Terms & Conditions
The company FRANCIS et SON AMI AG, hereinafter referred to as the supplier.
Validity of the terms and conditions
The general terms and conditions are based on Swiss law and apply within Switzerland if the parties expressly or tacitly accept them. Changes and ancillary agreements are only effective if they are confirmed in writing by the supplier. If a contract is concluded and the customer also submits general terms and conditions, the corresponding points apply. A written agreement will be made with regard to the deviating components. These GTC apply for an indefinite period of time, as long as they have not been changed by the parties in a written agreement. Otherwise, the provisions of the Swiss Code of Obligations apply to the purchase contract (Article 184 et seq. Swiss Code of Obligations) as well as other Swiss laws and ordinances. If a provision of this contract is or becomes invalid or if the contract contains a gap, the legal validity of the remaining provisions shall remain unaffected. Instead of the ineffective provisions, an effective provision that comes as close as possible to the economic intention of the parties shall be deemed to have been agreed upon from the outset. The same applies in the event of a gap.
The supplier sells colored socks to retailers and end customers. Offers made in writing, by telephone, in a personal conversation, by fax or by e-mail are considered binding. If the customer requests deliveries, products or services that are not included therein, these will be invoiced additionally. Prices are valid for 30 days unless otherwise agreed in writing. All documents and samples submitted with the offer remain the property of the supplier. Third parties may not be granted access to the offer documents without the consent of the supplier. An offer is accepted if the customer declares this in writing, by telephone, fax, e-mail or in a personal conversation. The supplier confirms acceptance in writing by fax or e-mail. If the customer wishes a change compared to the order confirmation, the supplier will inform him within two working days whether the change is possible and what effects it will have on the provision of services, the dates and prices. The change does not apply to products that have already been delivered.
The supplier undertakes to deliver the agreed products to the customer on the dates specified in the order confirmation, while the customer undertakes to take delivery and pay for these products at the predetermined time. The deadlines will be appropriately postponed if obstacles arise that are beyond the control of the supplier; such as natural events, mobilization, war, riots, epidemics, accidents and illness, significant operational disruptions, labor disputes, late or defective deliveries and official measures. In the event of other delays, the customer can forego further deliveries: he must notify the supplier of this immediately.
Request partial deliveries, if possible: This must be agreed immediately.
Set the supplier a reasonable deadline for subsequent performance: If the supplier fails to perform by the end of this grace period, the customer may, provided he declares this immediately, waive the subsequent performance or withdraw from the contract.
The supplier must inform the customer of any delays as soon as possible. Any compensation for damages will be calculated according to Art. 191 OR.
Fulfillment of the contract
The order confirmation is decisive for the scope and execution of the delivery. The supplier delivers the products in the version ordered. Unless a particular place of performance has been agreed between the parties or is evident from the nature of the transaction, the provision of the products at the supplier's registered office shall be deemed delivery. Unless expressly agreed otherwise, the benefit and risk are transferred from the sender to the customer when the goods are dispatched. Unless a special acceptance procedure has been agreed, the customer must inspect the products himself and report any defects in writing. If the customer fails to do so within two weeks of delivery, the products are deemed to be free of defects in all functions and the delivery is deemed to have been approved. The customer is then obliged to pay on time.
Prices and terms of payment
The prices are specified in the price list. VAT will be added. The buyer bears the transport costs (free shipping within Switzerland from a purchase value of CHF 100) as well as the costs for checking the goods. The customer is (unless otherwise agreed) obliged to pay within 14 days after delivery. For new customers, payment terms are defined customer-specifically. If the terms of payment are not met, the supplier is entitled to make claims against the customer immediately or to demand securities for all outstanding claims and/or to only carry out outstanding deliveries against advance payment. If security deposits or payments have not yet been made even after a reasonable period of grace has expired, the supplier can withdraw from the contract even if the goods or a part thereof have already been delivered. If the customer does not meet the terms of payment, the supplier is entitled to claim damages. The customer may offset against counterclaims against the supplier, provided these are due or there is a final court decision. If the customer does not meet the payment deadlines, he must pay interest on arrears from the due date without a reminder, which is four percent above the respective discount rate of the Swiss National Bank.
Retention of title
The goods remain the property of the supplier until full payment has been made.
The supplier undertakes to exercise due care and deliver the products in good quality. He further undertakes to ensure that the employees employed work professionally. In the event of defects in the delivered items, the customer can demand rescission or reduction or goods of the same type as a replacement. The provisions of the OR apply. Excluded from the warranty are defects and faults for which the supplier is not responsible, such as natural wear and tear, force majeure, improper handling, intervention by the customer or third parties, excessive stress, unsuitable equipment or extreme environmental influences. If the customer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the customer changes the resold products, he is liable for the resulting damage to the supplier, the buyer or third parties. The provisions of the Product Liability Act remain reserved.
The parties draw mutual attention to special technical requirements as well as legal, official and other regulations at the destination in good time, insofar as they are important for the execution and use of the products. Furthermore, the parties inform themselves in good time about obstacles that could call into question the fulfillment of the contract or lead to inappropriate solutions.
The place of jurisdiction is the supplier's registered office. However, the supplier may also appeal to the court at the customer's registered office. The parties will endeavor to settle any disputes arising from the implementation of this contract amicably.