These General Standard Trading Terms and Conditions shall apply to purchase orders and purchase agreements from Schweizer Outils Rubis SA (“Rubis”) via the Internet. The purchaser shall recognize the following terms and conditions upon placement of the order. Any deviating purchasing terms and conditions on the part of the customer shall be hereby contradicted and apply only if they have been expressly accepted by Rubis in writing. Neither these General Standard Trading Terms and Conditions nor the transactions concluded upon their acceptance shall establish a distribution agreement or any other continuous obligation insofar as no other agreement has been expressly made in writing.
Outils Rubis SA
via Lische 14
CH 6855 Stabio
Tel.: +41 (0) 91 641 62 50
Offers and Purchase Orders
The offer at http://www.rubis.ch and purchase orders made by the customer shall take place online based on the website http://www.rubis.ch. The information at the website http://www.rubis.ch does not represent an offer within the meaning of Swiss Contract Law, but rather only a request for submission of an offer on the part of the customer. Purchase orders placed by the customer shall be considered as a formal and legally binding offer for the purchase of the products ordered. After examination of the customer’s purchase order the customer shall receive an order confirmation for acceptance of the purchase order via e-mail. Conclusion of any contract between Rubis and the customer shall be effected at that point in time in which the order confirmation is sent to the customer.
The product information, e.g. description, technical data, prices, product illustrations, warranties, intended purpose, etc. shall be without obligation and may change at any time.
Purchase orders made to the Swiss and Liechtenstein addresses shall be concluded in CHF (Swiss francs) and those to foreign addresses in EUR (euros) and depend on the quotations that are valid on the website http://www.rubis.ch at the time of the purchase order. The prices for deliveries to Switzerland and Liechtenstein that are indicated in Swiss francs shall include the currently valid legal value added tax. In the case of exports to other countries the price indicated shall be the net price without the legally valid value added tax. Shipping and packaging costs shall be included in the case of deliveries within the European Union and the European Economic Area [EEA]; we charge an additional lump sum shipping fee only in the case of deliveries overseas.
Customs, Value Added Tax
The customer shall be responsible for any duties (customs, value added tax) that may be required for imports into countries outside of Switzerland. These may vary in the different customs territories. The customer shall be responsible for proper payment of any required customs tariffs and fees. Please note that import duties do not constitute shipping expenses.
Deliveries shall be made free of shipping expenses via the post office except for overseas.
Terms of Payment
The price to be paid by the customer shall be indicated in the confirmation of order. Payment shall be made via credit card from MasterCard or Visa. Customers in Switzerland shall also be able to use the PostFinance Card. No additional fees are incurred by the customer for use of the credit card. The card shall be charged at the time of the respective purchase order.
Period of Delivery
We deliver as soon as possible via the post office – usually within just a few days. However, please note that our products are manufactured by hand. Thus it may happen that individual products are not always immediately available. For this reason any periods of delivery indicated shall serve as a means of orientation and are nonbinding. In the case of delay of delivery the customer shall neither be entitled to refuse subsequent performance, nor to withdraw from the agreement or require compensation.
We shall be liable for transport of the merchandise to the customer to the extent that transport damage and short shipments are reported to us immediately after receipt. We shall only be liable for shipments that have failed to be received within Switzerland.
Replacement and Returns
We carefully examine each individual product before it leaves the manufactory. Therefore material or manufacturing errors are very rare. However, replacement is possible if such should nevertheless occur. The customer shall immediately inspect the condition and quantity of the delivered merchandise following receipt. Any defects and/or short shipments must be immediately reported to Rubis in writing and in detail within fourteen (14) days after receipt of the merchandise at the latest, and in the case of hidden defects after their discovery. Deliveries shall be regarded as approved in the case of late notification and any warranty shall be voided. If you are not satisfied with a delivered item, then you shall be entitled to return it within fourteen (14) days of delivery. Any single-unit production or merchandise manufactured to specification as well as, for example, products personalized through engraving shall be excluded. Returned items must be unused, in perfect, saleable condition and received by us in their original packaging. Please send the product together with the completed return form to the address specified on the form. You can find the form on our website. Returns shall be made at the customer’s own risk/liability. The customer shall be responsible for the costs of return. Please make certain to provide the package with sufficient postage.
Warranty and Compensation
Compensation due to errors in illustrations, prices and texts or delayed delivery shall be excluded. The warranty period shall amount to twelve (12) months as of receipt of the merchandise. Only verified material or manufacturing errors in the delivered merchandise shall be considered as defects that are not due to improper handling of the merchandise following shipment (e.g. mechanical impact from dropping or falling). Through independent inspection the customer shall be obliged to ascertain the faultlessness and suitability of the merchandise for the customer’s intended purpose. The information on the website http://www.rubis.ch does not represent warranted qualities; unless such is expressly provided by Rubis to the customer in the form of separate confirmation in writing. The customer shall receive the same merchandise free of defects in return for the defective merchandise in the case of defects that have been reported in accordance with the above heading “Replacement and Returns.” Any other warranty claims on the part of the customer shall be excluded to the legally permissible extent. Regardless of their legal justification any claims asserted by the customer for compensation in damages not caused to the delivered merchandise itself shall be excluded to the legally permissible extent; such as, in particular, losses of production, losses of use, lost profits, loss of orders, plant interruptions as well as other direct, indirect or consequential damage. In particular any liability whatsoever for auxiliary staff shall be completely excluded.
Liability for Online Connections
Customers shall be responsible for ensuring the security of the systems, programs and data in their respective sphere of influence. In their own interest customers should keep passwords and user names secret vis-à-vis third parties. Rubis shall not be liable for defects and disruptions for which it may not be held responsible; in particular it shall not be liable for safety defects and operational failures of third-party companies with which it cooperates or on which it is dependent. Furthermore, Rubis shall not be liable for force majeure, improper action or ignoring of the risks on the part of the customer or third parties, excessive use, improper equipment on the part of the customer or third parties, extreme environmental influences, intervention by the customer or disturbances through third parties (viruses, worms, etc.) that occur despite the currently required safety precautions.
Your data shall be treated confidentially, processed in good faith and not passed on to third parties insofar as this is not absolutely necessary for handling of the order. Your data shall not be used or resold for third-party advertisement. Your rights under Swiss data protection shall be granted. With acceptance of these General Standard Trading Terms and Conditions the customer shall be in agreement that Rubis may process any data received about the customer with regard to or in connection with the respective business relations – whether or not they originate from the customer or from third parties – within the meaning of data protection law or to have such processed by third parties. Further information on data protection can be found in the data protection regulation at http://www.rubis.ch.
Any and all design and content elements of our website are protected by copyright and may not be used without our consent.
Subject to Change and Severability
These General Standard Trading Terms and Conditions may be modified at any time. The version valid at the time of the purchase order shall be applicable for each order. The respectively binding version of the General Standard Trading Terms and Conditions can be inspected at www.rubis.ch. No longer current versions of the General Standard Trading Terms and Conditions are no longer available at the website http://www.rubis.ch. If one or more of the aforementioned provisions/parts of these General Standard Trading Terms and Conditions be invalid as a whole or in part, then the validity of the remaining provisions shall not be affected. In such a case the parties to the agreement shall be obliged to replace the invalid or ineffective provision with one that most closely approximates the invalid or impracticable provision in commercial terms.
Applicable Law and Place of Jurisdiction
Agreements concluded with us shall be governed by the law obtaining in Switzerland to the exclusion of the United Nations (Vienna) Convention on Contracts for the International Sale of Goods [CISG]. The place of jurisdiction shall be Mendrisio. However, Rubis shall also be entitled to bring action against the customer before any other competent court.