Terms and Conditions
1. Scope and Application
Patronen.ch is a project of Patronen.ch GmbH. These General Terms and Conditions (hereinafter “GTC”) govern the rights and obligations in the relationship between Patronen.ch GmbH (hereinafter “Patronen.ch GmbH”) and its customers. They apply to all business relationships between Patronen.ch GmbH and customers, unless otherwise agreed in writing. Customer terms and conditions shall only apply if they have been accepted in writing by Patronen.ch GmbH. Should individual provisions of the GTC be ineffective or invalid, the remaining provisions shall remain unaffected. The GTC may be amended or supplemented at any time; such changes will be communicated in an appropriate manner.
2. Order and Delivery
By placing an order, the customer acknowledges the GTC of Patronen.ch GmbH. A contract is concluded upon acceptance by Patronen.ch GmbH, but no later than upon delivery to the customer. Conclusion of contract and delivery always occur subject to a positive credit check of the customer and the availability or deliverability of the ordered products. Delivery dates stated by Patronen.ch GmbH, unless otherwise confirmed in writing, are to be regarded as approximate only. The indication of a delivery date is without guarantee. Patronen.ch GmbH is liable for delay only for direct and immediate damages if and to the extent that the delay or impossibility of delivery is demonstrably due to gross negligence on the part of Patronen.ch GmbH. In case of delivery disruptions due to circumstances beyond the control of Patronen.ch GmbH, Patronen.ch GmbH is entitled to cancel the order. Changes or cancellations of orders require written consent from Patronen.ch GmbH. Partial deliveries by Patronen.ch GmbH are permitted. Patronen.ch GmbH charges a cost contribution for packaging and shipping for all shipments.
3. Inspection and Transfer of Risk
The customer is obliged to immediately check the products delivered by Patronen.ch GmbH upon delivery or collection for completeness and correctness. Any damages, defects, or complaints must be reported in writing without delay after discovery, but no later than within 5 business days, to the address of Patronen.ch GmbH. Thereafter, the delivery shall be deemed contractually compliant unless the deviation was not detectable despite careful inspection. Risk passes to the customer upon handing over the products for shipment. If the customer does not collect the products in a timely manner, the products will be stored at the customer's expense and risk for 5 days and subsequently forwarded to the customer.
4. Prices
Purchase prices are generally gross, including value-added tax. Volume discounts dependent on turnover are granted on certain product groups, while some articles may be subject to quantity-based tiered pricing. Additional costs such as packaging and shipping fees pursuant to Section 2 are included in the prices. Price changes remain reserved at any time, even without prior notice.
5. Payment Terms
Unless otherwise agreed in writing, invoices from Patronen.ch GmbH are to be paid net within 14 days. After this period, the customer is in default without reminder. Patronen.ch GmbH may charge default interest of 10%. In case of the customer’s payment delay, all outstanding invoices become due immediately. If debts are not settled even within an additional period set by Patronen.ch GmbH, Patronen.ch GmbH is entitled without further notice to suspend deliveries to the customer in whole or in part until claims are settled or secured. The customer bears all consequences arising from such suspension of delivery. Patronen.ch GmbH is entitled to claim reimbursement of all dunning, collection, attorney, court costs, and damages incurred. The customer is obliged to notify Patronen.ch GmbH in advance if a payment delay is foreseeable.
6. Retention of Title
The delivered products remain the property of Patronen.ch GmbH until Patronen.ch GmbH has received the purchase price in full and in accordance with the contract.
7. Returns
Returns of products by the customer require prior consent of Patronen.ch GmbH and are at the customer’s cost and risk. Returns can only be accepted within 14 days of the invoice date. Returns must be made in the original packaging, accompanied by a detailed description of defects and the proof of purchase. Patronen.ch GmbH reserves the right to return products without original or usable packaging as well as products that are no longer in perfect condition to the customer at their cost and risk. Packaging is considered unusable if it is damaged, labeled, written on, or otherwise unsellable. Products are considered not in perfect condition if they have already been used, have reached or will reach their expiration date within 270 days, or are otherwise unsellable. For returns not attributable to Patronen.ch GmbH, the current market price will be credited, but not exceeding the price originally paid by the customer.
8. Warranty / Guarantee
The warranty of Patronen.ch GmbH for the products delivered is fully governed by the warranty terms of the manufacturer or supplier. The customer waives further warranty claims against Patronen.ch GmbH, except that Patronen.ch GmbH assigns its own warranty claims against the manufacturer to the customer. Warranty is usually limited, according to the manufacturer’s or supplier’s warranty terms, to repair or replacement of defective products. Warranty is excluded for defects not attributable to the manufacturer or Patronen.ch GmbH, especially improper storage, disregard of operating instructions, natural wear, improper handling, force majeure, or similar reasons. Warranty claims must be made in writing immediately after discovery, including the contested product, a detailed description of defects, and proof of purchase, to Patronen.ch GmbH. Some manufacturers or suppliers require warranty claims to be made directly with them.
9. Liability
Patronen.ch GmbH is liable only for direct damages and only if it is proven that these were caused by gross negligence of Patronen.ch GmbH. Liability is limited to the price of the respective delivery or service. Any further liability of Patronen.ch GmbH, its auxiliaries, and third parties commissioned by Patronen.ch GmbH for damages of any kind is excluded. In particular, the customer has no claim for compensation for indirect damages under any circumstances. Patronen.ch GmbH undertakes to assign to the customer any liability claims recognized by the producer/manufacturer/supplier.
10. Patents and Other Intellectual Property Rights
If a third party asserts claims against the customer for infringement of a patent, copyright, or other industrial property right by products delivered by Patronen.ch GmbH, the customer must immediately inform Patronen.ch GmbH in writing about the facts. Patronen.ch GmbH will forward the information to the manufacturer or supplier and request them to handle the matter directly. Patronen.ch GmbH assumes no warranty or liability in such cases.
11. Data Protection
Patronen.ch GmbH assures compliance with the provisions of the Swiss Data Protection Act and relevant legal regulations when collecting, processing, and using personal data. Customer data collected during order processing is used exclusively for internal purposes. Disclosure to third-party partners occurs only to the extent strictly necessary for proper service provision. The customer agrees to this use of their data. The customer acknowledges that Patronen.ch GmbH is obliged, for the fulfillment of certain manufacturer contracts, to transmit customer-related data such as names, addresses, purchased products, prices, and quantities to manufacturers and suppliers in Switzerland and abroad.
12. Applicable Law and Jurisdiction
The contracts and GTC of Patronen.ch GmbH are exclusively subject to Swiss law, expressly excluding any international treaty norms, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising directly or indirectly from contractual relations is, for both Patronen.ch GmbH and the customer, the competent courts of the Canton of Basel-Stadt. Patronen.ch GmbH is entitled to also sue the customer at any other legally competent court.
Basel, January 2, 2025