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General Terms and Conditions


1. Scope of validity

The following General Terms and Conditions (GTC) shall apply exclusively for all contracts, deliveries of our goods and other services on our part. They shall also apply to later agreements, even if they are not expressly agreed once again and sent to the purchaser. In addition to this, the manufacturer's licensing provisions, which are enclosed with the contractual products, shall apply.

All the product names and logos are registered trademarks of the relevant manufacturer. Product illustrations serve as an example and can differ from the goods delivered.

Changes to these terms and conditions, supplementary agreements and subsidiary agreements must always be made in writing and confirmed by us in order to be deemed valid. If individual provisions should be or become ineffective, the other provisions shall not be affected by this.

2. Offer

Our offers and information regarding the products that we sell are non-binding and may be subject to alteration. In view of the constantly changing technical developments and improvements in the products that we sell, changes to the prices, data, volume and weight remain reserved. This also applies to changes that concern the maintenance of our ability to deliver.

Errors, mistakes or incompleteness in the product details and prices are subject to the proviso of correction.

3. Prices

The prices at the time the goods were ordered shall apply at delivery.

Prices are given in Swiss francs (CHF) and include the relevant valid VAT. The prices are freight unpaid ex warehouse and do not include shipping costs. These are listed separately in the invoice. VAT is shown on the invoice as standard.

Surcharges for packaging and minimum quantities do not apply.

4. Orders and conclusion of the contract

Orders can be accepted exclusively via the online shop and at the prices and dispatch and payment conditions set out there.

A purchase contract is concluded once our written confirmation of the order has been received (email is sufficient) or once the goods have been accepted by the purchaser (following the expiry of the right of withdrawal period or the deadline for returning goods). If the order confirmation should be different from the order, the purchaser must query it immediately in writing but within one week following the dispatch of the order confirmation at the latest. Otherwise the purchase contract is deemed to be legally valid as per the conditions set out in the order confirmation.

5. Delivery deadlines and delivery

The delivery dates for the goods ordered are given in our order confirmation. The dates are deemed to have been complied with if the delivery is made before the expiry of the deadline.

Goods that are in the warehouse are generally dispatched within one working day. If the item is not in stock when the order is received, we do everything we can to ensure the fastest possible delivery. Partial deliveries are permitted.

In the event of non-compliance with the agreed delivery and performance deadline due to force majeure, including lack of materials, operational disruptions, strikes, statutory or official orders - which shall also apply for our upstream suppliers - as well as late or incorrect delivery by our suppliers, we are entitled to withdraw in full or in part from our duty to deliver or to postpone delivery for the duration of the disruption at our own discretion.

In the event of non-compliance with the agreed delivery deadline for reasons other than those stated above, the purchaser is entitled to set a reasonable period of grace in writing (email is sufficient) with the threat of refusal, and, once this period has expired without the performance of the deliveries and services as set out in the contract, the purchaser is entitled to withdraw from the purchase contract.

Claims for compensation due to delay or impossibility and/or non-performance that are incurred up to the withdrawal from the contract are excluded for both parties.

6. Delivery, dispatch, payment, transfer of risks and transport damage

Switzerland
The dispatch costs for each delivery are a flat rate of CHF 6.00. Payment by credit card is only possible with MasterCard, Visa and PostFinance cards. Payment can also be made via PayPal.

Delivery is only made within Switzerland.
The risk is transferred to the purchaser as soon as we have given the consignment of goods to the haulier (post office, parcel service or another carrier). The customer must check the goods for completeness and damage immediately upon delivery. If a complaint is not received within 7 days following receipt of the delivery, the acceptance is deemed to have taken place.

The recipient is also obliged to check the consignment for external damage upon receipt. Any transport damage must be immediately confirmed by the freight carrier. In the event of hidden transport damage to the goods delivered, the purchaser must immediately (i.e. within 1-2 days) make a complaint with the carrier concerned (post office or parcel service) once this has been discovered and demand confirmation of the damage that has occurred.

Once the customer has returned the damaged goods to us with the specified documentation, they will receive a replacement delivery free of charge.

7. Guarantee and exclusion of liability

We hereby guarantee that the objects to be delivered at the time of the transfer of risks do not have any material or manufacturing faults and that they have the properties as specified.

The warranty period lasts for 24 months and begins on the date of the risk transfer.

Other warranty provisions to the contrary which are marked on the packaging of the article, for example, can be declared by the manufacturer on a country-specific basis. These warranty provisions cannot, however, be implemented and thus are null and void. All liability is excluded for direct or indirect damage and for loss of assets in the case of faults or inappropriate use.
In the case of software products the customer is responsible for compliance with the provisions of the licence.
Upon receipt of the object of purchase the customer is obliged to check the condition of the goods immediately and to note any defects. Claims resulting from obvious faults must be lodged in writing (email is sufficient) immediately but within 7 days of the receipt of the goods at the latest. The faulty objects must be accessible to the seller for inspection in the state in which they were at the time the fault was identified. At the request of the seller the purchaser must send the seller the object purchased with an exact description of the fault and a copy of the invoice, ensuring that there is sufficient postage. In the event of a violation of the aforementioned duties any liability for the fault shall be waived.

Insofar as a fault for which we are liable has been identified in the product delivered, we are entitled to decide between rectifying the fault or replacing the product free of charge. The purchaser must make the complaint in writing (email is sufficient) and, if requested, they must return the object of the complaint to us with an exact description of the fault and a copy of the delivery note. Multiple rectifications are permitted.

If the rectification or the replacement should fail after a reasonable period of time, the purchaser can request a reduction in the purchase price or the revocation of the purchase contract. Further liability claims by the ordering party due to delivery faults that are discovered later on and that result from direct or indirect consequential damage from the delivery of faulty goods - for whatever legal reason - are not recognised.

We shall accept no liability for damage or faults that result from the inappropriate use, warehousing, operations and negligent or incorrect handling. The warranty also does not cover normal wear and tear or consumption and use. Also all warranty shall be waived automatically if the purchaser undertakes modifications, changes or repairs themselves, removes serial numbers/stickers with serial numbers or breaks warranty seals.

8. Right of return

The purchaser has a 14-day right of return, calculated from the day on which our delivery was received. A written return request without reasons by fax or email and the timely return of the goods shall suffice for the deadline to be deemed to have been met. Once the deadline for the return of the goods has expired, a binding purchase is deemed to have taken place.

The right of return applies subject to the requirement that the object of purchase must be returned in an unused and exemplary state as new. The item shall be deemed unused if it does not exhibit any signs of use and is returned in its original, undamaged packaging together with all its accessories. We would like to point out that by opening the original/sales packaging and/or sealed plastic film our copyright protection and the warranty provisions are automatically accepted. In the event of major deterioration, such as soiling, damage, damaged sales packaging, missing or damaged documentation, incomplete return, etc. we expressly reserve the right to refuse the return of the goods.

We accept returns only if the postage has been properly paid in full. We shall immediately refund the purchase price and the postage to the purchaser following receipt of the goods, subject to the aforementioned conditions. Costs for carriers other than the post office cannot be reimbursed.

The right of return does not apply for special orders, reduced products and special sales campaigns.

9. Reservation of title

We retain ownership of the object of purchase until all the claims from the contractual relationship have been met in full, including any ancillary claims that are due to us for whatever legal reason.

10. Liability

Claims for damages due to a breach of the contract, negligence when concluding the contract and unauthorised handling are excluded, insofar as the damage was not caused by malice aforethought or gross negligence.

All claims for damages shall relate exclusively to the object of delivery. Consequential damage due to defects is excluded from the warranty.

Claims for damages and warranty claims cannot be transferred to third parties.

11. Data protection

We only use the personal information that you provide within the framework of the customer relationship between you and ourselves. We take the protection of your data extremely seriously, therefore we naturally comply with the statutory provisions on data protection and we do everything in our power to keep your data confidential. In addition, it is important to us that you know at all times which data we save and how we use them.

If, for example, you have subscribed to our newsletter, we use your email address to send you current news by email. No personal data, (such as email address, name, profile, etc.) are passed on or sold to other companies or private individuals in any form whatsoever.
In order to protect your data we also limit internal access to as few employees as possible.

As a customer you can revoke this at any time.

12. Applicable law, place of fulfilment and place of jurisdiction

The full legal relationship between the seller and the purchaser is subject to Swiss law.

The place of fulfilment for all the services arising from this contract for both parties, including any warranty claims, is agreed as 4056 Basel, Switzerland.

The exclusive place of jurisdiction for all disputes that arise as the direct or indirect consequence of this contractual relationship is Basel.

13. Final provisions

If any of the provisions in this delivery contract or in the terms and conditions should become null and void, the validity of the other provisions shall not be affected. The contracting parties hereby agree to replace an invalid provision with a valid provision that best corresponds to the economic interests of both parties. The same shall apply if there is a loophole in this contract.

Changes or supplements to this contract must be made in writing.
There are no oral agreements.

indx.ch
c/o semi-electronic ag
Obere Dorfstrasse 4
4126 Bettingen


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