General Terms and Conditions

ORDERS

1. Validity

These general terms and conditions are valid exclusively and are the base of every contract for the sale of goods, services and offers of SOGLIO-PRODUKTE AG (hereafter referred to as SOGLIO) with all customers. They apply instead of and before any terms and conditions that a customer may refer to or present in their own documents. Any exceptions are only valid upon written and explicit confirmation of SOGLIO.

2. Contract Formation

The contract between a customer and SOGLIO is not definite until SOGLIO accepts the order of the customer. The order of a customer is submitted online on the SOGLIO website, via telephone, via fax or in written form.

3. Prices

All price indications online and on order cards are nonbinding. Prices and products are subject to change and are possible at any time without previous announcement and with no disclosed reason. Prices are binding as indicated on the offer accepted by SOGLIO resp. the order confirmation issued by SOGLIO. If any changes arise due to surcharges, additional fiscal charges, tariff increases or strong currency fluctuations, SOGLIO reserves the right to a respective price change. In this case, the customer is notified immediately. If value added tax is not explicitly indicated, all prices are to be understood exclusive of value added tax and similar taxes and charges; these must be compensated by the customer. Shipping fees and possible processing charges are indicated separately in the invoice issued by SOGLIO in case they are not included in the product prices. Partial shipment with respective partial billing is possible. In that case, shipping fees are billed only once.

PAYMENT, DELIVERY AND SHIPPING

4. Terms of Payment

Payments are usually done via invoice and are payable within 30 days from date of invoice. After the expiration of that term without a payment, the customer is in default without any further warnings with a yearly default interest of five percent. The invoice is normally included with the delivery of goods. SOGLIO can demand partial or full prepayment, especially when there are no existing business relations to the customer, or when other reasons apply that require a secured payment by the customer. Should the customer’s financial situation change for the worse so that the payment claim of SOGLIO is endangered, SOGLIO entitled to make the further fulfilment of contract conditional on the accounts due. The customer is only entitled to offset indisputable claims against SOGLIO that are legally recognized and binding.

5. Payment Options

• On Account

You receive a written invoice with the delivery. When ordering on account, SOGLIO-PRODUKTE AG reserves the right to obtain any credit rating information. Bank details: SOGLIO-PRODUKTE AG, GKB Chur, Account No.: CK 412.125.200, IBAN: CH31 0077 4110 4121 2520 0, Clearing-Nr.: 774, SWIFT (BIC): GRKBCH2270A

• Credit Card (Visa or Eurocard/Mastercard) via WORLDLINE Payment Services
• Via Paypal
• Via Twint
• Via PostFinance (Card or E-Finance)

6. Late Payment

If we cannot determine a payment 45 days after invoicing, we send out a reminder (1^st warning). Should this remain unsuccessful, we send out fee-based reminders (2^nd reminder CHF 20.00, 3^rd reminder CHF 50.00). After this reminder procedure we reserve the right to take legal action.

7. Delivery

The delivery is depending on availability of products. Delivery periods and dates are only binding if they have been explicitly agreed on in written form with the customer and are designated as binding. In any other cases, delivery periods and dates are only seen as a notification and imply no definite confirmation of a fixed date or due date.

With no alternative order confirmation, shipments are generally made 2 working days after orders received. If a delivery does not reach the customer within 10 days, the customer contacts SOGLIO. Should the delivery of a single product be delayed more than three weeks beyond the delivery date, the customer is entitled to cancel the delivery of the respective product in written form. Any further claims of a buyer due to delayed deliveries or assertion of withdrawal are explicitly excluded. SOGLIO is entitled to consult subcontractors at any point, especially third-party contractor and related companies.

8. Shipping

Within Switzerland and Liechtenstein, orders are shipped via Swiss Post with PostPac Economy. Orders with a purchase value of CHF 100.00 and over are shipped free of charge. For all other orders, a shipping fee of CHF 9.50 will be charged. If requested, your order can be sent with PostPac Priority for a fee of CHF 11.00. In some exceptional cases, higher shipping fees may need to be charged. All products in the Swiss webshop https://shop.soglio-produkte.ch are shipped exclusively within Switzerland and Liechtenstein. Orders and deliveries to EU countries need to be made in the webshop of SOGLIO (Deutschland) GmbH: https://shop.soglio-produkte.de

THE FINE PRINT

9. Transfer of Risk The risk of loss or damage to the products is transferred to the customer as soon as the products have been personally consigned or transferred to the Swiss Post or any other shipping company. Transport ensues at the customer’s risk.
10. Reservation of Ownership Any goods delivered remain property of SOGLIO up until their full payment. If a customer is in default of the payment of the purchase price, SOGLIO reserves the right to withdraw from the contract through a notice of repudiation and to demand the handover of the goods delivered.
11. Return and Warranty Terms Customers inspect the products after delivery and must notify of any obvious defects, especially wrong deliveries, quantity deviations and other noticeable defects as soon as possible, at the latest 10 days after receiving the delivery. Customers must notify SOGLIO in written form of all latent defects within 10 days of their detection. Latent defects may be claimed up until two years after receiving the delivery. All claims must describe the problem as closely as possible, as deemed acceptable to the customer. SOGLIO is excluded from any late, incomplete and unsupported warranty claims.

Returns are accepted only upon consultation and including all accessories as well as a copy of the receipt. Customers are responsible for proper shipping. Any shipping fees are chargeable to customers. It is at the discretion of SOGLIO if a faulty delivery is corrected, or fully or partially replaced. The present scope of warranty is final. Any additional warranty of SOGLIO is therefore explicitly excluded. SOGLIO is specifically not liable for any mediate or immediate defects.

12. Statute of Limitation The period of limitation for warranty claims is – under reserve of diverging conditions through legal requirements that proceed the terms of these general terms and conditions – a year and begins with the delivery of products.
13. Resale Please contact us if you are interested in reselling SOGLIO products. Without a written confirmation of SOGLIO, it is not allowed to deal in SOGLIO products.
14. Data Protection See separate privacy policy.
15. Liability for Technical Problems SOGLIO does not assume liability for damages that result from temporary or permanent technical problems and/or outages in the website operation, e-mail correspondence or other technical facilities, to the extent permitted by law.

16. Applicable Law and Jurisdiction These terms and conditions as well as the business conducted via the SOGLIO website are exclusively subject to the material Swiss Law to the exclusion of agreement of the United Nations for contracts on international purchase of goods from 11 April 1980 (UN Convention on Contracts for the International Sale of Goods / CISG).

Place of execution is Castasegna, Bregaglia / CH. Where legally permissible, Castasegna, Bregaglia / CH is the exclusive jurisdiction for both parties.

17. Final Provisions The customer cannot transfer rights and duties from this agreement to third parties. In case of doubt, the version of the terms of conditions in German is binding and overrides those of other languages. These terms and conditions replace all previous agreements and business conditions between the parties.

CH-7608 Castasegna, 08.12.2020