General Terms & Conditions
Katadyn Produkte AG
General Terms and Conditions (GTC)
1. General and scope of application
1.1 These General Terms and Conditions (GTC) apply to all orders placed by the customers of online stores of Katadyn Produke AG, Pfäffikerstrasse 37, 8310 Kemptthal,Switzerland, VAT Reg. No. CHE-102.142.798 at www.katadyngroup.com/ch.
1.2 By placing a binding order, the customer is deemed to have accepted these GTC.
2. Website content and conclusion of contract
2.1 The presentation of products in the online stores does not constitute a legally binding offer by Katadyn Produkte AG, but merely an invitation to place an order.
2.2 By clicking the button ("Place a binding order") the customer places a binding order for all products listed on the order page.
2.3 Katadyn Produkte AG will confirm the order immediately upon receipt of the order by email (order confirmation). The purchase agreement will only come into effect once the order confirmation has been sent and at the latest upon delivery of the goods to the customer.
3. Prices and delivery costs
3.1 The prices specified by Katadyn Produkte AG are quoted ex warehouse in Swiss francs (CHF), inclusive of VAT at the applicable rate but exclusive of packaging and delivery (delivery costs). The delivery costs are displayed during the order process and shall be borne by the customer.
3.2 Our delivery charges are currently as follows:
Standard delivery within Switzerland CHF 15.00
3.3 Katadyn Produkte AG reserves the right to change the prices at any time. For customers, the prices published on the date of the order on the website apply.
4. Delivery terms
4.1 We only deliver to addresses in Switzerland and the Principality of Liechtenstein.
4.2 Unless stated otherwise on the website, delivery typically takes 5 to 7 working days after receipt of the order confirmation. Should it take longer to deliver the goods, the customer will be informed at the latest at the end of this period. The delivery and performance periods will be extended proportionately in the case of force majeure or other circumstances for which Katadyn Produkte AG does not bear any responsibility to the extent that such obstacles - e.g. disruption in availability of supplies, strikes, lockouts or operational faults - have a material impact on the delivery and performance of Katadyn Produkte AG. If no information has been provided about the delay in delivery, the customer is entitled to reject the delivery.
4.3 If not all ordered products are in stock, Katadyn Produkte AG will be entitled to make partial deliveries insofar as this is reasonable for the customer.
4.4 After three unsuccessful delivery attempts due to circumstances attributable to the customer, Katadyn Produkte AG will be entitled to withdraw from the contract. Any payments already made will be refunded to the customer without undue delay. Any additional expenses incurred due to the customer's failure to accept the goods will be borne by the customer.
5. Payment terms; right to withhold and set off payments; reservation of title
5.1. All payments must be made by credit card (Visa or MasterCard).
5.2 When paying by credit card (Visa or MasterCard) the customer's account will be debited at the time of placing the order.
5.3 Set-offs against other than undisputed or legally established claims are excluded.
5.4 The customer may only exercise the right of retention if the relevant claims arise from the same contract.
5.5 Katadyn Produkte AG will retain title to the goods until the purchase price has been paid in full. Before the transfer of title, the customer may not attach, assign, process or modify the goods without the consent of Katadyn Produkte AG.
6. Right of withdrawal
6.1 Consumers have the right to withdraw from the agreement within a period of 14 days of receipt of the goods. The withdrawal notice must be sent to Katadyn Produkte AG by letter sent by post, fax or email. To meet the deadline for withdrawal, customers must send the withdrawal notice within the specified time limit. It is not necessary to state the reasons for withdrawal. The withdrawal notice must be addressed to:
Katadyn Produkte AG
Online store returns
Fax: +41 44 839 21 99
6.2 The exercise of the right of withdrawal leads to the purchase being rescinded and any services received under the original purchase agreement must therefore be returned. The consumer must return the received goods in original packaging within 14 days of giving notice of withdrawal to Katadyn Produkte AG. The costs of returning the goods shall be borne by the consumer.
6.3 Once the goods are returned, the purchase price, if already paid, will be promptly reimbursed to the consumer. Katadyn Produkte AG reserves the right to make a deduction from the reimbursement for damage or excessive wear and tear. No deduction is made if the deterioration in value results from handling that is necessary to ascertain the nature, properties and functioning of the goods. Katadyn Produkte AG may withhold reimbursement until it has received the goods back from the customer, or until the customer has supplied evidence of having sent back the goods, whichever comes earlier.
6.4. The right of withdrawal is excluded in the following cases:
custom-made solutions tailored to the individual needs of the consumer.
7. Guarantees and liability
7.1 Katadyn Produkte AG warrants that the goods have the agreed features, do not have any faults that would reduce their value or impair their suitability for the intended use and conform with the required properties and specifications. It is at the choice of Katadyn Produkte AG to offer corrective action either by rectifying the defect or by supplying a product that is free of defects.
7.2. Upon delivery, the buyer is required to examine the supplied goods as soon as possible and notify Katadyn Produkte AG immediately of any defects.
7.3 If Katadyn Produkte AG fails to remedy the defects or offer a replacement, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The right of the customer to a reduction in the purchase price is excluded.
7.4 Katadyn Produkte AG is liable for intent and gross negligence in accordance with statutory provisions. In the case of a slightly negligent breach of material contractual obligations the liability of Katadyn Produkte AG, its legal representatives or vicarious agents under this contract is limited to foreseeable, direct average damage, typical for this type of contract.
The foregoing limitations of liability do not apply to customer claims under the Swiss Product Liability Act and any damages resulting from injury to life, body or health of the customer.
7.5 If both Katadyn Produkte AG and the customer bear responsibility for the damage, the customer must accept part of the blame. The above provisions do not imply a change in the burden of proof to the detriment of the customer.
8.1 Katadyn Produkte AG guarantees faultless material and impeccable workmanship. Should any defects be uncovered during normal use of the products that are under warranty (depending on the product group) we will either repair the product or offer a replacement. Any further claims of the customer on the grounds of defective delivery, in particular, for compensation of direct or consequential damage for which we bear no responsibility and rescission of the contract are excluded.
8.2 The warranty will be voided in the case of defects caused by the failure to observe instructions for use, or due to the tampering or modification of the product by the customer or a third party unauthorised by Katadyn Produkte AG. The warranty, furthermore, does not cover any defects attributable to operational or normal wear and tear, user error or improper use. If the examination of the goods following a notification of defects does not reveal any defects covered by the warranty, the costs of examination and repair will be charged to the customer according to the valid price list of Katadyn Produkte AG.
9. Applicable law and jurisdiction
9.1 The applicable law for these GTC and any disputes arising from or in connection with the contractual relationship between Katadyn Produkte AG is Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
9.2 The sole place of jurisdiction for all disputes arising between Katadyn Produkte AG and the customer is the seat of Katadyn Products AG. Katadyn Produkte AG is entitled to sue the customer at his place of residence.
10. Final provisions
Should any provision of these GTC be invalid, the validity of the remaining provisions will remain unaffected thereby. The relevant statutory provisions will apply mutatis mutandis in the place of ineffective provisions.