General Terms and Conditions
1. Scope and application:
The following terms and conditions apply to all contracts, deliveries and services, between OFFICE ZUG AG, as well as OFFICE ZUG’s own online store “BÜRO FÜR BÜRO” and its partners. For the sake of simplicity, hereinafter referred to as “OFFICE ZUG”. Any deviating provisions shall only be valid if they have been agreed in writing between the contracting parties. OFFICE ZUG reserves the right to change or amend the GTC at any time. The respective valid GTC will be announced to the partners in an appropriate manner.
2. Orders and deliveries:
With the conclusion of the order the partner accepts the GTC of OFFICE ZUG. Orders are binding in any case and cannot be cancelled without the express consent of OFFICE ZUG. A contract is concluded with the consent of OFFICE ZUG, at the latest, however, with the delivery to the partner. Conclusion of contract and delivery are in any case subject to a positive credit check of the partner and the availability or deliverability of the ordered products.
In the absence of any written assurance to the contrary, the delivery dates stated are to be regarded as indicative only. The indication of a delivery date is without guarantee. In this case OFFICE ZUG is liable to the partner only for direct and immediate damage, if and insofar as the delay or impossibility of delivery can be proven to be due to a grossly negligent breach of contract by OFFICE ZUG. In case of disruption of delivery due to circumstances beyond OFFICE ZUG’s control (examples: Strike, lockout, material failure, operational disruption at the manufacturer, transport problems), OFFICE ZUG is entitled to cancel the order. Order changes or cancellations requested by the partner require the written consent of OFFICE ZUG. OFFICE ZUG may charge the partner for any costs incurred. Unless otherwise expressly agreed, partial deliveries by OFFICE ZUG are permissible.
Unless otherwise agreed, the delivery of office supplies is subject to the following conditions:
up to CHF 50.00 net: set-up/transport flat rate of CHF 12.00
CHF 50.00 to CHF 100.00 net: set-up/transport flat rate of CHF 10.00
from CHF 100.00 net: carriage paid to domicile
Express surcharge: effective costs plus the effective express surcharge
Unless otherwise agreed, office equipment and office furnishings are invoiced per flat-rate order:
up to CHF 100.00 net: set-up/transport flat rate of CHF 20.00
3. extra order:
These orders are binding in all cases and cannot be returned. Minimum packaging units must be strictly adhered to. Delivery time is approx. 14-15 days (deliveries from abroad may take longer). Furniture and equipment are subject to special delivery periods, which will be communicated to the partner in each individual case.
4. retention of title:
The delivered goods remain the property of OFFICE ZUG until full payment of the purchase price.
Unless otherwise noted, the warranty period is 12 months from the date of delivery. The invoice is considered as a warranty certificate.
The partner is obliged to check the products delivered by us immediately after delivery or collection for completeness and correctness. Any damage, defects and complaints must be reported immediately after discovery, within 5 working days.
The partner sends the rejected goods at his own expense in the original packaging after consultation with us within 10 days for inspection. Please send back a copy of the received delivery bill with an appropriate justification. In the event of late notification, a processing fee of 40% will be deducted from the credit note. Procurement products (products which are not declared as stock items in the store and which are therefore only specially procured on partner orders) as well as all food and drinking goods can in no case be returned to us.
8. replacement delivery and rectification:
If the delivered goods are defective or lack warranted characteristics or become defective within the warranty period, we will, at our option and to the exclusion of any further warranty claims by the partner, deliver a replacement, repair or credit the invoice amount. Paper cut to extra formats, extra orders as well as custom-made products and goods opened for retail trade units cannot be taken back. The costs of carrying out the replacement delivery and rectification, in particular for the transport of the goods, will be borne by us, unless these costs are out of proportion to the value of the goods.
9. Warranty period:
The warranty period begins with the delivery of the goods to the partner.
All price quotations on price lists and brochures are non-binding. They are net prices shown in CHF plus the statutory value added tax. Prices are subject to change without notice.
The purchase price is in Swiss francs (CHF) plus VAT. The delivery takes place in principle against open calculation or direct credit payment. Invoices are due for payment 10 days after receipt of the goods without any deduction, unless expressly agreed otherwise. In order to secure the credit risk, we must reserve the right, according to the respective creditworthiness, to carry out the delivery ordered by the partner only against advance payment or down payment.
For an order amount of CHF 50,000.00 or more, the purchase price is due as follows:
1/3 upon placement of the order within 10 days strictly net
1/3 on delivery within 10 days net
1/3 on invoice within 30 days
12. interest on arrears:
From the expiry date of the invoice, the partner will be charged interest on arrears in the amount of 5%. From the second reminder onwards, an additional reminder fee will be charged.
13. warranty in case of replacement delivery and rectification of defects:
The warranty of delivered products is fully governed by the warranty provisions of the manufacturer or supplier. The Partner waives any further warranty claims. Based on the respective warranty provisions of the manufacturer or supplier, the warranty is generally limited to rectification or replacement of the defective products. The warranty shall be excluded for defects for which the manufacturer or supplier is not responsible, in particular for improper storage, failure to observe the operating instructions, natural wear and tear, improper handling, force majeure or similar reasons. We shall be liable for replacement deliveries and repairs to the same extent as for the original delivery item. For replacement deliveries, the warranty period shall start anew.
14. claims for damages:
Claims for damages of the customer from impossibility of performance, from delay, from positive violation of claims, from culpa in contrahendo and from tort are excluded, unless they are based on intent or gross negligence on the part of OFFICE ZUG.
OFFICE ZUG is liable only for direct damage and only if it is proven that it was caused by gross negligence. The liability is limited to the price of the respective delivery or service.
The Partner undertakes to treat data and information, in particular prices, discounts, etc., confidentially and not to make them available to third parties under any circumstances.
17. data protection:
The data necessary for the business transaction will be stored in strict compliance with applicable regulations and passed on to companies involved in the order processing. All personal data will be treated confidentially. OFFICE ZUG is entitled to transfer the personal data to an auditing company for the purpose of credit checks and credit monitoring within the framework of a data exchange. The partner is entitled to revoke his consent at any time.
18. credit limit / duty to inform:
OFFICE ZUG may at any time require the partner to provide collateral in the amount of a specified credit limit. In case of default or doubt about the creditworthiness of the partner, OFFICE ZUG reserves the right to demand collateral and to deliver on advance payment or cash on delivery. The partner undertakes to notify us immediately of any significant changes in his company (shareholders, legal form, board of directors, management, address) as well as any circumstances that may jeopardize the existence of the business.
19. Applicable law and place of jurisdiction:
The provisions of Swiss law shall apply, even if orders are placed from abroad or deliveries are made abroad. The place of jurisdiction for all claims in connection with your order is Zug. We are also entitled to take legal action at your general place of jurisdiction. The invalidity of individual provisions shall not affect the remaining validity of the contract and these GTC.
20. entry into force:
These General Terms and Conditions are effective as of July 1, 2019 and supersede all previous editions.