AGB

§1 Validity of the Terms and Conditions

The deliveries, services, and offers of the online shop of Sinora GmbH (CHE-352.115.391), Im Bruggen 17, 8906 Bonstetten, are made exclusively on the basis of these general terms and conditions, even if they are not expressly agreed again. These terms and conditions are deemed to be accepted when the goods or services are ordered. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Sinora GmbH.

§2 Offer and conclusion of contract

The offers made by Sinora GmbH in price lists and advertisements do not constitute a legally binding offer, but rather an invitation to the customer to place a binding order. Offers such as inspected returns and clearance sales are excluded from the binding nature of availability. By clicking on the order button in the online shop, the customer places a binding order for the products listed on the order page. Sinora GmbH confirms receipt of the order immediately after receiving it. Orders are only binding for Sinora GmbH after written order confirmation. If, after order confirmation, it is determined that delivery of the goods is not possible or that there was a pricing error, the order will be canceled or, in the case of pricing errors, if the goods have already been delivered, the price difference will be claimed from the customer. In the event of pricing errors, the customer is entitled to return the goods to Sinora GmbH if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against Sinora GmbH or a supplier. The information in the sales documents (drawings, illustrations, dimensions, weights, and other specifications) is to be understood as a guideline only and does not constitute a guarantee of properties unless expressly designated as binding in writing. If a customer exceeds their credit limit with an order, Sinora GmbH is released from its delivery obligation. Sinora GmbH does not sell alcoholic beverages to young people under the age of 16 or spirits to young people under the age of 18. Sinora GmbH reserves the right to carry out an age check before handing over or delivering the goods.

§3 Prices

The prices stated in the order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks and procurements, the daily price on the day of ordering applies. Prices are quoted in Swiss francs, including statutory value added tax and, unless otherwise agreed, plus transport costs. Current prices are published in the online shop, subject to price changes and errors.

§4 Delivery conditions

Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein. Dates and delivery times are non-binding, unless expressly agreed otherwise in writing. The specification of certain delivery times and delivery dates by Sinora GmbH is subject to the correct and timely delivery to Sinora GmbH by suppliers and manufacturers. The customer must ensure that the goods are accessible for delivery and assembly. Visible quantity discrepancies must be reported in writing to Sinora GmbH and the carrier immediately upon receipt of the goods, and hidden quantity discrepancies within 4 days of receipt of the goods. Complaints regarding damage, delay, loss, or poor packaging must be reported immediately upon receipt of the shipment.

§5 Default of acceptance

If, after expiry of a grace period set for the customer, the customer refuses to accept the delivery items or declares that it does not wish to accept the goods, Sinora GmbH may refuse to fulfill the contract and claim damages for non-performance. Sinora GmbH is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the customer as damages.

§6 Transfer of risk

The risk shall pass to the customer as soon as the shipment has been handed over to the company responsible for transport. If shipment is delayed or becomes impossible through no fault of Sinora GmbH, the risk shall pass to the customer upon notification of readiness for shipment. Any agreement in individual cases for Sinora GmbH to bear the transport costs shall have no influence on the transfer of risk.

§7 Warranty/Guarantee

Sinora GmbH or the supplier/manufacturer guarantees that the ordered product will be free of defects and fully functional for a period of two years after delivery, unless expressly agreed otherwise in writing. If the operating or maintenance instructions are not followed, changes are made, parts are replaced, or consumables are used that do not correspond to the original specifications, any warranty/guarantee shall be void insofar as the defect is attributable to this. This also applies if the defect is due to improper use, storage, or handling of the devices, or external interference, as well as the opening of devices. Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/enclosed batteries/enclosed or built-in rechargeable batteries, is excluded. If a warranty or guarantee claim arises, the customer is entitled to repair, replacement, or conversion. The choice of how to remedy the defect lies with Sinora GmbH. If Sinora GmbH decides to rescind the contract, a credit note will be issued at the current price (maximum the sales price at the time of the order).

§8 Payment

Purchase on account with installment option (POWERPAY) MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will receive a monthly invoice with an order overview in the following month. Upon conclusion of the purchase contract, POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept the terms and conditions of POWERPAY in addition to our terms and conditions. (powerpay.ch/en/terms-and-conditions). You will receive the invoice free of charge by email. By purchasing on account, you accept the terms and conditions of POWERPAY (powerpay.ch/de/agb), provided you have a valid email address.

§9 Reminder and collection fees

If the customer defaults on payment, Sinora GmbH will send the customer a reminder in writing or by email. Sinora GmbH reserves the right to charge reminder fees for the reminders issued. If the reminders are unsuccessful, Sinora GmbH may assign the claim to a third-party company commissioned to collect the debt. The company commissioned with debt collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.

§10 Small quantity surcharge

Sinora GmbH charges a small quantity surcharge of CHF 9.00 for orders up to CHF 100.00.

§11 Limitation of liability

Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo, and tort are excluded against Sinora GmbH, its vicarious agents, and substitutes, unless there is evidence of intent or gross negligence. No liability is accepted for consequential damages arising from the use of the products.

§12 Copyrights / Software warranty

If software is included in the scope of delivery, it is provided to the customer solely for one-time resale or for their own use, i.e., the customer may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's license agreement apply exclusively. Companies, brands, trademarks, trade names, images, and logos used on the Sinoa GmbH online shop are the property of their respective owners.

§13 Data protection

Sinora GmbH undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate privacy policy. The privacy policy is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the privacy policy.

§14 Place of jurisdiction

Affoltern am Albis is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

§15 Final provisions

Sinora GmbH reserves the right to change the general terms and conditions at any time. Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.