery date. If delivery within the new delivery window also proves impossible, we shall be entitled to withdraw from the contract in whole or in part; in such cases, any payment made by the customer shall be refunded.
§ 6 Delivery, Place of Performance, Transfer of Risk, Acceptance, Default of Acceptance
- Delivery shall be performed from stock; this is considered the place of performance. At the request of the purchaser, the goods shall be shipped to an alternative destination (sale by delivery to a place other than the place of performance). We shall be entitled at any time to execute partial deliveries and partial performance.
- Risk of incidental perishing or incidental deterioration of the goods shall transfer to the customer upon handover, and, in the case of sale by delivery to a place other than the place of performance, upon dispatch. If an acceptance procedure has been agreed, the performance of such shall be decisive for the transfer of risk.
- If the customer delays acceptance, fails to cooperate in the necessary procedures or our delivery is delayed for other reasons attributable to the customer, we shall be entitled to demand compensation (incl. reimbursement for additional expenditure such as storage costs).
§ 7 Reservation of Ownership
- 1. Until full payment is made of all of our receivables, we shall retain ownership of the goods under contract. We shall be entitled to arrange for reservation of ownership to be recorded in applicable registers by unilateral request.
§ 8 Colour Designations and Size Information
- The colour designations and size information given in our publications (catalogue, online etc.) are not subject to standards. Specific dimensions or colours cannot be inferred from the information provided. Even within the same product group of a manufacturer, different items (e.g. polo shirts and T-shirts) may have greatly differing dimensions despite indicating the same size. For men and women’s shirts in particular and for “slim fit/body fit” shirts, no guarantee is given that sizes will match unisex items of the same manufacturer. It goes without saying that women’s shirts are tailored differently to equivalent men’s shirts, although the sizes indicated are identical. Colour designations being the same for different manufacturers or even amongst products of the same manufacturer does not guarantee that the colours concerned are the same. Colour bars printed in the catalogue similarly cannot be relied upon in this respect. Printed colour bars in the catalogue will look different depending on the light source and it is not possible to depict a fabric colour in print with complete accuracy. Deviations therefore in size and colour shall not substantiate claims for defects.
- All textile items produced from cotton or mixed cotton and polyester must be washed before first wearing. Due to (safe and innocuous) chemical residues on fabrics, wearing immediately without washing may result in chemical reactions occurring between perspiration and residues, particularly with UV exposure. Resulting colour damage persists even after subsequent washes. Complaints and claims associated with such are excluded.
§ 9 Warranty, Customer Rights Arising from Product Defects, Exclusion of Compensation for Damages
- We guarantee the proper quality of delivered goods. The warranty period is 12 months from the date of handover/dispatch of the goods.
- Rights arising from product defects require that the customer has complied with its statutory duty to inspect the goods and report any defect immediately upon receipt. Complaints must be made immediately, though within 3-4 working days of receipt of the goods at the latest, in writing; for concealed defects, notification must be given immediately upon discovery. In all cases, the goods must be inspected for defects prior to finishing (embroidery, printing etc.) by the customer or by a finishing company.
- Goods to which a complaint relates must be made available to us on an agreed date at an agreed location. If the goods have already been forwarded or distributed to multiple recipients, the costs associated with making available the goods to which a complaint relates shall not be charged to us.
- If defects are present, we shall be entitled at our discretion either to rectify the goods (rectification of defects) or to supply defect-free products upon return of the goods to which the complaint relates (replacement delivery). In either case, the customer shall not be entitled to reduce the purchase price or to withdraw from the contract. If after three attempts at rectification this is unsuccessful, this shall be deemed to have failed. In this case, the customer shall be entitled to reduce the purchase price or to withdraw from the contract.
§ 10 Exclusion of Further Claims
- These T&Cs conclusively govern claims on the part of the customer. Any further claims on the part of the customer are excluded. The customer in particular shall not be entitled to claim compensation for damages in connection with failed, delayed or incomplete delivery.
- Only those rights afforded by statutory provisions governing products liability are reserved.
§ 11 Return of Goods
The return of as-new unimproved goods shall be accepted subject to the prerequisites indicated in sections 3 and 4 below, provided delivery was made no longer than 4 weeks prior.
a. Excluded goods strictly cannot be returned:
- Shirts and blouses individually factory packaged after unpacking;
- Underwear and socks;
- Washed items;
- Face masks;
- Finishing films (L-Flex, L-Flock);
- Goods finished by the customer.
«Brook Tavers» brand goods
«Brook Taverner» brand goods can be returned only in their original packaging and with original clothes hanger.
Yarns can be returned only in unopened boxes. Opened boxes, mixed-colour containers or individual spools cannot be returned.
- a. Excluded goods strictly cannot be returned:
- The goods return note must be enclosed with returned items. Returned items without this note cannot be processed. If returning goods from several deliveries in one return consignment, the goods must be split up within the consignment such that it is possible to clearly identify the original deliveries made. A separate goods return note is required for each delivery note number.
- If the reason for the return of goods is a delivery error, the following shall apply: We will collect the goods from the customer. Collection may be requested by phone, fax or e-mail. It is also possible for the customer to return the goods. We will assume the costs of returning the goods, provided these do not exceed the costs of collection. Upon processing the return, the customer will receive a credit note to the value of the goods including all shipping costs without deduction.
- If no delivery error occurs, the following shall apply: The goods must be returned to us together with the return note or return notes. Upon processing the return, the customer will receive a credit note to the value of the goods less 25% handling costs; a minimum charge, however, of CHF 20.00 per original delivery applies. The shipping costs will not be credited to the customer. Where we accept the return of unpackaged shirts and blouses by way of derogation from section 1 in agreed exceptional cases, the handling costs for such items shall be 50% of the value of the goods.
§ 12 Limitation Period
- Unless otherwise stipulated in these T&Cs, claims by either party shall become time-barred in accordance with statutory provisions.
§ 13 Copyright
- The customer shall be exclusively liable in the event of the infringement of rights, in particular of third party copyrights, in the execution of its order. The customer shall be required to indemnify us from all third party claims in connection with such infringements of rights.
§ 14 Choice of Law
- Swiss law shall apply exclusively without the possibility of recourse to conflict of laws and the United Nations Convention on contracts for the international sale of goods (CISG).
§ 15 Place of Jurisdiction
A1. The exclusive place of jurisdiction for all disputes involving the parties shall be Baden/AG
registered office of L-SHOP-TEAM Schweiz AG).
L-SHOP-TEAM Schweiz AG furthermore shall be entitled to pursue legal action before the courts responsible by law, in particular in the domicile or in the location of the registered office of the customer.