General terms and conditions of allnew AG


General remarks

1. These general Terms & Conditions (“T&Cs”) apply to all contracts between allnew AG (“ALLNEW” or “WE”) and the purchaser (“PURCHASER”) concluded online.

Conclusion, scope and content of the contracts

2. Products offered by ALLNEW, particularly the information and prices offered online, are non-binding, subject to change without notice and do not constitute an offer to conclude a contract; the PURCHASER’s order represents a binding offer to conclude a purchase contract. The purchase contract is made effective only upon the electronic order confirmation from ALLNEW.
3. The scope and content of a contract are determined by the order confirmation and these general T&Cs. Verbal deviations from the T&Cs or subsequent amendments or additions to a contract require an additional written order confirmation or express written confirmation or permission from ALLNEW to be effective. 

Product descriptions and product changes

4. Illustrations and descriptions of products in the online shop are exclusively indicative and are binding only on express written agreement. ALLNEW reserves the right to make changes with regard to materials and design of the delivery items.

Prices, price changes and minimum order values

5. The prices given are in EUR and Swiss francs (CHF) including VAT and, where applicable, advance recycling fees and copyright fees. Packaging and transport costs and applicable fees and customs duties are not included in the price. 

Shipping, transfer of benefit and risk, partial deliveries

6. All deliveries are made from the ALLNEW central warehouse and/or distribution warehouses in Switzerland or Germany. ALLNEW shall be entitled to select the shipping method and carrier. Subsequent changes to the destination shall be paid in full by the PURCHASER.
7. Benefit and risk are transferred to the PURCHASER on provision of the products and corresponding notification of readiness for shipment, at the latest however with handover of delivery to the shipping company, carrier or other person designated responsible for transport. If, before the delivery item is handed over, the PURCHASER makes it known that s/he will not accept the delivered item, the risk of accidental loss or accidental deterioration of the delivery item is transferred to the PURCHASER at the time of refusal. If the shipping is delayed at the request of the PURCHASER, the risk shall pass to the PURCHASER upon notification of readiness for shipping by the seller.
8. ALLNEW reserves the right to make partial deliveries.

Deadline for deliveries, delivery default

9. Delivery periods and deadlines are non-binding and non-observance does not constitute default. Adherence to an agreed delivery deadline requires that the PURCHASER meet all agreed obligations to ALLNEW promptly. If these requirements are not complied with on time, the delivery period for ALLNEW shall be extended accordingly.
10. ALLNEW reserves the right not to deliver ordered products if they are unavailable; in this case ALLNEW will inform the PURCHASER immediately of the non-availability and will in all cases repay in full any payment already received.
11. ALLNEW is considered in default only if no delivery is made by the due date and, after receiving an express written reminder from the PURCHASER with a reasonable (in relation to the originally agreed delivery date) new deadline, delivery is again not made. 
12. ALLNEW’s delivery obligations are subject to correct and prompt self-supply. If ALLNEW is prevented from delivering or from adhering to an agreed delivery date for reasons beyond ALLNEW’s control, ALLNEW is exempted from the obligation to deliver. ALLNEW is in this case not obliged to reimburse any payment received.

Payments, payment default

13. Payment of the purchase price is made in advance, by credit card, paypal or invoice.
14. Payments must be made within 14 days from date of invoice. Whether due and proper payment has been made shall be solely determined by the receipt of the payment by ALLNEW.

Warranty, statutory periods

15. The products are free of defects if, at the time of risk transfer, they are in the agreed condition or do not deviate from this materially. 
16. Warranty claims are excluded in cases of insignificant deviation from the agreed condition, insignificant degradation of usability, natural wear and tear or damage arising after the transfer of risk, or negligible optical or technical deviations from associated descriptions or earlier deliveries. If the PURCHASER or a third party makes improper modifications or repairs to the goods, or the products are improperly treated in some other manner, such conduct and the consequences resulting from this likewise exclude any warranty claims. 
17. The PURCHASER must immediately point out any transport damage to the courier upon receipt of the delivery. The PURCHASER must inspect the received goods immediately and, if defects are found, inform customer service immediately per email at sales@allnew.com. Other defects which were not recognisable at a proper inspection must be immediately reported on discovery to our customer service by sending an email to sales@allnew.com, otherwise the goods will be considered accepted including these defects. 
18. In as far as the defect or its cause existed at the time of the risk transfer and was reported to ALLNEW properly, all products delivered to the PURCHASER by ALLNEW which show defects within the warranty period given in Article 21 must either be remedied by ALLNEW free of charge within a suitable period or, at ALLNEW’s discretion, re-delivered. If the repair or substituted delivery is unsuccessful, the PURCHASER shall grant ALLNEW an appropriate subsequent deadline to remedy the defect. Should this deadline elapse without action being taken, the PURCHASER may cancel the purchase (cancel the contract) or demand reimbursement of the shortfall in value of the item (reduction of purchase price). 
19. The warranty period for warranty claims is 12 months. The period begins with transfer of risk. The warranty period does not begin anew for replaced or repaired products.
20. If a notice of complaint regarding defects is given, the PURCHASER shall immediately grant ALLNEW the opportunity to examine the products which are the subject of the complaint; at ALLNEW’s request, the products concerned or parts thereof shall be made available at ALLNEW’s expense. If the notice of complaint regarding defects was unjustified, WE shall be entitled to claim compensation from the PURCHASER for all the expenses incurred by ALLNEW (including the costs of freight, processing and examination).
21. Further claims, or claims other than those regulated in Article 15 - 21 of the PURCHASER against ALLNEW and its vicarious agents due to a defect are excluded.

Limitation of liability

22. The liability of ALLNEW for compensation, regardless of legal grounds, is excluded to the extent legally permitted. The liability of ALLNEW for its agents is excluded.

Contractual right of return

23. The PURCHASER has the right to return the products during the period of 14 days from delivery or confirmation of receipt. Adherence to the return period means the products must be handed over to a transport company by the last day of the return period. The PURCHASER bears the cost of returns. 
24. The products must be shipped to the warehouse complete with any provided accessories and in their original packaging. For customers in Switzerland: allnew AG, Zwicky-Platz 3, 8304 Zurich-Wallisellen, Switzerland, and for customers outside of Switzerland: Tigers GmbH, allnew AG, Ludwigstrasse 44, 85399 Hallbergmoos, Germany.
25. If the returns are shipped properly, the PURCHASER will be refunded the purchase price via bank transfer. If the goods are not returned in the proper condition, the purchase price will be refunded after deduction of the loss in value.

Right of cancellation

26. Where legally permissible (in particular deliveries to customers residing in the European Union and Liechtenstein), the PURCHASER has the right to cancel this contract within 14 days without giving reasons.
27. The cancellation period is 14 days from the day on which the PURCHASER (or a third party named by the PURCHASER who is not the carrier) took possession of the above goods.
28. To exercise the right of cancellation, the PURCHASER must inform allnew AG, Zwicky-Platz 3, 8304 Zurich-Wallisellen, Switzerland, Tel. +41 41 914 14 14, e-mail address: sales@allnew.com, with a clear declaration of their decision to cancel this contract. 
29. To meet the cancellation deadline, it is sufficient that the PURCHASER send their notification to exercise their right of cancellation before expiry of the cancellation deadline.
30. Consequences of cancellation: If the PURCHASER cancels this contract, WE must reimburse all payments that WE have received from them, including delivery costs, immediately and within 14 days at the latest from the day on which ALLNEW receives notification of cancellation of this contract. For the reimbursement, ALLNEW will use the same payment means that the PURCHASER used in the original transaction, unless an alternative arrangement has been agreed with the PURCHASER; under no circumstances will the PURCHASER be charged for this reimbursement. ALLNEW may refuse reimbursement until ALLNEW has received the returned goods or until the PURCHASER has provided proof that they have returned the goods, whichever is earlier.
31. The PURCHASER must return the goods to ALLNEW promptly and in any case at the latest within 14 days from the day on which the PURCHASER notified ALLNEW of the cancellation of this contract. The deadline will have been observed if the PURCHASER dispatches the goods before expiry of the period of 14 days.
32. The PURCHASER bears the cost of returning the goods.
33. The PURCHASER is only liable for any diminished value of the goods if this loss of value results from handling other than that required to ascertain the nature, features and functioning of the goods.

Other conditions, change of contractual partner

34. The right of settlement for the PURCHASER is excluded.
35. The rights of the PURCHASER arising from transactions concluded with ALLNEW may not be transferred. WE are authorised to transfer all claims due to us against the PURCHASER to third parties and to share the required data with the transferee exclusively for the purposes of settling the claim. WE are further authorised to name a third party at any time to represent us in the rights and obligations arising from this contract; should WE exercise this right and a third party represents us in the contract, the PURCHASER has the right to cancel the contract. The right of cancellation must be exercised immediately following acknowledgement of involvement of the third party.

Final provisions

36. If one of the provisions of these general T&Cs is or becomes invalid, this shall not affect the relevant contract and the remaining provisions. Such an invalid provision shall be replaced by a provision closest to the intended economic purpose. ALLNEW reserves the right to modify these general T&Cs at any time.
37. The place of fulfilment for payments is the registered office of ALLNEW.
38. Substantive Swiss law applies exclusively to these general T&Cs and all the legal relationships between ALLNEW and the PURCHASER with the exception of conflict-of-law regulations. In particular, the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG, SR 0.221.211.1) is not applicable. 
39. The courts at the registered office of ALLNEW shall have exclusive jurisdiction in respect of any dispute arising from this agreement. 

 

allnew AG, April 2018