General Terms and Conditions
abovo AG / www.abovo.ch
1. scope of application
1.1 For the use of this website and the business relationship between abovo AG and its customers, the following General Terms and Conditions (GTC) apply in the version currently available and valid when the website is accessed or goods are ordered.
1.2 The GTC and the data protection provisions may be amended over time. abovo AG asks you to read these provisions carefully each time you visit the website and each time you order goods.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
1.3 The customer’s terms and conditions of purchase are not binding for abovo AG. They are not binding even if abovo AG does not expressly reject them after receipt.
Deviating agreements require the written consent of abovo AG to be valid.
2. conclusion of contract
2.1 The offers in the catalogs, on the website and in the webshop of abovo AG are subject to change and are not to be understood as binding offers. The offers represent a non-binding invitation to the customer to order products from abovo AG. By placing an order in writing, by e-mail or via the webshop, the customer submits a legally binding offer to conclude a contract.
2.2 For orders placed via the webshop, an automatic e-mail (order confirmation) is generated which confirms that the order has been received by abovo AG. The contract is concluded as soon as abovo AG sends the customer an order confirmation with a delivery date.
2.3 If, after sending the order confirmation, it becomes apparent that the ordered goods cannot be delivered or cannot be delivered in full, abovo AG is entitled to withdraw from the entire contract or from part of the contract. In this case, the customer will be informed and any payments already made will be refunded. If no payment has been made, the customer is released from the obligation to pay. Further claims are excluded.
2.4 All information, descriptions, photos, technical specifications, etc. in the catalogs and on the abovo AG website are provided without guarantee. The valid specifications of the manufacturer at the time of delivery are authoritative for the content of the catalogs and for the web store.
3. prices
3.1 All prices shown in the abovo AG online store are quoted in Swiss francs. The prices do not include the statutory value added tax. Duties and taxes imposed by law are not included and will be passed on.
3.2 Other ancillary costs (e.g. shipping costs, packaging costs, surcharges according to the selected means of payment) are shown separately in the order process and charged additionally.
3.3 Pricing shall be determined at the time the order is placed. Subsequent price fluctuations during the execution of the order shall not be taken into account.
3.4 We reserve the right to make technical changes, errors, typographical and printing errors.
3.5 abovo AG can make price changes at any time without prior notice.
4. means of payment
4.1 abovo AG accepts monthly invoices and payment on collection at its own discretion. abovo AG reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.
4.2 abovo AG can obtain credit checks on the customer from third parties.
5 Terms of payment and retention of title
5.1 If the customer is in arrears with all or part of the purchase price, abovo AG can stop all further deliveries in whole or in part without further reminder until the entire claim has been settled.
5.2 If the customer fails to settle his debts after a grace period has been set, abovo AG can claim damages and proceed in accordance with the provisions of the Swiss Code of Obligations (OR).
5.3 abovo AG may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20.00 per reminder in the event of late payment by the customer.
5.4 abovo AG may impose surcharges on individual means of payment and change these without prior notice.
5.5 The products delivered to the customer remain the property of abovo AG until full payment has been made.
6. delivery and partial delivery
6.1 Delivery is made exclusively via shipping and via the abovo AG warehouse in Selzach. The delivery method selected at the time of purchase can no longer be changed after the order has been completed.
6.2 The following rates (excluding VAT) apply to transportation and parcel shipments:
- Per parcel: CHF 12.00
– Maximum strap size: 250 cm / Maximum length: 150 cm / Maximum weight: 30 kg
– If the maximum strap size is exceeded, several parcels will be created or bulky goods will be charged at CHF 35.00. - For pallets:
– ½ pallet CHF 69.00
– 1 pallet CHF 126.00
6.3 The benefits and risks are transferred to the customer when the goods are dispatched or collected by the customer, insofar as this is legally permissible. If the delivery cannot be delivered or if the customer refuses to accept the delivery, abovo AG can terminate the contract by setting a reasonable deadline and charge the costs for the handling.
6.4 The abovo AG online store provides delivery times as a guide only. These are not binding. If a delivery deadline cannot be met, the customer may withdraw from the order after a grace period of at least 30 days, which must be notified in writing. The customer may not assert any further claims.
6.5 The abovo AG online store can cancel confirmed orders due to external circumstances beyond its control without incurring any costs.
6.6 abovo AG is entitled to make partial deliveries and partial collections from the warehouse in Selzach.
6.7 The online store of abovo AG can commission different transport companies for deliveries and partial deliveries.
6.8 Delivery abroad: We only deliver to Switzerland and Liechtenstein.
7. transport risk and notice of defects
7.1 The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which abovo AG provides a warranty immediately in writing by letter or e-mail to the address of abovo AG.
7.2 If goods are delivered with obvious damage to the packaging or contents, the customer must complain about this immediately to the service provider (e.g. carrier, post office) and refuse to accept the goods. The customer is obliged to obtain a confirmation of damage from the service provider. All transport damage must also be reported immediately to abovo AG.
8. liability
8.1 abovo AG is only liable for direct damages caused by an intentional or grossly negligent act of abovo AG. Liability of abovo AG for direct damages in the event of slight negligence – regardless of the legal grounds – is expressly excluded, subject to mandatory statutory provisions. Liability of abovo AG for indirect damages or consequential damages – regardless of the legal grounds – is fully and expressly excluded.
8.2 abovo AG is only liable for temporary unavailability of the website, failure of individual or all website functions or malfunctions of the website caused by gross negligence or intent. In particular, abovo AG is not liable for technical problems caused by slight negligence, as a result of which orders are accepted or processed late or incorrectly.
8.3 The abovo AG website may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons, without this giving rise to any claims against abovo AG on the part of the user.
8.4 abovo AG accepts no responsibility for the currency, accuracy, legality, completeness or quality of the content of websites accessible via links on the abovo.ch website and excludes all liability in this regard.
9. data protection
We refer to our privacy policy, which can be viewed at: https://www.dev.abovo.ch/datenschutz/
10. severability clause
Should individual provisions of these GTC be wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any loopholes in the provision.
11 Place of jurisdiction and applicable law
11.1 To the extent permitted by law, Selzach/SO (Solothurn-Lebern Judicial Office) shall be the exclusive place of jurisdiction.
11.2 Swiss law shall apply exclusively.