dated January 2019
1. Scope of application
These general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via www.tranzbag.com. The online shop is operated by REPAPER Consulting AG, Hottingerstrasse 12, CH-8032 Zurich (hereinafter referred to as "REPAPER").
REPAPER may amend these GTC at any time. The version of the General Terms and Conditions published on the www.tranzbag.com website at the time of an order shall be decisive in each case. Terms and conditions of the customer which deviate from the respective valid GTC shall not be recognized.
The offer of products and services in the online shop (hereinafter "Offer") is aimed exclusively at customers with their place of residence or company headquarters in Switzerland or Liechtenstein. Deliveries are only made to addresses in Switzerland or Liechtenstein.
2. Product and price information
Illustrations of products in advertising, brochures, online shops, etc. serve as illustrations and are non-binding.
All sales prices published in the online shop represent final prices and usually include all taxes (e.g. VAT), packaging and delivery costs and other charges, fees or costs. An exception is a possible surcharge for small quantities of a maximum of CHF 9.00, which is charged by REPAPER, if the sum of the shopping basket is less than CHF 50.00 for an order. REPAPER reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
3. Offer and conclusion of contract
The products and prices in the online shop are considered an offer, which, however, is always subject to an delivery impossibility or an incorrect price quotation. A contract for products or services of REPAPER is concluded as soon as the customer places his order in the online shop, by telephone or e-mail (hereinafter referred to as "purchase contract"). The arrival of an online order is indicated by an automatically generated order confirmation sent to the specified e-mail address. The receipt of the order confirmation does not, however, contain any confirmation that the product can also be delivered under these conditions. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with REPAPER has therefore been concluded under the condition that delivery is possible and that the price has been correctly quoted.
4. Delivery date
REPAPER attaches great importance to indicating availability and delivery times in the online shop up-to-date and accurately. However, delays in delivery may occur in particular due to production or delivery bottlenecks. All information regarding availability and delivery time are therefore subject to change without notice.
With the order confirmation, the customer is informed of a provisional delivery date. If REPAPER is in default of delivery, the customer is entitled (except in the case of special orders) from the 30th calendar day since the announced delivery date to withdraw from the contract. In this case, REPAPER will reimburse the customer for any amounts already paid in advance. Further claims against REPAPER are excluded.
5. Terms of delivery
For REPAPER products and services, customers have access to the delivery and collection options offered in the online shop. The delivery address of the customer must be easily accessible in Switzerland or Liechtenstein and by truck. If this is not the case, the customer shall bear eventual additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, REPAPER may terminate (cancel) the contract and charge the customer for the delivery costs incurred and any losses in value.
6. Obligation of customers to audit
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage. In the case of forwarding deliveries, any delivery damage must be noted immediately on the delivery note. Defective products must not be put into operation by the customer. They must be returned to REPAPER in their original packaging.
REPAPER guarantees for 2 years from delivery that the ordered product has no defects. The warranty period shall continue to run irrespective of the provision of any warranty services. REPAPER can provide the warranty either by, free repair, partial or complete replacement, credit note at the current price or reduction. All further claims and in particular the guarantee regulations in the non-mandatory law are excluded.
8. Liability and exclusion of liability
Liability is governed by applicable law and is limited to cases of gross negligence or intent. In particular, REPAPER shall in no event be liable for (i) slight negligence, (ii) indirect or consequential damages or loss of profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery or (v) any acts or omissions of REPAPER's assistants, whether contractual or non-contractual. REPAPER is also not liable for any damage caused by any of the following causes:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories
- failure to carry out maintenance and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular natural, moisture, fall and impact damage etc. for which REPAPER is not responsible, and official orders.
9. Terms of payment
REPAPER will claim all payment claims for products and services purchased through the REPAPER online shop directly from the customer. The customers have access to the payment options offered in the online shop as means of payment. The respective means of payment fees, which may be charged by REPAPER, are shown in detail in the order process.
In the case of payment by credit card or other means of immediate payment, the charge will be made when the order is placed and in the case of prepayment, delivery will be made only after receipt of payment. The products in the REPAPER central warehouse are reserved until the end of the payment period of at least 40 calendar days.
10. Changes to the order or cancellation
The customer is obliged to accept the ordered products and services. REPAPER can accept subsequent changes or returns of orders from customers at its own discretion and, may charge a turnover fee in the amount of 20% of the order value, but at least CHF 60.00, as well as any loss in value of the cancelled products since their order.
If a delivery impossibility (resolutory condition) occurs after conclusion of the contract, 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 shall be released from the obligation to pay to the exclusion of all other claims.
11. Data protection
12. Partition Invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the effectiveness of the remaining provisions and these GTC as a whole.
13. Place of jurisdiction and applicable law
The contract is governed by Swiss substantive law to the exclusion of international conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
The place of jurisdiction for consumer actions shall be their place of residence. Otherwise, the exclusive place of jurisdiction for all legal disputes arising from this contract shall be the City of Zurich. REPAPER can, however, also submit complaints to other courts.