General terms and conditions for consumers (“c-GTC”) The following General Terms and Conditions (c-GTC) also include information on rights related to e-commerce. 1. Scope and applicable law
General Terms and Conditions for Consumers (“c-GTC”)
The following General Terms and Conditions (c-GTC) also include information on rights related to e-commerce.
1. Scope and applicable law
(1) These General Terms and Conditions apply to all deliveries by EnzymPro AG to consumers. The customer is a consumer when a transaction is concluded for purposes that in the main cannot be assigned to his professional company or freelance activities.
(2) These c-GTC apply exclusively in the version valid at the time of the order, as does substantive and procedural Swiss law, in particular the provisions of the Swiss Code of Obligations (SCO). The United Nations agreement on the international sale of goods (Vienna Sale of Goods Convention) does not apply.
2. Contracting parties
The sales contract is concluded with EnzymPro AG, Böhleli 7, CH-9050 Appenzell, Switzerland(CHE- 113.470.663) hereinafter: EZP). For questions, complaints and reclamations, you can reach EZP on weekdays from 8.00 to 17.00 at the telephone number +41 (0)71 788 60 30 or by e-mail at mailto:firstname.lastname@example.org.
3. Offer and conclusion of contract
(1) The presentation of the products in the online shop does not represent a legally binding offer but rather an invitation to place an order. All offers apply “until stocks are exhausted”, unless otherwise specified for a product. Price changes and errors reserved.
(2) An offer to conclude the contract is constituted by the customer’s order by telephone, in text form (letter, e-mail, fax) or in the Web shop; it is accepted by EZP’s sending the goods or an order confirmation.
(4) EZP accepts the customer’s offer by sending an order confirmation by e-mail or by sending the goods, Only then is a valid contract concluded.
4. Retention of ownership
Delivered goods remain the property of EZP until they are paid in full.
5. Price/shipping costs
(1) Prices given by EZP are in Swiss francs (CHF) and include the legal VAT. The prices in euros (EUR) are calculated using an internal exchange rate.
(2) At the moment EZP can only accept orders through the Web shop for deliveries within the EU. Above an order volume of 200.00 CHF, shipment is free. Here too, the euro order volume is calculated using the internal exchange rate. Otherwise the respective shipping costs are displayed in the shopping cart.
6. Payment methods
(1) The customer can pay in advance, via immediate transfer or by credit card.
(2) Alternatively, the customer can submit a SEPA authorisation to EnzymPro AG. The direct debit occurs 10 days after the invoice date with a discount of 3% on all discountable items. The term for prenotification is reduced to 7 days. The customer assures that he will ensure that the account has sufficient cover. Costs arising from rejection or return of the direct debit are borne by the customer, provided that the rejection or return was not due to EnzymPro AG.
(3) EZP can request advance payment from individual customers and contracts without providing a reason. The invoice is then reduced by a discount of 2%.
(4) The customer can inform himself about the respective payment options as well as any shipping restrictions prior to the start of the order procedure under “Shipping and Payment Conditions”.
(5) The agreed total price is due in full without deduction upon delivery. The customer is considered in arrears, without a reminder, when payment does not occur within 10 days from receipt of the goods. In this case he must pay the provided interest on arrears of 5% p.a. The customer is explicitly informed of this consequence of arrears of payment in the invoice.
(6) The customer’s obligation to pay interest on arrears does not exclude the assertion of additional damages due to late payment by EZP.
(7) The customer may only offset claims against EZP if these have been legally established or are undisputed. The customer may only exercise a right of retention when his counter-claim is based on the same contractual relation as the claim of EZP.
7. Shipping/Availability of Goods
(1) For both available and unavailable goods, the shipping date for the respective good is displayed before the start of the order procedure. For goods that are not in stock, the order function is temporarily disabled as long as the date for restocking has not been determined.
(2) If a shipping date that has been determined cannot be honoured by EZP due to unforeseen events, the customer will be informed of this immediately. In this case, EZP is entitled to reasonably postpone shipping dates for the duration of the hindrance, but at most
for two weeks after the order. EZP is only considered to be in arrears after the customer sets a reasonable grace period.
(3) If shipping is delayed by more than two weeks, the customer is entitled to withdraw from the contract. In this case EZP is also entitled to dissolve the contract. Any payments already made by the customer will be immediately refunded.
(4) Any shipping restrictions can be viewed by the customer under “Shipping and Payment Conditions” prior to starting the order procedure.
8. Right of revocation
(1) Consumers (see above, Section 1 para. 1) have a right of revocation. Upon making use of this right of revocation, the customer is refunded for the shipment of the goods to the customer and for the sales price if it was already paid.
Right of Revocation Instructions
Customer’s right of revocation
You have the right to revoke this contract within fourteen days without stating a reason. The period of revocation is fourteen days from the day that you or a person named by you who is not the carrier took possession of the goods. To exercise your right of revocation, you must inform us (EnzymPro AG, Böhleli 7, CH-9050 Appenzell, Switzerland (CHE-113.470.663) phone +41 (0)71 788 60 30 or by e-mail at email@example.com) through an explicit declaration (e.g. a letter sent by mail, fax or e-mail) of your decision to revoke this contract. You may – but do not have to – use the attached sample revocation form. To observe the revocation period, it is sufficient that you send the notification of your exercise of your right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must refund all payments that we have already received from you, including the shipping costs (excluding any additional costs resulting from you choosing a method of shipment other than the cheapest standard shipment method suggested by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. We will use the same payment method for the refund as the one you used for the original transaction, unless something else was explicitly agreed with you; in no event will you be charged for the refund. We may refuse the refund until we have received the goods or until you have provided proof that you have shipped them, depending on which comes earlier.
You must return the goods to us immediately and at the latest within fourteen days from the day on which you informed us of the revocation. The period is considered to have been observed if you have sent the goods before the expiry of the fourteen-day period.
You bear the direct costs for the return shipment.
You are only responsible for any loss in the goods’ value if this loss is the result of an action not necessary to inspect the condition, characteristics and functionality of the goods.
End of the right of revocation instructions
(2) The right of revocation does not exist (a) for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or decision by the consumer is decisive, or that are clearly customised to the personal requirements of the customer, (b) for contracts for the delivery of goods that are perishable or whose expiry date would be quickly passed, (c) for contracts for the delivery of goods that are not suitable for return due to health or hygiene considerations, if their protective sealing was removed after delivery.
(3) The sample revocation form (see right of revocation instructions) is provided to the customer at the end of the c-GTC. It can also be viewed, saved and printed on the website www.enzympro.com at “Sample revocation form”.
9. Return shipping costs
If the customer exercises his right of revocation (see right of revocation instructions), he must bear the regular costs for the return shipment of the goods.
10. Duty of inspection/Duty to notify of faults/Warranty for material defects
(1) The customer is obligated to inspect the goods immediately upon receipt. Clear material defects should be reported in text form at the latest within two weeks after receiving the goods (by e-mail, letter, fax) to the address above (see above, item 2). The timely sending of the notification suffices to observe the period.
(2) A warranty only exists for the goods delivered by EZP if it was explicitly mentioned in the order confirmation for the respective article.
(3) Otherwise the warranty for material defects is waived to the extent permitted by law.
11. Limitation of liability/Prohibition of assignment
(1) EZP’s liability and any claims of the customer for damages are excluded to the extent permitted by law. Excluded from this are damage claims of the customer for death, physical injury, harm to health or for the grossly negligent or wilful infringement of significant contractual obligations, as well as the liability for other damages based on a wilful or grossly negligent infringement of the obligations of
EZP or its legal representatives.
(2) Significant contractual obligations in this sense are those whose fulfilment enables the proper execution of the contract and the observance of which the customer can regularly rely on.
(3) In the event of the infringement of significant contractual obligations, EZP is only liable for foreseeable damages typical of such contracts, if they were caused through gross negligence, unless the customer’s damage claims relate to death, physical injury or harm to health.
(4) The restrictions of para. 1 and 3 also apply to the benefit of the legal representatives and agents of EZP if claims are asserted directly against them.
(5) The provisions of the Product Liability Act (PrHG) remain unaffected.
(6) Claims of the customer against EZP arising from or in association with a contract can only be ceded or pledged with the explicit written agreement of EZP.
12. Notes on data processing
(1) EZP collects customer data in the course of executing contracts. It abides by
the provisions of Swiss data protection law. Without the customer’s consent, EZP will only collect, process or use personal and usage data to the extent that this is required to execute the contract and for the use and invoicing of teleservices.
(2) Without the customer’s consent, EZP will not use the customer’s data for advertising, marketing or survey purposes.
13. Saving, contract text and language selection
(1) The customer can save or print the text of the contract upon submitting his order by clicking the menu item “File” and the function “Save as” or
“Print” in his browser.
(2) The customer can save or print the c-GTC by clicking on the c-GTC link on the last page of the order procedure or in the main menu and then clicking on the button “Print page” or on the link “Save”.
(3) The contract text will be saved by EZP and can also be e-mailed to the customer free of charge upon request.
(4) Regardless, the customer will be sent the contents of the contract as well as the c-GTC valid at the time of the contract’s conclusion in the confirmation e-mail.
(5) The language of the contract is German.
14. Final provisions/Severability clause
(1) Provided that no binding legal provisions prohibit the setting of a jurisdiction, the parties agree on
9050 Appenzell, Switzerland as the exclusive jurisdiction for all conflicts associated with the contract between the customer and EZP. EZP is also entitled to pursue the customer at his place of residence.
(2) Should individual provisions of the above provisions of the present c-GTC be or become invalid, this will not affect the validity of the remaining provisions. The invalid provision is to be deemed replaced by another provision that legally substantially realises the originally intended purpose.
EnzymPro AG, Version 2014