Terms & Conditions
General Terms and Conditions (GTC) for Private and Business Customers
Valid from 01.09.2019. The latest version is published at www.classroomcubes.com.
1. Scope of Application
These general terms and conditions (GTC) apply to contracts between classroomcubes GmbH and business customers concluded via the classroomcubes shop and other channels. The sale and delivery of goods offered by us as well as the provision of services are subject to these GTC and other special conditions. These form an integral part of the respective contract. Deviating conditions of the customer are not recognized by us, unless we have agreed to them in writing. The GTC valid at the date of order are applicable.
2. Order and Conclusion of Contract
Online offers are valid only as long as they are visible in the classroomcubes shop and while stocks last. The illustrations shown are for illustration purposes only and are non-binding. The information about our offers given in catalogs and leaflets is for explanation only and is also non-binding. However, an order becomes final upon its acceptance by classroomcubes GmbH. We reserve the right to reject any order from a customer. By ordering, the customer accepts these GTC fully and without limitation (see section 1). Customers who do not order in the classroomcubes shop are advised where they can download the GTC on the Internet. These apply upon conclusion of the purchase contract. If a customer in such cases does not agree with the GTC, they can immediately withdraw from the contract in writing.
3. Prices
Prices are exclusively in Swiss Francs. For private customers they are shown including VAT, for business customers excluding VAT. Prices are based on current price lists, offers and order confirmations, unless there are typographical, printing or calculation errors. Packaging and shipping costs are not included. These are charged separately to private customers and are included in the flat shipping rate applicable to deliveries within Switzerland. For business customers they are charged separately within Switzerland according to valid postal, rail or DHL tariffs. Small quantity surcharge and free domicile rule are regulated according to the current price list for business customers. Deliveries abroad are charged at cost according to current postal, rail or DHL tariffs. The costs for customs duties and taxes (e.g. 19% EU VAT, import sales tax Germany) are not included. These costs are invoiced to the recipient by the customs office or transporter. We reserve the right to change our prices at any time. However, the prices valid on the date of order or stated on the order confirmation always apply to goods ordered by customers.
4. Delivery Terms
The delivery time for our items for deliveries within Switzerland is usually 5 working days, provided the ordered goods are available from stock. For expressly requested Post Priority orders received by 12 noon, the delivery time is one working day from Monday to Friday. If a longer delivery time is necessary, the customer will be informed at the latest after this time has expired. The stated delivery times are non-binding. Failure to meet delivery times is no reason to cancel the order, request compensation or make any other deduction from the price. In all cases, classroomcubes GmbH is not liable for delivery delays caused by force majeure or attributable to third-party manufacturers or our logistics partners.
5. Place of Performance, Transport Risk and Insurance
Unless a special place of performance is agreed, delivery is the provision of goods at the registered office of classroomcubes GmbH. Unless expressly agreed otherwise, benefits and risks pass to the customer upon dispatch of the goods from the registered office of classroomcubes GmbH. Delivery is therefore at the risk and peril of the customer. classroomcubes GmbH will only take out transport insurance upon the written request and at the expense of the customer. The delivered goods must be checked for transport damage immediately. If such damage is found, a damage report must be requested from the transporter (post office, rail or forwarding agent) and filled out immediately. Only with this report is it possible to claim this damage.
6. Payment Terms
Payment for all orders is accepted exclusively in Swiss Francs. Unless otherwise agreed, payment is possible by invoice and, for private customers, additionally by credit card or Postcard. Deliveries against invoice are only made in Switzerland. In the case of partial deliveries, only the costs for the shipped goods and the shipping costs are charged. Our invoices are payable at the latest 30 days after the invoice date without any deductions. Unjustified deductions will be recharged. In case of non-compliance with this payment period, we are entitled to charge default interest of 7.0% as well as processing fees (e.g. for reminders).
7. Retention of Title
The delivered goods remain our property until full payment of the total claim. The customer authorizes classroomcubes GmbH to enter the retention of title at the buyer’s place of residence in the retention of title register from the time of the conclusion of the contract (see Section 2) (Art. 715 ZGB). As long as the retention of title lasts, the customer may not dispose of the delivered items, in particular neither sell nor rent or pledge them. Stiftung Brändi is entitled to assert its right of ownership by taking back the delivered goods if the agreed payment conditions are not met. Associated expenses and shipping costs are borne by the customer.
8. Goods Inspections
Unless customer-specific inspections have been agreed, a container inspection (type, condition and quantity) is carried out when the goods leave the premises.
9. Complaints, Exchange and Return
The goods must be inspected by the customer immediately upon receipt. Obvious defects or deviations from the order must be reported to us in writing within 8 working days of delivery. Otherwise the delivery is considered accepted. Defective items will be exchanged or repaired. Color irregularities and minor unevenness and inaccuracies in glaze and print cannot be ruled out and are characteristic of handcrafted goods. Third-party repairs at our expense may only be carried out with our written consent. Incomplete goods, goods damaged or soiled by the customer will generally not be taken back. If the customer exercises their right of return, they are obliged to return the goods in their original packaging, brand new, undamaged and with the goods dispatch note or copy of the invoice within 10 working days of receiving the goods. The shipping costs are borne by the customer.
10. Guarantee
We guarantee the dimensional stability of our goods within the permissible load capacity of the materials used. Our goods are provided with a quality guarantee on material and workmanship for a period of 12 months from the delivery date. The invoice serves as proof for making a claim. Our warranty refers only to the replacement of the value of the goods, but not to ancillary costs. Our guarantee obligation does not cover damage caused by improper handling, storage or use of the goods.
11. General Liability
classroomcubes GmbH excludes all liability as far as legally possible. We assume no liability whatsoever unless there is gross negligence or intent on our part. Liability for improper handling of the goods is excluded. Any liability for direct and/or indirect consequential damages as well as lost profit and/or loss of earnings is excluded. Claims for damages due to incorrect illustrations, texts, prices or delayed deliveries are also excluded.
12. Liability for Online Connections
classroomcubes GmbH undertakes to provide security measures in accordance with the current state of technology in the IT systems over which it has influence. Customers are responsible for the security of the systems, programs and data that are within their sphere of influence. Passwords and/or usernames must be kept secret from third parties. classroomcubes GmbH is not liable for defects and malfunctions for which it is not responsible, especially not for security defects and operational failures of third parties with whom it cooperates or on whom it is dependent. Furthermore, classsroomcubes GmbH is not liable for force majeure, improper procedure and disregard of risks on the part of the customer or third parties, excessive stress, unsuitable equipment and computers of the customer or third parties, interventions by the customer or disruptions by third parties (viruses, worms, etc.) that happen despite the necessary current security precautions.
13. Intellectual Property
The name “classroomcubes” is a registered trademark. Any copying or reproduction of our protected goods including images and product texts is not permitted without our written consent.
14. Data and Data Protection
classroomcubes GmbH undertakes to observe the rules of data protection. Your personal data will be treated confidentially and will not be passed on to third parties. We reserve the right to check your details (billing address / provider IP / email address / credit card details) for their correctness and, if necessary, to refuse delivery of the goods.
15. Partial Invalidity
If one or more provisions of these GTC are invalid, illegal or otherwise ineffective, this does not result in the invalidity of the entire contract. The ineffective provision is replaced by the relevant statutory provision.
16. Place of Jurisdiction and Applicable Law
Place of jurisdiction is CH-4800 Zofingen, subject to differing mandatory places of jurisdiction of federal law. classroomcubes GmbH has the right to also sue the customer at their place of residence/registered office. Exclusively substantive Swiss law applies, namely the provisions of the Code of Obligations on the purchase contract (Art. 184 ff. OR).
Zofingen, September 1, 2019
classroomcubes GmbH, Weiherstrasse 17, 4800 Zofingen
+41 (0) 79 366 56 60
Email: info@classroomcubes.com
Internet: www.classroomcubes.com
