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1. General
1.1 The
These General Terms and Conditions (GTC) regulate the contractual ones
Relationships between the customer and e-teile GmbH regarding e-teile
GmbH offers products regardless of the sales channel.
1.2 Opponents
or conditions of the customer that differ from these General Terms and Conditions are only valid if
if they are provided by e-teile GmbH in writing in individual cases and before the contract is concluded
have been confirmed.
1.3 The General Terms and Conditions are
Part of all contracts concluded between the customer and e-teile GmbH
be completed. With the product order (regardless of
Sales channel), the customer accepts the general terms and conditions, which also apply to all future ones
Contracts apply. The latest edition of the General Terms and Conditions is available on www.e-teile.ch
published. With each order the customer accepts the modified or
most current terms and conditions.
1.4 The order
Products from e-teile GmbH can be purchased electronically via the online shop
E-mail, postal mail, telephone, as well as directly at the headquarters. The customer
confirms that his information is true and complete.
1.5 Oral
There are no agreements.
1.6 The purchase contract
comes about with e-teile.ch e.K., owner: E-teile GmbH, Unterfeldstrasse 10,
8580 Amriswil, commercial register: UID CHE-376.132.931., on August 30, 2023.
2. Registration as a customer /
User account online shop
2.1 Every customer is
entitled to open a user account for the online shop via the Internet,
whereby he undertakes to provide the information truthfully and completely
to fill out.
2.2 For those through
Transmission errors, malfunctions, technical defects and disruptions,
Operational failures or unlawful interventions in the customer's IT systems or
E-teile GmbH excludes all liability for damage caused by a third party
out of. The customer is responsible for his user account, the protection of his user name and
responsible for the password.
2.3 E-teile GmbH
is entitled, without prior notice and without giving reasons, to do so
Block your user account for the online shop and register as a customer.
3. Offers / Orders /
Availability of products
3.1 The
Product presentation from E-teile GmbH using catalogs, price lists and in
Online shop represents an invitation to make an offer and is for E-teile
GmbH non-binding.
3.2 The
Product order by the customer via any communication channel
(Online shop, email, telephone, post) is binding for this.
3.3 A contract
between the customer and E-teile GmbH comes about at the latest when E-teile
GmbH does not respond to the request within three working days of receiving the order
rejects. The period begins one day after delivery of the order and is
complied with if the declaration from E-teile GmbH is made on the last day of the deadline
is sent or communicated to the customer. E-teile GmbH reserves the right
To refuse to process an order without giving reasons or
to impose quantity restrictions.
3.4 Technical
Information, including that regarding the linking of individual products
with each other and/or with vehicles as well as the description of the product
Offers, brochures and other information are, insofar as this is clear from the
Order confirmation does not indicate otherwise, is non-binding and does not represent any
legally binding assurance of properties. E-teile GmbH
assumes no liability for the correctness of the technical data
Completeness, timeliness and suitability with regard to the information provided by the customer
intended use. Customer claims for direct or
Indirect damage from this is excluded and it is within the scope of the
Responsibility of the customer, the usability of the products for him
intended use.
3.5 E-teile GmbH
makes no warranty regarding product availability and reserves the right
reserves the right to only carry out the contract when the ordered products are in stock
are effectively available or a timely delivery of electronic parts
GmbH is possible by the manufacturer or supplier.
4. Delivery/transfer of risks
4.1 The delivery
takes place directly to the delivery address and contact person specified by the customer
of Switzerland. The place of fulfillment is the place where the goods are delivered
is handed over to the transport company.
4.2 For all
For deliveries and self-collection, the risk is transferred to the customer,
as soon as the goods are ready for dispatch or to the transporter or the person collecting the goods
has been handed over. E-teile GmbH declines any liability for
Transport damage.
4.3 The Deliveries
In Switzerland, orders usually take place within 24 hours on weekdays.
Unless otherwise agreed in writing, individually
The stated deadlines are only inaccurate information and E-teile GmbH
assumes no liability for a specific delivery time.
4.4 E-teile GmbH
can refuse deliveries or the execution of work if opposite
There are outstanding claims due to the customer.
5. Acceptance obligation / cancellation
5.1 The customer
undertakes to accept the products delivered by E-teile GmbH. If
If the customer refuses acceptance, it is up to E-teile GmbH whether to do so
insists on fulfilling the contract or withdraws from the contract. In any case, E-parts
GmbH is entitled to a compensation of 20% of the invoiced amount
Price to be charged. E-teile GmbH reserves the right to assert claims
to claim further damages.
5.2 The return of products is excluded. Deviating from this, E-teile GmbH grants this
Customers have a 14-day return period when new. E-teile GmbH expressly excludes the possibility of taking back products or electronic components ordered specifically for the customer. E-teile reserves the right to return products within 14 days of delivery
GmbH proposes to deduct a processing fee of 20% of the price charged from the credit.
All returns must be registered here:
https://www.e-teile.ch/retourn/
6. Prices, payment methods,
Retention of title
6.1 In the event of delivery delays or individual purchases for the customer, the following applies
Daily price on the day of ordering by E-teile GmbH. E-teile GmbH reserves the right
expressly reserves the right to adjust prices at any time.
6.2 The prices
are net plus VAT in Swiss francs. The price
of the car parts includes transport costs by post.
Cash on delivery charges and other fees are charged separately.
6.3 The invoice amount must generally be paid in advance. E-teile GmbH can do this
However, customers have an arbitrary payment period (usually 30 days from
invoice date). Unjustified cash discounts will be deducted immediately
charged and remain owed.
6.4 In the event of late payment in accordance with Section 6.3. default occurs without warning and the
The customer owes default interest of 5% p.a. E-teile charges for each reminder
GmbH a processing fee of CHF 20.-, whereby the company pays the
We reserve the right to claim further damages. In the event of late payment
E-teile GmbH has the right to withdraw from the contract without a grace period
to reverse the contract and claim damages.
6.5 Billing
Counterclaims from the customer are excluded. The customer is not entitled to any
Settlement law. In addition, the customer is not released from his payment obligation
exempt, even if he asserts that he has claims (e.g. due to
defects) from the contract with E-teile GmbH.
6.6 E-teile GmbH remains the owner of the delivered products until they have contractually agreed
has received all payments owed in full.
6.7 Purchase on account (including payment in installments) is processed by CembraPay AG. It
The general terms and conditions and data protection declaration of CembraPay AG apply.
7. Warranty
7.1 The customer must
immediately after delivery, the quality of the goods received
Check products and, if there are defects, E-teile GmbH in writing
Report a defect, stating the customer and order number. As a defect in
Incorrect delivery also applies in this sense. If the customer misses the notification,
The purchased products are considered approved unless there are defects
acts that were not apparent upon careful examination. Surrender to
If such defects occur at a later date, this must be done within 48 hours
upon discovery, to submit a written complaint to E-teile GmbH,
otherwise the product is deemed to be approved even with regard to these defects.
7.2 On the
Parts supplied come with a 12 month warranty. Of the
Any electronic parts are excluded from the warranty.
7.3 For
Defects/damage that are due to unprofessional workmanship (installation, conversion,
expansion, etc.) are to be traced back (e.g. processing by the customer himself,
laypersons, non-professionals, etc.) any warranty or liability is assumed
excluded. In such cases, the customer therefore has no ownership whatsoever
Warranty and/or liability claims.
7.4 If during
the warranty period on a product is subject to the warranty
A defect occurs and this product is manufactured, processed,
has been repaired or maintained, the customer is entitled to
Repair or replacement of the defective product. E-teile GmbH reserves this
Right to choose between the two options at your own discretion
to choose the corrective action. If the defect is due to insufficient performance of the electronic parts
GmbH, it is free to choose between repairs or
Reduction (cost reduction) to choose. Further warranty claims
are excluded.
7.5 The
Warranty is expressly excluded for defects due to normal
Wear and tear, improper maintenance or incorrect storage, use or
Processing, incorrect operation, excessive stress such as
Motorsport use, etc., natural corrosion and other reasons caused by E-parts
GmbH is not responsible. The warranty period expires prematurely if
the customer or a third party, without the prior written consent of E-teile
GmbH, carry out repair work on the defective product.
8. Liability
8.1 E-teile GmbH
is only liable for direct damage caused intentionally or through gross negligence
Damage. Liability for indirect damage and damage caused by negligence
is excluded. In particular, E-teile GmbH is not liable for the costs
as a result of removal and installation of the replaced or to be replaced parts as well as the
any consequential damages resulting from the use of the defective parts
Art.
8.2 Liability for
E-teile GmbH's auxiliary personnel will be provided within the scope of what is legally permissible
stipulated away.
8.3 Customer Payments
in the E-teile GmbH online shop take place in a protected area in which
the data is transmitted using encryption. Nevertheless, E-teile GmbH can
cannot guarantee the security of the payment system and is not liable for it
Security of the transmission of the data or from a possible
Damage caused by data misuse.
9. Data protection
9.1 Those in the frame
Personal customer data collected during customer registration is stored
and can be used both for contract processing and for other purposes, such as:
used for marketing purposes. The customer declares his consent to E-parts
GmbH is entitled to the information recorded in the course of contract processing
personal customer data for marketing communication with the customer
use.
9.2 The customer can E-parts
GmbH at info@e-teile.ch at any time that he does not have any
Marketing communication wants more.
10. Copyright
10.1 E-teile GmbH
reserves the property rights and copyrights to images and others
Documents available.
10.2 The Customers
are obliged to comply with trademark and copyright regulations
and in particular no unauthorized use of trademarks and images of the E-teile
GmbH. Any unlawful use by the customer is
not approved by E-teile GmbH. E-teile GmbH assumes no liability
and reserves the right to any claims for damages.
11. Final provisions
11.1 Any
Sales partners and sales consultants of E-teile GmbH are not authorized to
to enter into obligations or provide guarantees on behalf of E-teile GmbH.
Such declarations only become binding when they have been made by E-teile GmbH
have been approved in writing.
11.2 Should one
Provision of these General Terms and Conditions and/or the contract may be or become ineffective
This does not affect the remaining provisions of these General Terms and Conditions. E-teile GmbH
and the customer hereby undertake to make a regulation that is in keeping with the meaning
and the purpose of the ineffective standard corresponds as far as possible. changes,
Additions and additional agreements to the General Terms and Conditions must be in writing.
11.3 Rights and
Obligations arising from the contract can only be fulfilled by the customer in writing
The consent of E-teile GmbH can be transferred to third parties.
11.4 This
The legal relationship between the customer and E-teile GmbH is subject to this
Swiss substantive law excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The
The exclusive place of jurisdiction is Amriswil TG, whereby E-teile GmbH is
expressly reserves its claims to any other competent court
to assert.
11.5 E-teile GmbH
is entitled to change these General Terms and Conditions at any time. It is the responsibility of E-teile
GmbH to announce the changes in an appropriate manner. By making the
next order via the online shop or the next order via
Email, post or telephone, the changes will be approved by the customer.
11.6 These Terms and Conditions
come into force on December 12, 2023. They replace everyone up to this date
valid terms and conditions of E-teile GmbH.
Place of jurisdiction responsible authority:
Arbon District Justice of the Peace Office, Bahnhofstrasse 3 / PO Box 300, 8590
Romanshorn, Switzerland