Terms of service
General Terms and Conditions of the Bauoutlet Online Shop
1. Scope of application and contracting party
1.1 The following General Terms and Conditions of the Bauoutlet Online Shop (hereinafter "GTC") apply to orders of goods from the product range of the Swiss Bauoutlet Online Shop (www.bauoutlet.shop) in the version valid at the time of the order.
1.2 The customer's contracting party is Bauoutlet sagl, Via Resiga, 16, 6883 Novazzano, Switzerland, Tel. +41(0)77 427 25 60, Email: info@bauoutlet.shop (hereinafter "Bauoutlet E-Commerce").
1.3 The GTC form an integral part of the contract concluded between Bauoutlet E-Commerce and the customer. Provisions deviating from the GTC are only legally binding if they are expressly accepted in writing by Bauoutlet E-Commerce. Any conflicting conditions of the customer are not recognized.
1.4 The offer of articles in the Swiss Bauoutlet Online Shop is addressed exclusively to persons and companies who have their residence or registered office in Switzerland and who can provide a delivery address in Switzerland if they decide to have the goods shipped (see section 3.2).
2. Ordering process and conclusion of contract
2.1 The customer can select articles from the product range of the Swiss Bauoutlet Online Shop and put them together in a so-called shopping cart by clicking on the "into shopping cart" button.
2.2 By clicking on the "Order and pay" button, the customer makes a binding offer to purchase the goods in the shopping cart and declares that he agrees to the validity of these GTC.
2.3 The order confirmation that is then automatically sent by e-mail certifies that the customer's order has been received by Bauoutlet E-Commerce, but does not yet constitute acceptance of the customer's offer.
2.4 A contract is only formed with the declaration of acceptance by Bauoutlet E-Commerce, which is sent by e-mail (order confirmation) to the customer, or at the latest with the dispatch of the ordered goods or the collection notice.
2.7 If, after the conclusion of the contract, the ordered items cannot be shipped in full or in part due to force majeure or for reasons not attributable to Bauoutlet E-Commerce, the latter is entitled to withdraw from the contract in full or in part. The customer will be informed of this by e-mail. Any payments already made for the relevant items will be refunded to the customer in full (in the case of a total withdrawal) or with reference to the items that cannot be shipped (in the case of a partial withdrawal). The customer cannot assert any further claims.
3. Deliveries
3.1 Bauoutlet E-Commerce is entitled to make partial deliveries. Subsequent deliveries take place immediately after the goods have arrived. If di Bauoutlet E-Commerce indicates shipping or collection deadlines, these are non-binding indicative values. If a shipping or collection deadline is not met by di Bauoutlet E-Commerce, the customer is entitled, after the expiry of an extension of at least 10 days set in writing by the latter, to withdraw from the contract with reference to the goods not shipped or not ready for collection. Any payments already made for the relevant items will in this case be refunded to the customer. The customer cannot assert any further claims.
Upon delivery of the goods to the carrier, the risk of loss of the item passes to the customer. The goods are insured by di Bauoutlet E-Commerce against damage in transport, if their value exceeds the maximum liability limit of the carrier. In order to safeguard their rights against the carrier and/or the insurance, the customer must check that the goods, upon acceptance of the shipment, are intact and received in their entirety. In the event of transport damage or externally recognisable quantity differences, the customer must submit a precise and detailed reservation to the carrier. Transport damage or quantity differences that are not externally recognisable must be reported promptly or at the latest within five days to the customer service of Bauoutlet E-Commerce (tel.: +41 077 427 25 60 or e-mail: info@bauoutlet.shop or to the customer service of a Swiss Bauoutlet of his choice. Unconditional acceptance (in the event of transport damage or externally recognisable quantity differences) or the expiry of the five-day period (in the event of transport damage or externally recognisable quantity differences) will result in the forfeiture of the claim against the carrier and/or the insurance.
The delivery and placement of the goods must be possible in a reasonable manner, without the use of auxiliary means such as hoists, flexible controls, special vehicles or similar. It is the customer's responsibility
inform in advance of any difficulties and/or impediments in the delivery or placement of the goods and clarify any additional financial consequences. Goods whose destination cannot be reached directly by the carrier will be transported to the nearest location (e.g. valley station of the mountain railway).
The customer is obliged to accept the shipment. If a shipment proves undeliverable and the carrier returns the goods to Bauoutlet E-Commerce, Bauoutlet E-Commerce reserves the right to waive subsequent fulfillment of the customer's obligations without setting a grace period for the uncollected goods. Bauoutlet E-Commerce is also entitled to claim damages for breach of contract. The customer's voluntary right of return (see paragraph 6) is excluded with regard to unaccepted goods.
3.3 If the customer decides to collect the goods from Bauoutlet, he will be notified by e-mail as soon as the order is ready for collection. With the collection notice, the risk of loss of the item passes to the customer. In order to collect the goods, the customer must show the collection notice and a photo ID issued by a public office (identity card, driving license, passport, etc.).
The customer is obliged to accept the order within 10 days of receiving the collection notice. If the customer does not collect the order within the ten-day period, Bauoutlet E-Commerce reserves the right to waive subsequent fulfillment of the customer's obligations without setting an extension for the uncollected goods. Bauoutlet E-Commerce is also authorized to demand compensation for damages for breach of contract. A voluntary right of return by the customer (see paragraph 6) is excluded with regard to the uncollected goods.
4. Price and payment
4.1 All prices in the Bauoutlet Online Shop are expressed in Swiss francs (CHF) and do NOT include statutory value added tax (VAT), advance recycling fee and copyright.
4.2 Shipping costs and any other additional costs (e.g. surcharges related to the chosen payment system) will be shown separately and charged to the customer in addition.
4.3 Bauoutlet E-Commerce reserves the right, and the customer agrees, to carry out and request checks on the customer's creditworthiness and address and to forward the customer's data to third parties for this purpose. In this regard, the customer's data will be used and third-party information will be taken into account. The customer has only the payment options available to him that are provided at the time of completing the order process.
4.4 The agreed price, as well as the shipping costs, as well as any other additional costs (see section 4.2) are to be paid immediately. With the first delivery or ineffective delivery of the goods (see section 3.2), with the first collection or with the expiry of the ten-day collection period (see section 3.3) or with the expiry of the payment terms, in the case of the payment method “Purchase on account” (see section 4.5), the customer falls into default without being obliged to issue a reminder. Any costs and disbursements of Bauoutlet E-Commerce or third-party suppliers in connection with the collection of outstanding amounts, in particular reminder costs, default interest, as well as costs for transferring the claim to a collection agency, shall be borne by the customer. The amount of these costs depends on the separate contractual conditions of the respective third-party supplier whose services are used by the customer. Bauoutlet E-Commerce, after an extension of at least 10 days set by the latter, also reserves the right to waive the subsequent fulfillment of the customer's obligations in full or in part, to reclaim any goods already delivered in full or in part and to demand compensation for damages for breach of contract.
4.5. The "Purchase with invoice" payment method is intended exclusively for natural persons with the exercise of civil rights and domiciled in Switzerland, where the billing address and delivery address must coincide.
5. Retention of title
The goods remain the property of Bauoutlet E-Commerce until full payment of all claims arising from or relating to the purchase made. The customer authorizes Bauoutlet E-Commerce to make a corresponding entry in the register of retention of title agreements, at the customer's expense.
6. Voluntary right of return
6.1 Bauoutlet E-Commerce guarantees the customer a voluntary right of return within a period of 14 days from the first delivery or collection of the goods. The right of return is subject to the condition that the goods are not damaged, not present
signs of use and is returned in full (including all accessories and other documentation relating to the product). In the case of multiple goods purchased together for a total price, the voluntary right of return exists only in relation to such goods in their entirety.
6.2 To assert and implement the right of return, the customer must proceed as indicated below. In the case of
a) goods whose original packaging has been opened or damaged or is no longer available, the customer must contact the customer service of Bauoutlet Switzerland.
b) unopened goods with intact packaging, the customer, in addition to the option referred to in letter a), can send them, using a return form available in the Bauoutlet Online Shop, to the following address: Bauoutlet Online-Shop, c/o Bauoutlet sagl, Via Resiga, 16, 6883 Novazzano
In all cases, the return transport or return shipment is at the risk and expense of the customer.
6.3 The customer must present the original invoice. Bauoutlet E-Commerce has the right to refund the price in the form of a Bauoutlet Swiss coupon and reserves the right to waive the reimbursement of any additional costs (e.g. first shipment, transport or assembly).
6.4 In the event of a return of goods purchased with the payment method “Purchase with invoice”, the refund will be made to the bank or postal account indicated by the customer and registered in his name, provided that the customer has already paid the invoice in full and has not made a new purchase within 60 days.
7. Warranty and liability
7.1 For defects attributable to a material or manufacturing defect, Bauoutlet E-Commerce provides the customer with a warranty of 2 years from the first delivery or collection of the goods. All information (product descriptions, illustrations, videos, mass, weights, technical specifications, additional reports and other information) in the Bauoutlet Swiss Online Shop are subject to error and do not constitute a guarantee of characteristics. The customer's obligation to check and object is in accordance with the law. The assignment of warranty claims is excluded.
7.2 The customer's warranty claim is fulfilled, at the discretion of Bauoutlet E-Commerce, by subsequent delivery of replacement goods of equal quality and free from defects, reduction of price (reduction) or cancellation of the contract (revocation). The customer's warranty claim lapses in the event of technical intervention and defects attributable to inappropriate treatment, excessive stress, use contrary to its intended purpose, an external effect (damage from moisture, contact with liquids, impacts, etc.) or failure to comply with the manufacturer's instructions for use and maintenance.
7.3 In the event of subsequent delivery of replacement goods of the same value and free from defects, the warranty period is again 2 years from the notification to the customer that the replacement goods are ready for collection. The customer's warranty rights for the entire goods remain unaffected during the warranty period of 2 years from the first delivery or collection of the goods (see section 7.1).
7.4 To assert and enforce the warranty claim, the customer must contact the customer service of Bauoutlet Switzerland of his choice and present the original invoice. All transport, e.g. transport to Bauoutlet Switzerland or return transport to the customer, is at the customer's risk and expense. In the event of a defect to be rectified that is not covered by the warranty, which the customer could have recognized, the customer himself must bear all costs arising from the examination.
7.5 Regardless of the basis of liability, Bauoutlet E-Commerce is liable without limitation, if the liability conditions are met, in the event of injury to life, body and health. Furthermore, Bauoutlet E-Commerce is liable, if the liability conditions are met, regardless of the basis of liability, for damage caused by it intentionally or through gross negligence. In all other respects, Bauoutlet E-Commerce completely disclaims liability, regardless of the basis thereof, insofar as this is legally permissible.
8. Data protection
8.1 Bauoutlet E-Commerce processes the customer's personal data in strict compliance with the applicable provisions of Swiss data protection law.
8.2 Bauoutlet E-Commerce collects, stores, uses and processes the customer's personal data exclusively in accordance with the applicable data protection provisions of Bauoutlet E-Commerce.
9. Miscellaneous
9.1 Should one or more provisions of these GTC be ineffective, the effectiveness of the remaining provisions shall remain unaffected.
9.2 The law of the courts shall apply exclusively.
or Swiss material. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.3 For disputes arising from contracts concluded with consumers, the exclusive place of jurisdiction for all legal actions is the headquarters of Bauoutlet E-Commerce.
