General Terms and Conditions applying to customers (GTC)
The following general terms and conditions (GTC) also contain information on the legislation for e-commerce.
1. Scope of Application and Governing Law
(1) These General Terms and Conditions are valid for all deliveries from EnzymPro AG to the customer. The customer is deemed a consumer, as long as the purpose of the legal transaction cannot be linked to a commercial activity or to an activity of an independent entity.
(2) Only these General Terms and Conditions are valid in the version applicable at the time the contract was concluded, as well as the substantive and adjective Swiss law, in particular the regulations of the Swiss Code of Obligations (OR). The United Nations Convention on Contracts of International Sale of Goods (CISG) does not apply.
2. Contractual Partner
The contract is concluded with EnzymPro AG, Böhleli 7, CH-9050 Appenzell, Switzerland (CHE-113.470.663) (subsequently: EZP). For requests and complaints, you can contact EZP on workdays between 8 am and 5 pm by calling +41 (0)71 788 60 30 or via e-mail at email@example.com.
3. Offer and Conclusion of Contract
(1)The product descriptions and illustrations depicted on the online store are not considered as legally binding offers but a request to order. All offers are available “while stocks last” unless something else is mentioned next to the product descriptions. Errors and prices are subject to change.
(2)An offer to conclude a contract arises from the written order of the customer via mail, e-mail, or fax or via the online store, which is accepted by EZP by delivering the goods or sending an order confirmation.
(3)The customer must first register with the online store of EZP by entering all data necessary for the conclusion of the contract. By clicking the button “Add to cart”, the customer can select specific items for a subsequent order and correct the selection by clicking the buttons on the “Shopping cart” page. By clicking the “Check Out” button, the customer is directed to the final order overview. The customer can change the type of payment, view and accept the general terms and conditions, the cancellation policy, and the data protection policy, and see the entirety of the order. By subsequently clicking the button “Binding Order”, the customer submits a binding offer for the purchase of the goods in the shopping cart. The confirmation of receipt that EZP sends automatically is not a binding confirmation of order and only serves to inform the customer.
(4)EZP accepts the customer’s order by sending an order confirmation via e-mail or by sending the ordered goods. Only then a valid contract is concluded.
4. Reservation of Ownership
The delivered goods remain the property of EZP until payment is completed.
5. Price / Delivery Charges
(1)Price quotes by EZP are formulated in Swiss Francs (CHF) and include VAT. Prices in Euro (EUR) are calculated using an internal exchange rate.
(2)For the time being, EZP can only accept orders via the online store if the delivery of the goods occurs within the European Union. Orders with a value of more than 200.00 CHF are free of delivery charges. The order value in Euro is calculated via the internal exchange rate. Otherwise, the delivery charges are included in the information on the shopping cart page.
6. Terms of Payment
(1)The customer can pay by prepayment, immediate transfer, or credit card.
(2)Alternatively, the customer can grant the EnzymPro AG a SEPA Direct Debit Mandate. The payment by direct debit takes place 10 days after the invoice date with a cash discount of 3% on all discountable amounts. The time period for prenotification is shortened to 7 days. The customer has to provide for a sufficient coverage on the given account. Costs that result from non-payment or reversal of the debit entry will be charged to the customer unless the non-payment or negative booking is caused by EnzymPro AG.
(3)Without giving reasons, EZP can insist on prepayment from individual customers. The invoice amount is then reduced by a 2% discount.
(4)The customer can inform himself about the payment options and possible delivery restrictions before the ordering process under “Terms of Delivery and Payment“.
(5)The agreed invoice amount is due for immediate payment without deduction upon delivery. The customer is in arrears if he does not pay within 10 days of the receipt of the goods. In this case, the customer has to pay an interest for default of 5% p.a. The implications of delayed payment will be explicitly pointed out on the invoice.
(6)The commitment of customers to pay default interest does not exclude the assertion of further damages caused by the vendor to EZP.
(7)Claims by the customer against EZP must be undisputed or lawfully established. The customer can only exercise a right of retention, as long as his counterclaim refers to the same contractual agreement as EZP’s claim.
7. Delivery/ Availability of Goods
(1)The date of delivery is given for available and unavailable goods before the beginning of the order process. For unavailable products, the order functionality is temporarily removed as long as the date of subsequent delivery is unknown.
(2)If a delivery date is set but cannot be met by EZP due to unpredictable circumstances, the customer is immediately informed about it. In this case, EZP is allowed to postpone the delivery date by the duration of the impediment, but no longer than two weeks from the order date. A delay of EZP only occurs after the setting of an adequate grace period by the customer.
(3)In the case of delays longer than two weeks, the customer has the right to withdraw from the contract. Furthermore, EZP is entitled to withdraw from the contract in this case. Previous payments by the customer are immediately refunded.
(4)Information on possible delivery restrictions can be viewed in the “Conditions of Delivery and Payment” before the beginning of the order process.
8. Right of Revocation
(1)Customers (cf. article 1, paragraph 1) have a right of revocation. When exercising this right, the costs for delivery of the good as well as the purchase price are refunded to the customer.
Customer Right of Revocation
You have the right to cancel the contract within a period of 14 days without giving any reasons. The period of revocation is 14 days from the day that you or a third person announced by you, who is not the carrier, takes possession of the goods. In order to exercise your right of revocation, you have to inform us (EnzymPro AG, Böhleli 7, CH-9050 Appenzell, Switzerland (CHE-113.470.663) via phone +41 (0)71 788 60 30 or via e-mail at firstname.lastname@example.org) of your decision to revoke this contract by means of a clear statement to this effect (e.g., a letter sent by mail, fax, or e-mail). You may use the enclosed revocation form for this, which, however, is not obligatory. Mailing the notification to exercise your right of revocation before the end of the revocation period is sufficient to observe the revocation deadline.
Implications of Revocation
If you cancel this contract, we shall refund you all payments that we have received from you, including delivery charges (except for additional costs incurred as a result of the fact that you requested a type of delivery other than the cheapest standard delivery offered by us), without delay, and at the latest within 14 days from the date on which we receive the notification of your cancellation of this contract. For this refund, we shall use the same means of payment that you used in the original transaction, unless expressly otherwise agreed upon with you. Under no circumstances shall any charges be debited to you for this refund. We reserve the right to refuse to refund payments until we have received the goods or until you have provided proof that you have returned the goods, whichever comes earlier. You shall send back or hand over the goods to us without delay, at the latest within 14 days of the date on which you notify us about the cancellation of this contract. The dispatch of the goods before the expiry of the 14-day period is sufficient to observe the period. You shall be responsible for the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling them other than what is necessary to ascertain the nature, properties, and functioning of the goods.
Endof Cancellation Policy
(2) The right of revocation does not apply for (a) contracts for the delivery of goods that are not pre-manufactured and whose production necessitates the individual selection or configuration by the customer or which is explicitly tailored to the personal requirements of the consumer, (b) contracts for the delivery of goods that are perishable or for which the date of expiration is reached in a short time, (c) contracts for the delivery of sealed goods that are not suitable for return due to health or hygienic reasons if the seal has been removed after delivery.
(3)The revocation form (see Cancellation Policy) is supplied to the customer at the end of the General Terms and Conditions. It can also be obtained, saved, and printed on the website www.enzympro.com under “Revocation Form”.
9. Return Costs
Should the consumer exercise his right according to the cancellation policy, then he has to bear the normal return costs.
10. Duty to Inspect / Notify / Warranty
(1)The customer is obliged to inspect the goods upon receipt. Obvious defects shall be notified within at most 2 weeks after receipt of the goods by means of a written notification (e-mail, letter, fax) to EZP at the address stated under article 2. Mailing of the goods before the expiry of the 14-day period is sufficient to meet the deadline.
(2)A warranty for products of EZP is only takes place if it is explicitly mentioned in the order confirmation of the product.
(3)As for the rest, all warranty is excluded within the scope admissible and permissible by law.
11. Exclusion of Liability/Prohibition of Assignment
(1)Liability of EZP as well as customer claims for damage reimbursements are excluded within the scope admissible and permissible by law. Excluded there from shall be customer reimbursement claims for damages arising from the injury of life, body, or health and other damages based on a deliberate or gross negligent breach of contractual obligations by EZP or their legal representatives.
(2)Major contractual obligations are such the performance of which makes the due performance of the contract at all possible and on the performance of which the customer is intended to rely on.
(3)In the case of the infringement of fundamental contractual obligations, the scope of the liability of EZP shall, however, be restricted to compensation for the typical foreseeable damage, except in the case of negligence, unless it is damage reimbursement claims arising from the injury of life, body, or health.
(4)Restrictions frompar.1 and 3 also apply to legal representatives or agents of EZP if claims are directly asserted at them.
(5)Regulations of the Product Liability Act (PrHG) remain unaffected.
(6)Claims against EZP in relation to a contractual relationship can only be transferred or pledged with the explicit, written consent of EZP.
12.Information on Data Processing
(1)Within the processing of contracts, EZP collects data of customers. In doing so, EZP will adhere to the rules of the Swiss Data Protection Act. Without the consent of the customer, EZP will collect and utilize user data only as is required for fulfilling the contractual relation and the use and invoicing of teleservices.
(2)Without the consent of the customer, the data are not used for purposes of advertising, market research, or opinion polls.
13. Storage, Contractual Text, andContractual Language
(1)The customer can save and print the contractual text upon submitting his order by selecting the browser option “File” and the function “Save as” or “Print”.
(2) The customer can print or save the General Terms and Conditions by clicking its link and selecting “Print page” or “Save” on the last page of the order process or in the main menu.
(3) The contractual text is stored byEZP and can be passed on to the customer at no cost upon request via e-mail.
(4) Independently, the General Terms and Conditions that are applicable at the time of the conclusion of the contract as well as the content of the contract are included in the confirmation e-mail that is sent to the customer.
(5) The contractual language is German.
14. Final Clause / Severability Clause
(1) Unless inconsistent with mandatory legal provisions, the contractual partners agree upon the exclusive legal venue for all types of proceedings between the customer and EZP to be 9050 Appenzell, Switzerland. EZP is also entitled to arraign the customer at his or her permanent residence.
(2) Should individual clauses of the General Terms and Conditions be or become invalid, the validity of the other clauses is not affected.
The invalid clause shall be replaced by a different clause in order to serve the original purpose of the clause in a matter admissible by law.
EnzymPro AG, status as of……2014