General Terms and Conditions of Sale and Delivery of cebrands.ch AG (B2B)
1. General
cebrands.ch AG, Dorfstrasse 38, CH-6340 Baar, Switzerland (“cebrands.ch”) sells consumer electronics products, hereinafter referred to as products. The contractual partner of cebrands.ch (“customer”) operating in the area of trading or selling these products orders them from cebrands.ch. These GT&C’s apply to the sales contracts concluded between cebrands.ch and the customer and are valid from August 1, 2021. They supersede all previous versions. The customer’s general terms and conditions of business and purchasing are only effective if they are expressly confirmed in writing by cebrands.ch. All changes and amendments to these GT&C’s must be made in writing in order to be valid.
2. Order and confirmation
The customer orders the products from cebrands.ch by means of individual orders in person, in writing, electronically or by telephone. Such an order is only considered accepted by cebrands.ch if cebrands.ch confirms the order in writing, electronically or by telephone (“cebrands.ch confirmation”). Any discrepancies between the cebrands.ch confirmation and the order must be reported by the customer without delay and no later than within 2 working days of receiving the cebrands.ch confirmation. If such a complaint or objection is not made or is delayed, the terms and conditions contained in the cebrands.ch confirmation are deemed to have been accepted by the customer.
3. Delivery and performance
3.1 Partial deliveries
cebrands.ch expressly reserves the right to make partial deliveries and invoice for the same.
3.2 Transport costs/damage
If the value of the goods carriage paid is over CHF 500.00, cebrands.ch can voluntarily assume the transport costs. In the case of a lower value of the goods, the customer shall always bear the cost of packaging, service and postage. Additional costs for special treatment or express mail as well as any cash on delivery fees and - where appropriate - the applicable fees of the recycling guarantee are shown to the customer openly and charged separately. Delivery consignments with transport damage may not be refused by the customer, but are to be accepted with reservation and be reported to the carrier and cebrands.ch without delay. The customer must notify cebrands.ch in writing of any complaints regarding transport damage/quantity deviations within 5 days of the arrival of the ordered goods, enclosing photos, otherwise the delivery shall be deemed to have been approved. In the case of deliveries by third parties, liability for transport damage due to inadequate or insufficient packaging or incorrect choice of means of transport is excluded. Warranty claims arising from transport damage due to inadequate or insufficient packaging are excluded.
3.3 Returns
cebrands.ch only takes back incorrect deliveries and brand-new products in the undamaged original packaging and without adhesions (e.g. price labels). Products can only be returned or exchanged within 10 days of receipt by the customer or according to a special agreement and only with the prior approval of the cebrands.ch sales department. Approval is given by cebrands.ch providing a return/order number. The return/order number must be noted on all documents (e.g. delivery note) by the customer. Any costs for checks, damaged packaging, etc. will be deducted from the credit. If the customer fails to comply with these provisions, cebrands.ch shall be entitled to return the products to the customer with postage unpaid, refuse to accept the delivery or pay a share of the costs of at least CHF 50 or a maximum of 10% of the invoice amount to be charged.
3.4 Transfer of use and risk
The use and risk of the products are transferred to the customer when they are delivered to the cebrands.ch customer's location.
3.5 Right of withdrawal on the part of cebrands.ch
cebrands.ch is entitled to withdraw from contracts if facts arise that show that the customer is not creditworthy.
3.6 Delay in delivery
If cebrands.ch is in default of delivery, the customer must always grant a grace period of at least 10 working days. If cebrands.ch continues to be in default after the grace period has expired, the customer can waive the delivery by giving written notice to cebrands.ch within 5 working days of the expiry of such grace period, failing which the delivery shall be accepted. Under no circumstances shall the customer be entitled to any compensation (e.g. for (in)direct damage, loss of profit or consequential damage, etc.), nor shall cebrands.ch be liable for accidental loss or damage. Liability for auxiliary persons from cebrands.ch is excluded.
4. Purchase prices
cebrands.ch sells the products at the prices and on the terms & conditions stipulated in the respective price lists (plus statutory VAT and ARF), whereby the right to change prices and models is reserved at all times.
5. Terms of payment
The customer has to pay strictly net for the delivered products within 30 days of the invoice date. The customer is not entitled to make part payments and may not withhold payments for complaints. The customer is not entitled to offset such payments with any claims it may have against cebrands.ch, such as returns or warranty claims, etc. Deductions may not be made without consulting cebrands.ch. cebrands.ch reserves the right to adjust the terms of payment at any time.
6. Default in payment
On expiry of the 30-day payment period or the agreed payment deadline, the customer shall immediately be in default. In the event of late payment, default interest of 5% per year may be charged. Reminder and collection fees as well as other follow-up costs shall be borne by the customer. In the event of default in payment, cebrands.ch shall be entitled to request advance payment for further orders and withhold deliveries that have not been made until payment has been received.
7. Warranty
The warranty right under OR (Swiss Code of Obligations) Art. 192ff is excluded by cebrands.ch; the following warranty provisions are valid. cebrands.ch guarantees the purchaser that the products are free from defects within the meaning of OR Art. 197. cebrands.ch is only liable for the properties of the product specified by the customer in the context of the order if cebrands.ch expressly confirms these in writing. The customer must assert warranty claims to cebrands.ch in writing immediately after they are discovered, with submission of the warranty card or the sales receipt. Such claims shall expire after the warranty period from the date of sale by the ordering party as communicated in writing by cebrands.ch. If the product does not work after purchase (dead on arrival), the customer must return this within 5 working days with submission of the relevant warranty card or sales receipt. No exchanges will be made after this period has expired, but repairs will be carried out. This does not apply to brands and products for which the DOA (Dead on Arrival) provisions are excluded. (see annex) The warranty period and DOA (Dead on Arrival) provisions for the individual brands and products are set out in the annex to these general T&C's. In the event of a warranty claim by the customer, cebrands.ch shall be free to choose to either repair a defective product or replace it with a product of the same type. If a product is replaced, the existing warranty shall continue on the basis of the sales receipt or shall be at least 6 months. Consumables (lamps, batteries, rechargeable batteries, packaging, etc.) are excluded from the warranty. The customer is not entitled to cancel the purchase of a product by means of conversion or demand a reduction in the purchase price. Any claim for damages is excluded. All rights are reserved regarding technical and design deviations from the information in brochures, catalogs and written documents that are reasonable vis-à-vis the customer, as well as model, construction and material changes in the course of technical progress and further development, without the possibility of any rights vis-à-vis cebrands.ch being derived from this. A warranty claim does not apply if the product has been handled or opened improperly or if the serial number has been damaged, altered or removed. Further warranty claims or other claims on the part of the customer in connection with product defects - for whatever legal reasons - are excluded. Furthermore, any guarantee for the foreign use of products intended for the Swiss market is excluded.
8. After Sales
If the product is to be returned (un)repaired at the customer's request or if there is no response to the cost estimate, a processing fee will be charged. This also applies to the sending of third-party products. In the case of warranty claims that can be traced back to an operating error, the work involved may be invoiced. We grant a repair guarantee of 6 months for repairs carried out and spare parts that have been replaced.
9. Force majeur
Operational disruptions, strikes or any kind of force majeure shall release cebrands.ch from compliance with guaranteed delivery times.
10. Obligation to provide information
The ordering party must forward any complaints from its customers and third parties that come to its knowledge to cebrands.ch without delay in every case.
11. Advertising contribution
The customer must discuss all advertising activities co-financed by cebrands.ch with the sales management of cebrands.ch in advance and ensure that they comply with the current design templates (corporate design/identity) of the product or correspond to the product brand. cebrands.ch cannot pay out any advertising subsidies without such prior agreement and without submitting specimen copies. Payment is made against the customer's invoice.
12. No changes to products
The customer is not entitled to make changes to the products or the brands, names, logos or symbols on them in any way.
13. Handover of documents
The customer shall hand over marketing, advertising and other documents received from cebrands.ch to cebrands.ch without delay at the first request.
14. Applicable law / jurisdiction
These GT&C’s and the contracts and agreements concluded between the parties based on the same are subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sale of Goods Convention). The courts of Zug are responsible for assessing disputes in connection with these GT&C’s and the contracts concluded by the parties based on the same.
General Terms and Conditions of Business for orders via the online shop of cebrands.ch AG (B2C and B2B)
1. Scope
The offer or quotation is valid as long as the product can be found using the search engine in the online shop and/or stocks last.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
The range of products and services in the online shop is aimed exclusively at customers with their place of residence or company headquarters in Switzerland or Liechtenstein.
cebrands.ch reserves the right to modify these GT&C’s at any time. The version of these terms and conditions applicable at the time of the order is decisive and cannot be changed unilaterally for such order. Any customer’s terms and conditions inconsistent with or deviating from these GT&C’s will not be recognized.
The General Terms and Conditions of Business (hereinafter referred to as “GT&C’s”) apply to all legal transactions concluded via the online shop www.cebrands.ch (hereinafter referred to as “online shop”). The online shop is operated by cebrands.ch AG (hereinafter referred to as “cebrands.ch”).
2. Information
1. Product and price
Images of products in the online shop serve are for illustration purposes only and are non-binding.
The information about products is compiled in the online shop to be as customer-friendly as possible, but is not binding. Errors and omissions excepted.
All sales prices published in the online shop are final prices that include all taxes (especially VAT), any advance recycling fees (ARF), costs for packaging as well as the delivery costs for the advertised delivery time. Cebrands.ch reserves the right to change the prices of the products on offer at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
2. Availability and delivery time
cebrands.ch attaches great importance to providing up-to-date and accurate information on the availability of items in the online shop. However, all information on availability is not guaranteed and can change at any time.
3. Conclusion of contract
The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from cebrands.ch to the email address provided by you. The receipt of the automatically generated order confirmation does not contain any assurance that the product can also actually be delivered. It only shows the customer that the order placed has been received by the online shop and that the contract with cebrands.ch has been concluded on the condition that delivery is possible and that the price quotation is correct.
The purchase contract for products from cebrands.ch is concluded with cebrands.ch as soon as customers place their orders in the online shop (hereinafter referred to as the “purchase contract”).
The products and prices in the online shop are seen as offers. However, this offer is always subject to the condition under which the contract can be terminated if delivery is impossible or in the event of an incorrect price indication.
4. Delivery
The customer's delivery address must be in Switzerland or Liechtenstein and be easily accessible by truck. Deliveries cannot be made to PO box addresses. If delivery is impossible due to non-compliance with these conditions, the customer shall bear any additional associated costs.
All products ordered in the online shop are delivered to customers by DHL or pallet delivery. The decision on the means of transport rests solely with cebrands.ch. Orders cannot be collected. Products and services that customers buy from retailers can only be delivered to customers by mail.
5. Inspection requirement
Customers must immediately check products that have been delivered or collected for correctness, completeness and delivery damage.
Delivery consignments with transport damage may not be refused by the customer, but are to be accepted with reservation and be reported to the carrier and cebrands.ch without delay. The customer must notify cebrands.ch in writing of any complaints regarding transport damage/quantity deviations within 5 days of the arrival of the ordered goods, enclosing photos, otherwise the delivery shall be deemed to have been approved. In the case of deliveries by third parties, liability for transport damage due to inadequate or insufficient packaging or incorrect choice of means of transport is excluded. Warranty claims arising from transport damage due to inadequate or insufficient packaging are excluded. Packaging serves as protection for the delivered products. Damage to packaging is therefore not considered to constitute transport damage.
6. Gewährleistung
1. Basic provisions
cebrands.ch guarantees for 2 years after delivery that the ordered product is free from defects and functions.
The warranty period continues regardless of the provision of any warranty services.
cebrands.ch can opt to provide the warranty by way of
- repairing the item free of charge (with the original warranty period continuing on all products);
- partial or complete replacement by an equivalent used/repaired product (with the original warranty period continuing on all products);
- replacement with a new product by cebrands.ch (new warranty period of 2 years from the time of replacement)
- granting credit at the current price (maximum of the sales price at the time of placing the order)
Wear parts, e.g. particularly batteries, rechargeable batteries, power cords and adapters are excluded from the warranty. The exclusions of liability in accordance with section 7 otherwise apply.
When handing over a data carrier or a product containing a data storage device to the cebrands.ch service point, complete loss of the data must be expected in each case. cebrands.ch assumes no liability for any loss of data or data carriers.
All further provisions and, in particular, the statutory provisions relating to warranty are excluded.
2. Additional provisions for used goods
Other provisions apply to products already discounted, which are designated as "demonstration product, test device or used device” in the online shop. They can have slight visual defects or be reconditioned products. These visual defects are excluded from the warranty and are mentioned in the item details.
The warranty period of one year after delivery otherwise applies to such products.
7. Liability and disclaimers
Liability is based on the applicable statutory provisions. However, cebrands.ch is in no way liable for (i) slight negligence, (ii) indirect and consequential damage and loss of profit, (iii) unrealized savings, (iv) damage from delayed delivery and (v) any acts or omissions on the part of cebrands.ch auxiliary staff, whether contractual or non-contractual.
In addition, cebrands.ch is not liable for any damage that can be traced back to any of the following causes:
- improper storage of storage not compliant with the contract or law, improper adjustment or use of the products;
- use of incompatible spare parts or accessories (e.g. power supply);
- lack of maintenance and/or improper modification or repair of the products by the customer or a third party;
- force majeure, in particular elementary, moisture, fall and impact damage, etc., for which cebrands.ch is not responsible, and official directives.
8. Payment
1. Payment options
Payments must be made in Swiss Francs.
The payment options offered as a means of payment in the online shop under "Checkout" are available to customers.
When paying by credit card or other instant payment methods, the charge is made when the order is placed.
9. Changing or canceling the order
Orders oblige customers to purchase the products. Subsequent changes or cancellations of orders by customers are not permitted.
If (partial) delivery proves impossible (condition subsequent) after an order or the conclusion of a contract in accordance with article 3, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded.
Further claims for delay in delivery or failure of delivery are excluded.
10. Return of goods free of defects
No returns of goods free of defects will be accepted.
11. Out of warranty repairs
The costs for a repair outside the warranty in accordance with article 7 shall be borne by the customer.
In the case of devices that have no identifiable defects or for which the defect is not covered by the warranty in accordance with article 7, cebrands.ch will charge the costs for checking the asserted defect and the shipping costs to the customer.
Costs for repair estimates as well as for the repair itself have to be paid to cebrands.ch in advance. The device will only be returned after these costs have been remitted in full.
12. Further provisions
1. Goods under warranty that cannot be delivered
If goods related to the provision of the warranty in accordance with article 7 cannot be returned to the customer, cebrands.ch shall be entitled to freely dispose of such goods after a period of 6 months.
2. Partial invalidity
If any individual provisions of these terms and conditions should prove to be invalid or ineffective, this shall have no influence on the effectiveness of the remaining provisions and these GT&C’s as a whole.
3. Place of jurisdiction and applicable law
All legal relationships between cebrands.ch and customers are subject to substantive Swiss law. The Vienna Sale of Goods Convention does not apply.
The courts of Zug are responsible for assessing disputes in connection with these GT&C’s and the contracts concluded by the parties based on the same.
Annex
Guarantee period and DOA (Dead on Arrival) provisions for the individual brands
Denon: 24 months bring-in
Definitive Technology: 24 months bring-in
Optoma: 24 months bring-in
Advance Paris: 24 months bring-in
Accuphase: 36 months bring-in
Monitor Audio: 60 months bring-in (Electronic 24 months)
Roksan: 24 months bring-in
Canton: 60 months bring-in (Electronic 24 months)
All brands - no DOA provision
As per August 2021