1. Subject of the contract

com4success GmbH sells the goods specified in the print catalogue, in the online shop or in written offers to business/private customers (hereinafter referred to as “customer”) under the following delivery and sales conditions (GTC).

2. Conclusion of contract

The contract between the customer and com4success GmbH only comes about through an order from the customer and acceptance of the order by com4success GmbH. The customer's order is placed by telephone, in writing or via the Internet. The customer receives an automatically generated order confirmation from com4success GmbH. The receipt of the order confirmation does not contain any promise that the product is actually available or can be delivered. It only shows the customer that the order has arrived at com4success GmbH. com4success GmbH accepts the order by (a) sending the customer an order confirmation (by fax, e-mail or post) or (b) delivering the ordered goods (including the delivery note). Requested advance payment or credit card payment does not automatically justify the acceptance of the order by com4success GmbH.

3. Product Offering

All information about the goods that the customer receives as part of the ordering process is non-binding. In particular, we reserve the right to make changes in design and technology that improve the functionality of a product, as well as errors in description, illustration and price information. All technical information on the individual goods is based on the information provided by the manufacturer and is binding within this framework.

com4success GmbH attaches great importance to carefully maintaining the availability display and displaying it as correctly as possible. However, all information is not guaranteed and can change at any time without prior notice.

4. Terms of Payment

All prices are non-binding and are continuously adjusted to the market. They are in Swiss francs (CHF), excluding VAT, unpackaged. Large quantity deliveries, projects, express and special deliveries are considered separately. Payment must be made net immediately after receipt of the goods, unless otherwise agreed. In the event of non-compliance with this payment deadline, com4success GmbH is entitled to demand compensation of CHF 25.00. If an invoice is not paid within the period, the customer is in default without a reminder. New customers can purchase by credit card or prepayment. com4success GmbH reserves the right to only supply existing customers by credit card or prepayment. com4success GmbH does not charge any fees for credit card payments. However, since the transactions can go through an international acquirer, fees may be charged by your credit card issuer.

5. Purchase on account with partial payment option (POWERPAY)

As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”. 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 overview of your order in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept the POWERPAY terms and conditions in addition to our terms and conditions. (powerpay.ch/de/agb).

6. Late Payment Costs

Costs in the event of late payment: Processing fee (at the earliest from day 70 after the invoice date, when handing over to the collection service provider) depending on the amount of the claim, maximum amount in CHF 50 (up to 20); 70 (to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1'100 (up to 10'000); 1'510 (up to 20'000); 2,658 (up to 50,000); 6% of the claim (from 50'000).

7. Terms of Delivery

The ordered products can only be sent to an address in Switzerland and Liechtenstein, deliveries abroad depend on the respective legal situation in the respective country. If in stock, the products will be delivered immediately to the address specified by the customer. Otherwise, a written order confirmation will be sent with the expected delivery date. In the event of externally visible damage to the goods ordered, claims will only be settled against a certificate from the respective carrier. If an ordered product is no longer available at the time of delivery, com4success GmbH expressly reserves the right to exchange the product for an equivalent product. Delivery can also become completely impossible if a product can no longer be manufactured or delivered. In this case, a delivery impossibility occurs, which results in the immediate termination of the contract.

The delivery dates specified by com4success GmbH are based on correct and punctual delivery by the suppliers and manufacturers and are therefore without guarantee. com4success GmbH cannot be held liable for consequential damage resulting from incorrect or late delivery.

8. Retention of Title

The delivered goods remain the property of com4success GmbH until full payment. This is entitled to make a corresponding entry in the retention of title register. If the customer is in arrears with the payment of the purchase price, com4success GmbH is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.

9. Right of Return

com4success GmbH offers a right of return, taking into account the following conditions: There is a return period of 14 days, which begins when the goods are received by the buyer. The goods must be returned in unopened and perfect original packaging (undamaged, free of writing, unglued). Contact info@com4success.com for a return. If the return decision is positive, you will receive a returns authorization number. Receipt of the authorization number is not an assurance of redemption. The return to com4success GmbH must be made within 7 days of receipt of the authorization number. The costs for the return delivery are at the expense of the buyer. If these conditions are not met, com4success GmbH can refuse to take them back. Any expenses resulting from an improper return can be charged to the buyer. If the buyer has returned the goods on time and properly, he will receive a credit note from com4success GmbH.

There is no general right of return for items that are not in stock at the time of ordering and must be ordered from the supplier, even if the above criteria are met. com4success GmbH can refuse to take these items back if they cannot be returned to the supplier.

Products that have already been opened are excluded from the right of return (unless there is a defect. com4success GmbH will assess whether a product has defects in terms of the function and quality to be fulfilled) and products that were specially procured or manufactured at the customer's request.

10. Warranty for Defects and Liability

The individual warranty and guarantee provisions of the respective manufacturer apply to all products sold to customers. Defective products will be replaced free of charge during the warranty or guarantee period. If a product can no longer be replaced, it will be replaced by a successor product of equal value or a credit will be issued for it, up to a maximum of the purchase price paid. The warranty or guarantee decision is always made by the manufacturer. The warranties and guarantees only include material and/or manufacturing defects. As far as the legal regulations allow, liability for damages is excluded. In particular, com4success GmbH is not liable for damage that can be traced back to improper use or for damage that has not occurred to the delivery item itself (consequential damage). The shipping costs are at the expense of the respective sender.

11. Intellectual Property

com4success GmbH reserves all rights for every design, every text, every graphic on its website. Copying or reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order with com4success GmbH. The name com4success GmbH, all page headers, navigation bars, graphics and button symbols are registered trademarks, brands or trademarks of com4success GmbH. All other trademarks, product names or company names or logos cited on this website are the sole property of the respective beneficiaries. com4success GmbH reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer requires the express written consent of com4success GmbH.

12. Jurisdiction and Applicable Law

These General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are subject to Swiss law to the exclusion of the UN Sales Convention (CISG). Place of jurisdiction is Berne. However, Com4success GmbH reserves the right to prefer the place of jurisdiction at the customer's registered office instead.

13. Final Provisions

When selling the goods specified in the print catalog and in the online shop of com4success GmbH, the General Terms and Conditions apply exclusively in the version valid at the time the respective contract was concluded. These terms and conditions also apply in particular if they differ from those of the customer. Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. Otherwise, com4success GmbH reserves the right to change these General Terms and Conditions at any time.

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