GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions (hereinafter referred to as "GT&C") apply to the purchase of all products which are ranged by Bodmer Ton AG (hereinafter "Bodmer Ton" or "us"). Specifically these GT&C also govern all contracts entered into between you as a customer and us as the operator of the on-lineshop www.bodmer-ton.ch.
1.2. In addition, these GT&C contain special terms and conditions for the courses we offer.
1.3. General terms and conditions that you as the customer stipulate, will not be adopted. Any amendments to our GT&C shall only apply if they have been expressly accepted by us in writing.
1.4. Whichever is the currently valid version of our GT&C at the time of order placement or course registration shall apply.
2.1. Tones, glazes and raw materials are natural products. Bodmer Ton strives to provide you with consistent quality product. Nevertheless, the excavation of natural material is inherently associated with variations in composition. Furthermore, clay pits may become “exhausted”, meaning that excavation has to be continued in a different location. The colour and the composition of glazes and clays are therefore expressly subject to variation and - unless stated otherwise in writing – inevitable.
2.2. The representation of products on the website, in catalogs or on labels is non-binding. We reserve the right to modify the product offer and its representation at any time and to remove certain products from the assortment all together. Any liability for typographical errors, incorrect or incomplete information and representations is excluded.
3. CONCLUSION OF THE CONTRACT, ORDER
3.1. You can order via the website, by telephone, by post, or over the counter.
3.2. The representation of products on the website does not represent a legally binding offer, rather a non-binding on-line catalog. You can initially add the products to your shopping cart without obligation and correct your entries before sending your binding completed order at any time.
3.3. After placing your order via the website, you will receive an automatically generated order receipt confirmation. This includes the details of your order as well as a link to our general terms and conditions, which you can store and print. The order confirmation does not constitute a contract; the order confirmation merely confirms that your order has been received by us.
3.4. When you purchase goods via the website, the contract comes into effect only when we declare acceptance of the contract. We declare acceptance of the contract by invoicing you within four (4) working days, by confirming the order (order confirmation), by confirming by e-mail that the goods have left our warehouse (confirmation of shipment) or by shipping the goods to the address nominated by you.
3.5. The contract shall come into effect for those articles only which are expressly listed on our invoice, the order confirmation or the confirmation of delivery. This also encompasses the scope of services.
4.1. All prices are net, including VAT. For pick-up at our main location in Einsiedeln we allow a 3% cash payment discount.
4.2. You can see the quantity discounts on the website. Customer-specific discounts can be found in the on-line shop after registration. Both discounts are shown on the billing document.
4.3. Conditions applying to custom made products are listed on our order confirmations.
4.4. Unless the ordered products are picked up at our main location in Einsiedeln, extra fees based on weight and place of delivery will be charged in addition to the stated product prices. To find out more about shipping costs refer to the product offers and "Shipping & Delivery ".
5. TRANSPORT AND PASSING OF RISK
5.1. Standard products displayed on the website are usually delivered within the period of a week; subject to prior sale.
5.2. Communicated delivery dates shall be non-binding and deviations shall be reserved, unless otherwise agreed in writing.
5.3. For customers domiciled in Switzerland, the following applies: Our service liability is fulfilled with the transfer of products to the transport company/carrier. After dispatch, the risk of accidental deterioration and the accidental loss of goods will pass to you. We will not be held responsible for any damages inflicted by the transport company.
6. RIGHT OF RETURN
6.1. If the customer is a natural person, we grant a right of return or revocation in the following scope. There is no right of return for legal persons.
6.2. For customers from Switzerland, we grant a return right on a discretionary basis. The right of return applies to all orders - irrespective of the sales channel. The return is possible within 14 calendar days after collection or the date of the postmark as the case may be, or within 14 calendar days after confirmation of delivery or receipt. Excluded from the right of return are custom-made products. The product must be returned in its original packaging and be unused. The costs for the return are to be borne by yourself. The delivery note must be enclosed with the returned product, so that the amount can be credited to you without delay. The reason for the return must be indicated on the delivery note so that Bodmer Ton AG can quickly identify and correct faults.
7. RESERVATION OF TITLE
The goods remain our property until full payment. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the register of proprietary rights.
8.1. For purchases via the website, by telephone, by post or by fax, as well as over our counter, the following payment methods are available:
Credit card (only at the Bodmer AG headquarters in Einsiedeln)
By submitting your order, you also submit your credit card details. After proof of your legitimate card holder status, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically carried out by the credit card company and your card is thus debited.
For the payment method "prepayment" we will provide you with our bank account details in the order confirmation and deliver the goods after receipt of your payment.
If you buy on account, the invoice will be delivered to you together with the goods. The invoice is payable within 30 days.
8.2. There is no right to the use a specific payment method. In particular Bodmer Ton reserves the right to carry out certain deliveries against prepayment only. Deliveries to abroad are exclusively against prepayments.
9. DEFAULT OF PAYMENT / REMINDER / COLLECTION
9.1. In the case of delivery on account, the purchase price is due within 30 days of delivery of the goods. If payment is not made within this period, the customer shall be in default.
9.2. In the event of default, Bodmer Ton AG shall send the customer three written reminders. Neither fees nor interest on arrears are due with the reminder of the debt. If the outstanding amount is not paid after the last reminder, the claim will be pursued. The claim will not be assigned to a collection agency.
10. WARRANTY RIGHTS
For customers based in Switzerland and Liechtenstein:
10.1. You are to check the delivered products for any defects immediately upon receipt . Respective complaints are to be asserted within eight (8) days after receipt of the products. Subsequent faults, i.e. faults detected during the warranty period, are to be reported immediately after their discovery. If, despite obvious defects, products are further processed at your end, the warranty is not applicable.
10.2. Bodmer Ton provides warranty by remedying defects. This is done by delivering a non-defective replacement product.
10.3. If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in case of minor deficiencies. A right of price reduction is excluded. This exclusion of liability extends to all claims which compete with the warranty rights, e.g. those arising from the contract (Article 97 et seq.), Delict (Article 41 et seq.), Rescission of the contract due to error (Article 23 ff. OR), etc.
10.4. Bodmer Ton gives no guarantees in the legal sense.
11. LIMITATION OF LIABILITY
For customers domiciled in Switzerland and Liechtenstein:
11.1. With the exception of mandatory liability (injury to life, body or health, etc.), all liability is excluded.
11.2. In the case of slight negligence, liability shall be limited to the invoice value of the product by which the damage was caused.
12.1. The collection and processing of your personal data by us is explained in the data protection declaration. This forms an integral part of these terms and conditions. The data protection declaration is available at www.bodmer-ton.ch/privacy.
12.2. You consent to the storage of the personal data submitted by you within the framework of an order or otherwise transmitted for the purpose of contract processing. In addition, you agree that any information you may provide, as well as information about your use of our website, as well as information about your transactions, may be analysed to provide you with personalised advertising and/or special offers and services.
12.3. We use your data only within the boundaries of what is legally permitted. As far as we use data for a purpose that requires your consent according to legal requirements, we will ask you for your express consent. You may at any time revoke your consent, and/or object to the future use of your data.
13. TERMS AND CONDITIONS FOR COURSES
13.1. You can register for courses via the website, by telephone, by mail as well as over our counter. Course availability is determined by the number of participants and allocated in order of registration. The registration is binding and obliges you to pay the course fee.
13.2. Once you have registered, we will send you course information by e-mail or, if requested, by mail.
13.3. Payment must be made at Bodmer Ton on the day of commencement of the course at the latest (cash, debit or credit card payments).
13.4. Bodmer Ton reserves the right to postpone classes, to change/increase class sizes, to change the course venue or to shorten courses. In the latter case, you receive a refund for the share of the course fee. If the course leader is unavailable for any reason, a suitable substitution may be deployed.
13.5. A minimum and maximum number of participants is defined for each course. If the number of participants is insufficient, the course will typically not take place. The course fee is not due in this case. Program and price changes are reserved.
13.6. You can unregister by phone or in writing up to fourteen (14) days before the beginning of the course. In this case no costs will be charged to you. If the cancellation is made within fourteen (14) days before the beginning of the course, you will be invoiced for the entire course fee. However, should the vacancy be filled by another person, this amount will be waived. Your substitute has to pay the course fee on site. Cancellations after course commencement or unattended classes cannot be refunded.
13.7. After successful completion of the course you will receive a course certificate.
13.8. Bodmer Ton excludes all liability for damages incurred in respect to any of the courses. Bodmer Ton does so to the maximum legally permissible extent. You are responsible for your own personal insurance cover.
14. APPLICABLE LAW AND PLACE OF JURISDICTION
Any disputes arising from these GT&C shall be governed exclusively by the laws of Switzerland. Customers who are natural persons shall be subject to this choice of law and jurisdiction only in so far as the customer is not thereby deprived of the protection which is granted to him/her by the compulsory consumer protection regulations of the state in which he is habitually resident. The application of the UN purchase law is excluded. Disputes arising from or in connection with these general terms and conditions are subject of the exclusive responsibility of the courts in Einsiedeln, Switzerland.