|
General Terms and Conditions
Subject and Application of the General Terms and Conditions The General Business Conditions (in the following "Terms and Conditions") shall apply to the relationship between Goonet (in the following "Goonet") and the customer (in the following "customer"). The General Terms and Conditions are part of every contract between Goonet and the customer.
Offer and Prices
Goonet always tries to keep its offer up to date. Accordingly, the images on the Internet web site may differ from the latest product design. That's why Goonet reserves the right of detail and construction changes.
All information and images on the Goonet Internet site are non-binding.
The prices stated in the offer and in the order confirmations are always binding. Errors and technical changes are excepted.
Delivery and Delivery costs
Delivery or shipment take place at the client's own expense and risk.
Delivery costs are listed separately in the offer or are directly included in the product's price. Delivery costs include the charges for deliveries to the agreed destination, as well as the handling charge and VAT. Custom fees are at the expense of the client and charged by the national customs office.
Under no circumstances may delivery delays be subject to claim for compensation or a right to rescind the contract.
Transport Risks
At the moment of delivery of the goods the package has to be to checked, in the presence of the beharre, for external intactness. Damages or destruction of the transport package, also minimally, have to be confirmed upon receipt by the supplier. Without this confirmation no compensation for transport damages will be possible. If during the unpacking any transport damage is noticed, this has to be documented, within 24 hours after receipt, by ascertainment of facts from the delivering haulage company (railway, courier service, post, shipping agent). In case of claim, the confirmed ascertainment of the facts must be sent immediately to Goonet.
Use and Danger
Goonet's offer consists of two kinds of goods:
Unascertained goods - Remote purchase
Products offered are only determined according to their type. If the goods have to be sent from the place of fulfillment to another place, the benefits and risks pass to the customer, at the moment when the goods are posted for delivery (for example, given to the railway, the courier service, the post, the shipping agent) OR 185. So goods travel at the customer's risk.
Species products
Products offered are determined according to their species, which means refined according to the customer's request (Species products). If the goods have to be sent from the place of fulfillment to another place, the benefits and risks pass to the customer upon conclusion of the contract. OR 185.
Delay of acceptance
If the customer fails to accept the good/products deliberately or by gross negligence, Goonet can set the customer, in written form, a final deadline of 14 days, explaining that Goonet declines, at the end of this deadline, the acceptance by the customer. After unsuccessful end of the deadline, Goonet has the right to withdraw with a written declaration from the contract for sale or otherwise claim damages for non-fulfillment. A final deadline does not have to be set, if the customer declines the acceptance seriously and once and for all or if he returns the goods without any justification. If Goonet claims damages, it can claim 15% of the goods' value. Compensation has to be fixed higher or lower, if Goonet proves higher damages or if the customer proves lower damages. If Goonet does not make use of its right of payment of a lump compensation, Goonet can dispose of the object of purchase.
Notice of Defects
Though Goonet controls all articles carefully, complaints may occur. Complaints shall be made within 5 days from delivery, in written form. Stamps for returns and complaints are payable by the customer. All goods remain the property of Goonet until fulfillment of all claims Goonet has towards the customer, no matter from which transaction. This applies also to the delivery of goods that the customer has expressly referred his payment to. In case of returns, not caused by fault of Goonet, no credit will take place.
Retention of Title
The product supplied remains the property of Goonet until the date of full payment and cannot be sold, given in mortgage to third parties nor surrendered. Prices, technical changes and errors excepted. Any recourse to courts of law is excluded.
Terms of Warranty
Goonet delivers only brand new products. Goonet does not warrant nor assume liability for the desired fulfillment of the purpose of certain products nor for their functionality in an EDV-System. Customer claims on the matter are restricted to the extent of the producer's warranty.
Goonet cannot be held liable for direct or non direct damages as well as for property loss; in the case of defects or improper handling, Goonet is excluded from any liability.
Data Protection
The personal data of the client are processed, archived and used in accordance with the Swiss data protection law. Client data are exclusively used within Goonet and are not passed to third parties.
Privacy Details
Place of jurisdiction
Any depute arising between the parties is of the exclusive competence of Swiss law. The place of fulfillment and exclusive venue is Zurich.
Site Policy
The content of the Goonet web site is copyrighted. The reproduction, alteration, diffusion or archiving of information or data, especially of texts, parts of texts or images, need the prior approval of Goonet. The use of all information or data listed here, the registration of certain web sites as well as all actions and omissions related to Goonet web sites are subject solely to Swiss law.
Disclaimer
Goonet provides predominantly information and data, as well as hyperlinks (Internet shortcuts) and information on other web sites. This information and data are solely used for information purposes, without that the user may appeal to or rely on the currency, validity or completeness of the information provided. Insofar as Goonet does not assume any warranty or reliability, especially not for direct or non-direct damages arising from the use of information or data that can be found on Goonet web sites. Goonet does not assume any responsibility especially for the content or the functionality, correctness or legality of third party web sites connected by links from Goonet's web sites. Goonet reserves the right to make modifications or supplements to the information or data provided at any time and without prior announcement.
Update of the General Terms and Conditions
January 2010
Webmaster
If you encounter a mistake on this web site or difficulties with the site, please contact our Webmaster at info [at] goonet.ch.
|
