GENERAL TERMS AND CONDITIONS

Please note: Only the German original of these General Terms and Conditions of Maurice de Mauriac is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.

 

1 Scope of application

The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops www.mauricedemauriac.ch (hereinafter individually referred to as “online shop”). The online shop is operated by Dreifuss & Partners AG . Dreifuss & Partners AG reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.

The range of products and services available in the online shop (hereinafter “offer”) is  intended for customers around the world.

Deliveries are made to worldwide addresses.

Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.

 

2 Information

2.1 Product and price

Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.

Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.

All prices quoted are brutto, in Swiss Francs, include value added tax (VAT) and, where applicable, include an advance recycling contribution. Dreifuss & Partners AG reserves the right to change prices at any time. The prices stated in the online shop at the time of order placement apply.

2.2 Availability and delivery times

Dreifuss & Partners AG is committed to provide up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.

 

3 Contract conclusion

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).

Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and correct price quotation.

 

4 Delivery date

Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by Dreifuss & Partners AG is delayed, customers are asked to contact Dreifuss & Partners AG to discuss further steps.

 

5 Delivery/In-store collection

Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Dreifuss & Partners AG may withdraw from the contract (cancellation) and invoice the customer any additional costs incurred as well as an inconvenience charge of 20% of the order value but no less than CHF 60.– as well as charge for any value loss of the ordered products.

 

6 Customer obligation to inspect products

Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity. The customer shall inform Dreifuss & Partners AG of any defects immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer must retain the product in the condition it was delivered in and may not use it. If the delivery is carried out by a service partner, the customer, by signing the delivery note, confirms that the product shows no obvious defects. Alternatively, he/she must state the defect on the delivery note. This does not apply to hidden defects.

 

7 Warranty

7.1 Basic provisions

Dreifuss & Partners AG or the retailer warrant for two-years from delivery date or in-store collection that the ordered product will be free from defects and fully functional. Dreifuss & Partners AG shall provide warranty either by

• repairing the product free of charge
• providing a partial or full replacement with an equivalent product
• giving a price reduction.

 

8 Liability and exclusion of liability

Liability is based on the applicable legal provisions. However, in no event shall Dreifuss & Partners AG be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Dreifuss & Partners AG, be this contractual or non-contractual.

Moreover, Dreifuss & Partners AG is not liable for damage resulting from the following causes:

• Storage, setting or use of products that is improper, unlawful or contrary to contract;
• Use of incompatible spare parts or accessories (e.g. power supply);
• Failure to maintain and/or improper modification or repair of the products by our clients or a third party;
• Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Dreifuss & Partners AG or official orders.

The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. on-site installation).

 

9 Payment

9.1 Payment methods

Payment must be made in Swiss Francs or US Dollars.

Cash payment is possible for in-store collection only.

We accept the folowing payment methods: online banking, transfer by bank or post, credit card (Mastercard, VISA, PayPal, debit cards). Our current fees can be viewed under payment methods and are given in detail in the ordering process.

When paying by credit card, the amount is debited at the time of order.

In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the Dreifuss & Partners AG main warehouse are reserved until the expiration of the payment term, which is at least 40 calendar days. Products that need to be delivered by an external distributor first are only ordered upon receipt of payment.

9.2 Delay of payment

Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Dreifuss & Partners AG for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Dreifuss & Partners AG may request immediate payment and suspend any further product deliveries to the customer.

9.3 Reservation of ownership

All ordered products remain the property of Dreifuss & Partners AG until payment is received in full. Dreifuss & Partners AG is entitled to make an entry in the register for reservation of ownership. Without the express consent of Dreifuss & Partners AG, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.

 

10 Order change or cancellation

Order placement obliges the customer to accept the products and services. Dreifuss & Partners AG may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.

In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

 

11 Repairs outside of the warranty

All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer Dreifuss & Partners AG reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.

 

12 Further provisions

of the respective item.

12.1 Data privacy protection

The privacy statement is an integral part of these GTC.

By accepting these GTC, customers also agree to the privacy statement.

12.2 Partial invalidity

Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.

12.3 Place of jurisdiction and applicable law

All legal relations between Dreifuss & Partners AG and their customers are subject to substantive Swiss law.

 

13. Copyright notice

All rights to these GTC, particularly copyrights, are reserved by Dreifuss & Partners AG. All reproduction, distribution or other use is prohibited except with written permission from Dreifuss & Partners AG.

In the event of breach of this requirement, Dreifuss & Partners AG reserves the right to take legal action.