GTC

General Terms and Conditions (GTC)

Contracting Parties

The contracting parties are the purchaser, hereinafter referred to as the Customer, and the supplier, S&E Somex AG, 2053 Cernier, hereinafter referred to as S&E Somex AG.

Scope of Application

These General Terms and Conditions exclusively govern the business relationship between S&E Somex AG and the Customer. S&E Somex AG does not recognize any terms and conditions that conflict with or deviate from these GTC and hereby expressly objects to them. Conflicting terms and conditions of the Customer shall only be valid if expressly agreed to in writing by S&E Somex AG. The masculine form used below applies equally to all genders.

Conclusion of Contract

By clicking the button “Place Order with Obligation to Pay” or by placing an order via email, fax, or post, you submit a binding order. Confirmation of receipt of the order will be sent immediately after the order has been received by email.

Products

The products offered comply with the applicable legislation of Switzerland. S&E Somex AG declines all responsibility regarding any possible non-compliance with the laws of the country from which the product originates, to which it is delivered, and/or in which it is used.

Delivery Times

Please refer to the quotation for the estimated delivery time.

Partial Deliveries

We are entitled to make partial deliveries insofar as this is reasonable for you. Additional shipping costs will only arise upon explicit agreement. However, if the order includes items both from the central warehouse and from the order warehouse, additional shipping costs may also arise without such agreement.

Shipping

Shipping is carried out by post, courier services, or freight forwarding companies. Risk passes to the buyer upon shipment. In the event of damage, loss, or similar issues, the buyer must take the necessary steps. We are happy to assist you in case of problems.

References

Unless otherwise instructed in the “Comments” field of the order, the client expressly grants S&E Somex AG the right to use the client’s logo and the order itself both as a reference and for self-promotional purposes.

Payment Method

Goods are shipped against invoice. The invoice together with the payment slip will be sent to you by post. The payment term is 30 days.

Fees

Once the payment deadline has expired, you are considered in default. In this case, we are entitled to charge interest of 5% per year on the outstanding amount from the beginning of the default, as well as reminder fees of CHF 30.–. In the event of debt enforcement proceedings, at least CHF 300.– will be charged.

Sketches, Drafts, Designs, Samples, and Production Aids

Sketches, drafts, and designs created by us for you remain our intellectual property and may neither be used elsewhere nor passed on without our written permission. If you provide us with drafts or samples for execution, we consider you to be the owner and authorized party. By placing your order, you agree that we may, at our discretion, use products created for you for advertising purposes and present them as samples.

The production aids used for manufacturing the order remain the property of S&E Somex AG. Production aids owned by S&E Somex AG will be stored for a maximum period of 1 year from the date of the last order. The storage risk lies with the Customer.

Warranty

It is at the discretion of S&E Somex AG to provide warranty service through free repair, equivalent replacement, or reimbursement of the purchase price. In the event of a complaint due to a defect, we will generally first attempt rectification (free repair). If rectification fails, S&E Somex AG may, at its discretion, provide an equivalent replacement or refund the purchase price. The warranty does not cover wear and tear, consequences of improper handling or damage caused by the Customer or third parties, nor defects attributable to external circumstances. Liability claims must be asserted directly and exclusively against the product manufacturer.

Retention of Title

The delivered goods remain the property of S&E Somex AG until full payment has been made.

Complaints / Returns

Complaints must be made within 10 days. Returns must be sent postage paid and are made at the sender’s own risk and responsibility.

Severability Clause

Should any clause in these GTC become invalid due to changes in legislation, regulations, or legal rulings, this shall not affect the validity or enforceability of the remaining General Terms and Conditions. The same applies to any possible regulatory gaps.

Privacy Policy

We use your inventory data exclusively for processing your order. All customer data is stored and processed by us in compliance with the relevant legal provisions. You have the right at any time to receive free information about your stored data, as well as the right to correction, blocking, and deletion of such data. Please contact us at [email protected] or send your request by post. We do not disclose your personal data, including your home address and email address, to third parties without your express consent, which may be revoked at any time. Exceptions apply to our service partners who require the transmission of data in order to process the order (e.g. the shipping company responsible for delivery and the financial institution responsible for payment processing). In such cases, however, the scope of the transmitted data is limited to the necessary minimum.

Place of Jurisdiction

The place of jurisdiction for all legal disputes arising from this contract is Schöftland/AG.

Schöftland, September 1, 2023

S&E Somex AG Feldackerstrasse 2 5040 Schöftland Switzerland