§1 Validity of the terms and conditions
The deliveries, services and offers of the online shop of Sinora GmbH (CHE-352.115.391), Im Bruggen 17, 8906 Bonstetten, are made exclusively on the basis of these general terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Sinora GmbH.
§2 Offer and conclusion of contract
Offers made by Sinora GmbH in price lists and advertisements do not constitute a legally binding offer, but an invitation to the customer to place an order which is binding on them. Offers such as checked returns and clearance sales are excluded from the binding nature of availability.
By clicking the order button on the online shop, the customer places a binding order for the products listed on the order page. Sinora GmbH confirms receipt of the order immediately after its receipt. Orders are only binding for Sinora GmbH after written order confirmation. If, after order confirmation, it is established that delivery of the goods is not possible or that there was a pricing error, the order will be cancelled or, in the case of pricing errors, if the goods have already been delivered, the price difference will be claimed from the customer. In the case of price errors, the customer is entitled to return the goods to Sinora GmbH if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against Sinora GmbH or a supplier.
The information in the sales documents (drawings, illustrations, dimensions, weights and other performances) are to be understood as indicative only and do not constitute a guarantee of characteristics unless they are expressly designated in writing as binding.
If a customer exceeds his credit limit by placing an order, Sinora GmbH is released from the obligation to deliver.
Sinora GmbH does not sell alcoholic beverages to young people under the age of 16 and does not sell spirits to young people under the age of 18. Sinora GmbH reserves the right to carry out an age check before handing over or delivering the goods.
§3 Prices
The prices stated in the order confirmation are decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks or errands, the daily price on the day of the order shall apply. The prices are in Swiss francs including the statutory value added tax and, unless otherwise agreed, plus transport costs. The current prices are published in the online shop, subject to price changes and errors.
§4 Terms of delivery
Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The indication of specific delivery periods and delivery dates by Sinora GmbH are subject to the correct and timely supply of Sinora GmbH by subcontractors and manufacturers.
In the case of delivery and assembly, accessibility for the goods must be guaranteed by the customer.
Visible differences in quantity must be reported to Sinora GmbH and the carrier in writing immediately on receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment of goods.
§5 Default of acceptance
If the customer refuses to accept the delivery items after the expiry of a grace period set for him or declares that he does not wish to accept the goods, Sinora GmbH may refuse to fulfil the contract and claim damages for non-fulfilment. Sinora GmbH is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation from the customer for the actual damage incurred.
§6 Transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the company carrying out the transport. If the shipment is delayed or becomes impossible through no fault of Sinora GmbH, the risk shall pass to the customer upon notification of readiness for shipment. An assumption of the transport costs by Sinora GmbH agreed in individual cases has no influence on the transfer of risk.
§7 Warranty/guarantee
Sinora GmbH or the supplier/manufacturer shall guarantee that the product ordered is free of defects and functional for 2 years after delivery, unless expressly agreed otherwise in writing.
If the operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used which do not comply with the original specifications, any warranty/guarantee shall lapse insofar as the defect is attributable to this. This shall also apply if the defect is due to improper use, storage and handling of the equipment, or third-party intervention or the opening of equipment.
Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/used or installed rechargeable batteries is excluded.
In the event of a warranty or guarantee claim, the customer shall be entitled to rectification of defects, replacement or rescission. The choice of the type of rectification of defects lies with Sinora GmbH. If Sinora GmbH decides to rescind the contract, a credit note will be issued at the current price (maximum the selling price at the time of the order).
The warranty period is not interrupted by any warranty or guarantee case, but continues to run.
No new warranty periods shall come into force as a result of the replacement of parts, assemblies or entire units.
Only the direct customer is entitled to warranty or guarantee claims against Sinora GmbH and these are not assignable.
The statutory warranty is excluded in its entirety.
§8 Payment
Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’sGTC. (powerpay.ch/en/agb).
You will receive the single invoice free of charge by email. With purchase on invoice you accept the <a href="https://www.powerpay.ch/en/agb" target="_blank">GTC</a> from POWERPAY (powerpay.ch/en/agb), provided you have a valid email address.
§9 Reminder and collection fees
If the customer is in default of payment, Sinora GmbH will send the customer a reminder in writing or by e-mail. Sinora GmbH reserves the right to charge reminder fees for the reminders issued. In the event of unsuccessful reminders, Sinora GmbH may assign the claim to a third party company commissioned to collect payment. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
§10 Small quantity surcharge
Sinora GmbH charges a small quantity surcharge of CHF 9.00.- up to an order amount of CHF 100.00.-
§11 Limitation of liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against Sinora GmbH and against auxiliary persons and substitutes, except in cases of wilful intent or gross negligence. No liability is accepted for consequential damage arising from the use of the products.
§12 Copyrights / Software Warranty
Insofar as software is included in the scope of delivery, it is provided to the customer solely for one-time resale or for the customer's own use, i.e. the customer may neither copy it nor provide it to others for use. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's licence agreement shall apply exclusively. Companies, brands, trademarks, images and logos used on the Sinoa GmbH online shop are the property of their respective owners.
§13 Data protection
Sinora GmbH undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found on the separate data protection declaration. The data protection declaration is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the data protection declaration.
§14 Place of jurisdiction
Affoltern am Albis is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
§15 Final provisions
Sinora GmbH reserves the right to change the general terms and conditions at any time.
Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.