GTC
GENERAL TERMS AND CONDITIONS OF PORTACOMP AG
1. scope of application
These General Terms and Conditions (hereinafter “GTCs”) apply to all sales and deliveries of Portacomp AG, Nuolerstrasse 42, 8855 Wangen SZ (hereinafter “Portacomp”) via the online store (www.portacomp.ch) or by e-mail, telephone and fax. Deviations from these terms and conditions require the written consent of Portacomp. By ordering products, these terms and conditions shall be deemed accepted and the customer’s general terms and conditions of purchase are hereby rejected.
2. offer
The offer in the online store is aimed exclusively at corporate customers (hereinafter “Customer”) based in Switzerland or Liechtenstein. Customers are legal entities and natural persons who purchase the products as part of their professional or commercial activity for the purpose of resale.
The offer is valid as long as it is visible in the online store and/or stocks last. Prices and product ranges are subject to change at any time. Images of products in advertising, in the online store, etc. are for illustrative purposes only and are not binding.
3. prices
The prices in the online store are in Swiss francs including VAT and any additional fees (in particular SUISA and VRG copyright fees), unless the customer is logged into the online store with their customer number and password. For registered customers, the purchase prices are shown excluding VAT, but including SUISA copyright compensation and including the advance recycling fee. VAT is shown separately in the shopping cart and the invoice amount including VAT is displayed.
We reserve the right to adjust prices at any time without prior notice and without giving reasons. We expressly reserve the right to adjust prices after receipt of order due to price increases from suppliers, additional taxes or customs duties or strong currency fluctuations. There is no entitlement to stock price protection.
4. conclusion of contract
The products and prices in the online store are legally non-binding offers. By clicking on the order button in the online store or by sending the order by e-mail or fax, the customer places a legally binding order. Portacomp shall confirm receipt of the order in writing upon receipt. The purchase contract with Portacomp is concluded with the order confirmation.
If it is determined after the order confirmation that the ordered product cannot be delivered, Portacomp shall be entitled to cancel the order and refund any payments already made. In this case, the customer may not assert any further claims against Portacomp.
Price adjustments after receipt of the order confirmation are expressly reserved in accordance with Clause 3 above.
Information in the online store and in the sales documents does not constitute a guarantee of properties unless it has been designated as binding in writing.
5. delivery
Delivery dates and deadlines are not binding and may differ from the information in the online store.
Where possible, delivery shall be ex warehouse. In the event of delays in delivery, the customer shall not be entitled to claim damages of any kind for the consequences of delay. Partial deliveries shall be possible at any time without consequences for damages and at Portacomp’s discretion.
6. shipping
Goods are shipped against advance payment, cash on delivery or on account. Portacomp reserves the right to decide whether to deliver against prepayment, cash on delivery or invoice.
Goods that are lost during shipment are insured by Portacomp.
Orders with a net value of CHF 400 or more are shipped free of charge. For orders under CHF 400 net, the shipping costs are CHF 15 excl. If an item is not available from stock at the time of ordering, there are no additional costs for subsequent delivery.
7. complaints
The customer must check delivered products for correctness, completeness and delivery or product damage upon receipt.
Incorrect deliveries, deviations in quantity and obvious defects must be reported to Portacomp without delay, but no later than seven calendar days after receipt of the goods by the customer. The notification shall be made in writing to mail@portacomp.ch
The customer is obliged not to put defective products into operation and to keep the original packaging. Returns will only be accepted after prior agreement in the original packaging, including all accessories and with a copy of the invoice enclosed. The customer is responsible for proper transportation and any further damage during the return shipment (see Section 9).
8. reservation of title
Products ordered shall remain the property of Portacomp until full payment has been received. Portacomp shall be entitled to arrange for a corresponding entry in the retention of title register.
9 Warranty / Guarantee
Portacomp guarantees that the ordered product is free of defects and functional for a period of two years after delivery, unless expressly agreed otherwise in writing. The warranty shall only be granted upon presentation of the proof of purchase or delivery, which must be kept in a safe place by the customer.
The manufacturer’s warranty conditions apply (factory warranty). In the event of a warranty claim, the customer shall be entitled to rectification (repair) or replacement in accordance with the manufacturer’s applicable warranty conditions. Portacomp shall be entitled to choose the type of defect rectification.
Portacomp neither warrants certain characteristics of hardware and software nor their suitability for customer purposes or customer needs. Should warranted characteristics exist in individual cases, warranty claims shall be excluded in the absence of such characteristics if and to the extent that the warranty was not recognizably intended to protect against the damage incurred. Furthermore, insignificant deviations from warranted characteristics do not trigger any warranty or guarantee rights.
Excluded from the guarantee are defects caused by incorrect handling, incorrect maintenance, excessive use or wear and tear in accordance with the intended purpose, the use of force or unauthorized modifications, including modifications and removal of the original technical markings. Data errors also do not justify any warranty claims for the customer, unless they significantly restrict the suitability of the delivery item for customer purposes.
In the event of rectification, the customer shall send the defective product to the address specified by Portacomp at his own expense and risk. The defective products shall be sent together with all accessories in the original packaging, enclosing the sales receipt/delivery bill. After the warranty service has been performed, Portacomp shall bear the costs for the return shipment to the customer in Switzerland or Liechtenstein. There is no entitlement to a replacement device during the repair period.
The statutory warranty is excluded in full.
No liability is accepted for the loss of data provided by the customer.
Defective devices that are no longer covered by the warranty and cannot be repaired will be disposed of by Portacomp free of charge and in an environmentally friendly manner or returned on request for a fee.
10. terms of payment
Invoices must be paid within 30 days of the invoice date without any deductions. Customer payments must be made in Swiss francs.
If payment is not made within the above-mentioned period, Customer shall be in default of payment without further ado, whereby Portacomp shall be entitled to charge interest in the amount of 5% from the date of default. During the period of default, Portacomp shall be entitled at any time to rescind the contract, to demand the return of the delivered goods and to claim damages for the non-performance of the contract.
In the case of advance payment, delivery will only be made after receipt of payment. In the case of delivery from stock, the ordered goods are reserved for a period of 10 calendar days. If payment is not made by the customer within these 10 calendar days, the customer shall be in default of payment and the ordered product shall be released again. Portacomp shall not be liable for delays in delivery caused by late payment by the customer.
11. reminder and collection fees
If the customer is in default of payment, Portacomp shall send the customer a reminder by e-mail. Portacomp shall charge an administrative fee of CHF 5 for the second reminder and CHF 20 for the third reminder. Portacomp shall be entitled to assign the outstanding invoice amounts to a debt collection company if the reminders prove unsuccessful. The company entrusted with the debt collection shall then assert the claims in its own name and for its own account and may charge additional processing fees.
12. disclaimer
Claims for damages against Portacomp arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded, except in cases of willful misconduct or gross negligence. Any liability for consequential damage resulting from the use of the products is rejected.
13. data protection
The latest version of the privacy policy applies to the processing of personal data.
14 Applicable law and place of jurisdiction
These GTC may be amended by Portacomp at any time. All legal relations between Portacomp and the customer shall be governed by Swiss law, excluding the Vienna Sales Convention.
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the legal relationship between Portacomp and the customer shall be Schwyz.
15. final provisions
Should any provision of these GTCs be invalid, this shall not affect the validity of the remaining provisions or the GTCs as a whole. The relevant statutory provisions shall apply in place of the invalid provisions.
Wangen SZ, August 23, 2023