Terms and Conditions
General Terms and Conditions of ARSERIT GmbH
1. Scope
These Terms and Conditions apply to all orders, deliveries, and services provided through the ARSERIT GmbH online store.
By placing an order in the online store, the customer accepts these General Terms and Conditions in the version in effect at the time of the order.
Any terms and conditions of the customer that differ from these shall apply only if they have been expressly accepted in writing by ARSERIT GmbH.
2. Offer and Conclusion of the Contract
The presentation of products in the online store does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By submitting the order, the customer makes a binding offer to enter into a sales contract. The contract is concluded as soon as ARSERIT GmbH confirms the order or ships the goods.
ARSERIT GmbH reserves the right to reject orders in whole or in part without providing a reason, particularly in the event of product unavailability, obvious pricing or product errors, or incomplete or incorrect information provided by the customer.
3. Prices
All prices are in Swiss francs, unless another currency is expressly specified.
Unless otherwise indicated in the online store, the prices listed do not include sales tax. Shipping costs, packaging costs, any surcharges, and other fees will be shown separately during the ordering process.
We reserve the right to make changes to prices, technical specifications, and product lines, as well as to correct any obvious errors.
4. Product Information
ARSERIT GmbH strives to provide accurate and complete product descriptions, illustrations, technical specifications, and availability information.
Images may differ from the actual product, particularly in terms of color, size, packaging, or design, provided that this does not affect the product's essential characteristics.
We reserve the right to make technical changes and improvements, provided they do not adversely affect the product's functionality.
5. Order
Orders can be placed through the online store or via other ordering channels approved by ARSERIT GmbH.
The customer is required to provide complete and accurate information when placing an order. ARSERIT GmbH assumes no responsibility for delays, additional costs, or incorrect deliveries resulting from incorrect or incomplete information.
Subsequent changes or cancellations of an order are only possible with the consent of ARSERIT GmbH.
6. Terms of Payment
The payment methods available in the online store are displayed during the ordering process.
Unless otherwise expressly agreed, the purchase price is due upon placement of the order. Delivery will generally take place only after payment has been successfully received or after confirmation from the selected payment service provider.
For payments by invoice, the invoice amount must be paid in full, without any deductions, within the payment period specified on the invoice.
In the event of late payment, ARSERIT GmbH is entitled to charge late-payment interest at a rate of 5% per year, as well as reminder fees and collection costs. ARSERIT GmbH also reserves the right to withhold further deliveries until all outstanding amounts have been paid in full.
7. Retention of Title
The delivered goods remain the property of ARSERIT GmbH until all amounts due under the respective purchase agreement have been paid in full.
The customer agrees to handle the goods with care until full payment has been made and not to take any actions that could impair ARSERIT GmbH’s rights of ownership.
8. Delivery and Shipping
Deliveries are made to the shipping address provided by the customer.
Shipping methods, delivery areas, delivery times, and shipping costs are displayed in the online store or during the ordering process.
Stated delivery times are non-binding unless they have been expressly confirmed in writing as binding. Delays in delivery do not entitle the customer to damages or to rescind the contract, unless this is required by law or has been expressly agreed upon.
Partial deliveries are permitted, provided they are reasonable for the customer.
9. Transfer of Risk and Title
Title and risk pass to the customer or to an authorized recipient designated by the customer upon delivery of the goods.
For deliveries made by a shipping company, the risk passes to the customer no later than when the goods are handed over to the shipping company, to the extent permitted by law.
Any damage incurred during transport must be reported immediately to ARSERIT GmbH and the shipping company. Visible damage should be noted upon delivery, if possible.
10. Availability and Delivery Obstacles
If a product is unavailable despite an order confirmation, ARSERIT GmbH will notify the customer as soon as possible.
In this case, ARSERIT GmbH may offer a replacement product, make a partial delivery, or cancel the contract. Any payments already made for products that cannot be delivered will be refunded.
Events of force majeure, operational disruptions, supply bottlenecks, strikes, government measures, transportation problems, shortages of raw materials, or other circumstances beyond the control of ARSERIT GmbH entitle ARSERIT GmbH to postpone deliveries for the duration of the disruption or to withdraw from the contract in whole or in part.
11. Obligation to Inspect and Complaints
The customer must inspect the delivered goods immediately upon receipt.
Obvious defects, incorrect deliveries, or incomplete deliveries must be reported to ARSERIT GmbH in writing within 10 days of receipt of the goods. If no report is made within this time frame, the delivery shall be deemed accepted, to the extent permitted by law.
Hidden defects must be reported immediately upon discovery.
12. Returns and Exchanges
Returns and exchanges are only permitted in accordance with the return policy specified in the online store or with the prior consent of ARSERIT GmbH.
Unless otherwise agreed, the merchandise must be returned unused, complete, undamaged, and in its original packaging.
The following items, in particular, are excluded from the right of return or exchange:
- custom-made or personalized products;
- products that have been unsealed, used, or damaged;
- Products that cannot be returned for hygienic, safety-related, or technical reasons;
- digital content or services, provided that they have already been delivered or commenced.
The customer is responsible for the cost of return shipping, unless otherwise expressly agreed or unless ARSERIT GmbH is at fault.
13. Warranty
ARSERIT GmbH warrants that the products delivered are free from material defects at the time of transfer of risk.
To the extent permitted by law, ARSERIT GmbH’s warranty is limited, at its discretion, to repair, replacement, a price reduction, or a refund of the purchase price.
The warranty does not cover damage resulting from improper use, incorrect installation, normal wear and tear, lack of maintenance, tampering by third parties, failure to follow operating or safety instructions, or external influences.
Manufacturers' warranties remain in effect. Any manufacturer's warranty is provided in addition to this and is governed exclusively by the warranty terms and conditions of the respective manufacturer.
14. Liability
To the extent permitted by law, ARSERIT GmbH's liability is limited to direct damages caused by intentional or grossly negligent conduct.
Liability for slight negligence, indirect damages, consequential damages, lost profits, data loss, loss of production, loss of use, or claims by third parties is excluded to the extent permitted by law.
We reserve the right to apply mandatory statutory liability provisions.
15. Rights and Obligations of the Customer
The customer is required to use the products properly and in accordance with the applicable operating, installation, maintenance, and safety instructions.
If special requirements are necessary for installation, assembly, maintenance, or commissioning, the customer must ensure that these requirements are met at their own expense, unless otherwise expressly agreed.
ARSERIT GmbH is not liable for damages resulting from failure to follow such instructions or from improper use.
16. Data Protection
ARSERIT GmbH processes personal data in accordance with its Privacy Policy and applicable data protection regulations.
The Privacy Policy is available in the online store and does not form part of these General Terms and Conditions; however, it supplements them with regard to the processing of personal data.
17. Intellectual Property
All content in the online store, including but not limited to text, images, graphics, logos, designs, product information, and other content, is protected by copyright or other laws.
The use, reproduction, modification, or distribution of such content is not permitted without the prior written consent of ARSERIT GmbH, unless otherwise permitted by law.
18. Changes to the Terms and Conditions
ARSERIT GmbH reserves the right to amend these General Terms and Conditions at any time.
The version of the Terms and Conditions in effect at the time of the order shall apply.
19. Severability Clause
If any provision of these Terms and Conditions is wholly or partially ineffective, invalid, or unenforceable, the validity of the remaining provisions shall remain unaffected.
Any provision that is ineffective or invalid shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.
20. Governing Law and Jurisdiction
All legal relationships between ARSERIT GmbH and the customer shall be governed exclusively by Swiss law, to the exclusion of conflict-of-laws principles and the United Nations Convention on Contracts for the International Sale of Goods.
To the extent permitted by law, the place of jurisdiction is the registered office of ARSERIT GmbH.
We reserve the right to invoke any mandatory statutory venues of jurisdiction.