General Terms and Conditions (GTC)
Status: September 2020
1 Scope of application
The General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online stores & website www.arise.ch (hereinafter referred to individually as "online store"). Both Online Shop and website are operated by AS GmbH (hereinafter referred to as "AS").
AS reserves the right to change these terms and conditions at any time. The version of these General Terms and Conditions of Business in force at the time of the order shall apply in each case, which cannot be changed unilaterally for this order. Customer terms and conditions that conflict with or deviate from these GTC shall not be recognised.
Orders in non-household quantities can be rejected without justification.
2.1 Product and price
Images of products in advertising, brochures, online store, etc. are for illustration purposes and are not binding.
All sales prices published in the online store are final prices, which include all taxes (especially VAT), possible prepaid recycling fees (vRG), costs for packaging(s), delivery costs and all other possible charges, fees or costs. The only exception to this shall be a possible minimum quantity surcharge, which shall be charged by AS. In addition to the final price, a minimum quantity surcharge of a maximum of CHF 9.00 shall be levied if the total amount of the shopping basket is less than CHF 50.00. AS reserves the right to change the prices of the products and services offered at any time. The price in the online store at the time of the order is decisive for the conclusion of the sales contract.
2.2 Availability and delivery time
AS attaches great importance to indicating availability and delivery times in the online store in an up-to-date and accurate manner. However, AS itself may experience delays in delivery, especially due to production or delivery bottlenecks. All information on availability and delivery times are therefore without guarantee and may change at any time.
3 Conclusion of contract
The products and prices in the online store are considered as an offer. However, this offer is always subject to the condition of delivery impossibility or incorrect price indication, which dissolves the contract.
The purchase contract for products or services of AS is concluded with AS as soon as the customer places his order in the Online Shop, in one of the branches, by telephone or e-mail (hereinafter referred to as "purchase contract").
The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from AS to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online store and that the contract with AS has thus been concluded subject to the condition of availability and correct pricing.
4 Delivery date
With the order confirmation the customer will be informed about a provisional delivery date or the customer will be contacted and an individual delivery date will be agreed upon.
If AS is in default of delivery, the Customer shall be entitled to withdraw from the contract (except in the case of special orders) from the 30th calendar day after the originally announced delivery date. In this case, AS shall reimburse the customer for amounts already paid in advance. There shall be no further claims against AS.
5 Delivery / branch collection
For AS products and services, the customer has all delivery and collection options available, which are noted in the online store under "Delivery and Collection".
The customer's delivery address must be in Switzerland or Liechtenstein and must be easily accessible by truck. If this is not the case, the customer bears any additional costs.
If the customer chooses the delivery option "delivery to the place of use", the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the access points (e.g. staircase, doors, etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs incurred.
If the customer does not accept the ordered products on the agreed or indicated delivery date, AS may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss of value.
If the customer does not collect the products ordered from a branch (branch collection) within 14 calendar days of readiness for collection from the branch, AS may dissolve (cancel) the agreement.
6 Obligation to check
The customer must immediately check delivered or collected products for correctness, completeness and delivery damages.
In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill.
Delivery damage, incorrect and incomplete deliveries must be reported to AS within 5 calendar days from the time of collection or delivery, also for all products and services. The customer is aware that such notification must be made by e-mail (to email@example.com). The customer is not permitted to use such a product. They must keep it as received in its original packaging and follow the instructions of the guided return and return process.
Section 7 Warranty
7.1 Basic provisions
AS warrants that the ordered product is free of defects and functional for a period of 6 months after delivery or branch collection. The warranty period shall continue to run regardless of the provision of any warranty services. AS may optionally terminate the warranty by
- free of charge repair (original warranty period continues to run for the entire product);
- partial and complete replacement by an equivalent used/repaired product.
- replacement by a new product by AS (new warranty period of 2 years from replacement)
- credit note at the current price, (maximum the sales price at the time of the order); or
Wearing parts such as in particular batteries, accumulators, mains cables, adapters, illuminants as well as software problems are excluded from the guarantee by AS. In all other respects, the exclusions of liability pursuant to Clause 8 shall apply.
If the manufacturer's guarantee goes beyond AS's guarantee, AS shall also grant it to the customer.
AS may, at its own discretion, provide the customer with a replacement device / exchange device during the examination of the warranty claim (exchange subject to reservation). This shall be subject to the (suspensive) condition that a warranty claim actually exists. Thus, the customer shall only acquire ownership of the replacement product at the time of the guarantee promise by AS. If AS rejects a guarantee case, the customer may purchase the replacement device at the value of the goods at the time of delivery or is obliged to return the replacement device at his own expense.
All further and in particular the statutory provisions on warranty are excluded.
8 Liability and exclusion of liability
The liability is based on the applicable legal provisions. However, AS shall in no case be liable for (i) slight negligence, (ii) indirect and consequential damage and loss of profit, (iii) unrealised savings, (iv) damage resulting from delayed delivery and (v) any acts and omissions of AS's auxiliary persons, whether contractual or non-contractual.
AS shall otherwise decline liability in the following cases:
- improper, non-contractual or illegal storage, discontinuation or use of the products;
- use of incompatible spare parts or accessories (e.g. power supply);
- failure of maintenance and/or improper modification or repair of the products by the customer or a third party;
- force majeure, in particular damage caused by natural forces, moisture, fall and impact, etc., for which AS is not responsible, and official orders.
Section 9 Payment
9.1 Payment options
All payment claims for products and services purchased through the AS online stores are made directly to the customer.
Payments must be made in Swiss francs.
Cash payment is only possible for AS products in the case of branch collection.
The customer may use the payment options offered as means of payment in the Online Shop under "Payment Options".
The current payment means charges which may be levied by AS are shown under "Payment Options" and are shown in detail in the order process.
If payment is made by credit card or other instant payment methods, the fees will be charged when the order is placed.
In the case of prepayment, delivery will only be made after receipt of payment. The products in the central warehouse of AS will be reserved until the end of the payment period of at least 5 calendar days. This also applies to products that are first ordered externally, but are processed and shipped through our warehouse.
9.2 Default of payment
If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to AS under any title whatsoever shall become due immediately (in the case of advance payment within 8 calendar days of the first reminder) and AS may demand payment immediately and suspend further deliveries of products to the customer.
AS charges a compensation for loss of time for the 2nd reminder of CHF 5.00 and for the 3rd reminder of CHF 20.00. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case an additional annual interest rate of up to 15% on the invoice amount owed can be charged from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.
9.3 Retention of title
Ordered products remain the property of AS until full payment has been received by AS. AS is entitled to make a corresponding entry in the retention of title register. Before transfer of ownership, pledging, transfer by way of security, processing or transformation shall not be permitted without the express consent of AS.
10 Modification of the order or cancellation
Orders obligate the customers to accept the products and services. Subsequent changes or cancellations of orders by customers may be accepted by AS at its own discretion and a compensation of 20% of the cancelled order value, but at least CHF 60, as well as any loss in value of the cancelled products since their order may be charged.
If (partial) delivery is not possible (condition subsequent to cancellation) after an order has been placed or a contract has been concluded in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
11 Return of faultless goods
Under the conditions listed in the Return Policy, AS grants the right to return the ordered products within a maximum of 14 calendar days, in the case of
The customer must notify the return of the products by email (firstname.lastname@example.org) and return them according to the instructions received. The products must be properly packed with all accessories in their original packaging. Damaged products will not be taken back or will be charged to the customer in full.
If the customer makes use of his right to return the goods, AS shall refund the entire purchase price minus any minimum quantity surcharge paid and the return costs listed in the return guidelines.
In connection with any return of products for which import customs clearance has been effected on behalf of the customer, the customer authorises and instructs AS to make an export customs declaration for the returned products and to apply for a possible refund of Swiss import duties in the name and on behalf of the customer. If the customer was unable to deduct the import tax as input tax or was only able to deduct part of it and the remaining.
If the conditions for the import tax refund due to re-export of the ordered products are met, AS shall refund the import tax paid in advance by the customer after receipt of the corresponding amount from the Federal Customs Administration. In the case of companies listed in the Swiss or Liechtenstein VAT register, proof of the non-deductibility of the import tax must be provided by means of a corresponding confirmation from the Federal Tax Administration.
In this context, the customer assures AS that the details and listing of the returned products are complete and correct according to the description provided by the customer in the return process and that the returned consignment actually contains the products described in the description. The Customer shall indemnify AS in full against all third-party claims in connection with an incomplete or incorrect customs declaration caused by the Customer. AS shall be entitled to check the customer's details by means of spot checks.
12 Repair outside the warranty
The costs for repairs outside the warranty according to section 7 are to be borne by the customer. In the case of equipment which has no detectable faults or for which the fault is not covered by the warranty in accordance with Clause 7, AS reserves the right to charge the customer for the costs of checking the claimed fault and for shipping costs.
13 Further provisions
13.1 Non-assignable returns
Returns that cannot be assigned to a customer or returned to a customer will be kept by AS for six months and then disposed of.
13.2 Guaranteed goods which have not been collected or cannot be delivered
If goods which are connected with the provision of warranty under Section 7 are not collected from the branches within six months of the dispatch of the collection request to the customer or if the goods cannot be returned to the customer, AS shall be entitled to dispose of the goods, in particular to dispose of them.
13.3 Data protection
The data protection declaration applies to the processing of personal data by AS.
13.4 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
13.5 Place of jurisdiction and applicable law
All legal relations between AS and the customer shall be governed by Swiss substantive law. The Vienna Sales Convention shall not apply.
The following exclusive places of jurisdiction shall apply:
For all claims arising from purchase contracts to which AS is a party:
For claims of consumers, their place of residence or Geneva shall be the place of jurisdiction. In all other cases, Geneva is the exclusive place of jurisdiction.
The place of residence of consumers shall be the place of jurisdiction for any legal action brought by consumers.
13.6 Copyright notice
All rights, in particular copyrights, to these GTC are held by AS.
Any duplication, distribution or other use is prohibited and only permitted with the express written consent of AS. AS reserves the right to take all legal action in the event of a breach of this provision.