1 Validity of the conditions
The deliveries, services and offers of Power-Blox AG (CHE-464.433.272 VAT), Hauptstrasse 44, 5070 Frick, Aargau, are exclusively based on these general terms and conditions, even if they are not expressly agreed upon again. With the order of the goods or services, these terms and conditions shall be deemed accepted. General terms and conditions of purchase of the customer are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Power-Blox AG.
2 Offer and conclusion of contract
2.1. The offers of Power-Blox AG are subject to change. A contract is concluded by clicking the order button in the order form. The customer places a binding order for the listed products. Power-Blox AG confirms receipt of the order immediately upon receipt.
2.2. Orders are binding for Power-Blox AG only after written confirmation of the order to the customer.
2.3. If it is determined after the order confirmation that the delivery of the goods is not possible or an incorrect price was indicated, the order will be cancelled or if the goods have already been delivered, the price difference will be claimed from the customer. In case of price errors, the customer is entitled to return the ordered goods to Power-Blox AG if the customer is not satisfied with the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against Power-Blox AG.
2.4. Only specifications of the Products contained in the Seller's order confirmation shall be part of the Supply Contract. The information contained in other documents, such as marketing documents, websites, etc., is merely indicative and shall therefore not be considered legally binding.
The prices stated in the order confirmation of Power-Blox AG are binding. Additional deliveries and services are to be invoiced and paid for separately. The prices are in Swiss francs including the statutory value added tax and, unless otherwise agreed, plus transport costs. The current prices are published on the Power-Blox AG promotional website, price changes and errors excepted.
4 Delivery Conditions
4.1. Delivery shall only be made to delivery addresses within Switzerland and the Principality of Liechtenstein.
4.2. Delivery period for the current promotion is ongoing while stocks last.
4.3. The dates and delivery periods stated on the promotional website are non-binding unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates by Power-Blox AG are subject to correct and timely delivery to Power-Blox AG by suppliers.
4.4. Visible differences in quantity must be reported to Power-Blox AG and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 5 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the shipment.
5 Default of Acceptance
If the customer refuses to accept the delivery items or declares that he does not want to accept the goods after the expiration of a grace period set for him, Power-Blox AG may refuse to fulfill the contract and claim damages for non-performance. Power-Blox AG is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the customer as compensation for damages.
6 Tranfer of Risk
The risk shall pass to the customer as soon as the shipment has been handed over to the company performing the transport. If shipment is delayed or becomes impossible through no fault of Power- Blox AG, the risk shall pass to the customer upon notification of readiness for shipment. Any assumption of transport costs by Power-Blox AG agreed upon in individual cases shall not affect the transfer of risk.
7 Warranty / Guarantee
7.1. Warranty claims of the Buyer require that the Buyer notifies all obvious defects in writing without undue delay, but no later than 5 days after receipt of the Products and in case of hidden defects no later than 5 days after their discovery. Any warranty of the Seller for defects not notified or not notified in time is excluded in full.
7.2. The warranty period is 24 months, calculated from the transfer of risk of the products to the buyer.
7.3. Seller hereby warrants that the Products upon delivery are fit for the purpose specified by Seller in its order confirmation / specifications. However, Seller does not warrant that the Products are suitable for any other particular purpose for which Buyer may wish to use them, unless otherwise agreed in writing.
7.4. In the event of a defect which materially or unlawfully impairs or substantially reduces the value of the Products or their suitability for the intended purpose, Buyer shall be entitled to rectification. Seller shall be entitled, at its sole discretion, either to replace the delivered Products free of charge or to repair the defective Products, excluding Buyer's statutory rights to rescission and reduction of the purchase price and waiving Buyer's right to claim further damages.
7.5. Excluded from the warranty are defects that are not caused by inferior materials or defective workmanship. These include, but are not limited to, normal wear and tear, improper installation, faulty maintenance, failure to comply with the operating instructions or operating requirements, tampering by unauthorized persons, use of spare parts other than those authorized by Seller. Seller further disclaims liability for defects in the Products resulting from Buyer's designs or specifications.
7.6. The warranty period shall not be interrupted by any warranty or guarantee case, but shall continue to run.
7.7. No new warranty periods shall come into effect as a result of the replacement of parts, assemblies or entire devices.
7.8. Only the direct customer is entitled to warranty claims against Power-Blox AG and such claims are not assignable.
8 Retention of title
8.1. Notwithstanding delivery and the passing of risk or any other provision of these General Terms and Conditions, Power-Blox AG shall retain title to the purchased items until the price for the products has been paid in full by the purchaser.
8.2. The Buyer agrees that Power-Blox AG shall have the retention of title entered in the relevant register at its own expense and without the participation of the Buyer until full payment has been made. Upon first request, the Buyer undertakes to immediately make all necessary declarations for the effective establishment of the retention of title without reservation, to provide the necessary information and to take the necessary measures.
8.3. In the event of a breach of contract by Buyer, in particular in the event of default of payment, Power-Blox AG shall be entitled without limitation to take back, sell or otherwise deal with or dispose of the products to which Power-Blox AG retains title in whole or in part.
9 Payment conditions
9.1. Payment of invoices by Buyer shall be due on the date specified by Power-Blox AG on the invoice and shall be made without deduction of bank transfer fees or charges to the account specified by Seller. Payments shall only be considered settled if they are available to Seller without restriction in Seller's bank.
9.2. Invoices shall be paid by bank transfer, credit card or PayPal in advance to the Seller's bank account as notified to the Buyer. Other methods of payment shall not be considered as fulfillment of the payment obligation.
9.3. In the event of Buyer's default in payment, Power-Blox AG shall be entitled, without prejudice to any other rights or remedies available to Seller, at its sole discretion:
- rescind the contract or suspend further deliveries to the Buyer; or
- charge the Buyer interest on the unpaid amount at the rate of 8% above the discount rate of the Swiss National Bank per year from the due date of payment until full payment has been made.
9.4. The withholding of payments or offsetting on the basis of counterclaims of the customer shall only be permissible if the counterclaims are undisputed or have been legally established.
10 Dunning and collection fees
If the customer is in default of payment, Power-Blox AG shall send the customer a reminder by e- mail, in writing or by telephone. Power-Blox AG reserves the right to charge reminder fees for the issued reminders. In case of unsuccessful reminders, Power-Blox AG may assign the claim to a third party company entrusted with the collection. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
11 Third-party services
If a third party provider is commissioned with an assembly, floor delivery, etc., which is carried out by a third party provider, the service contract is between the customer and the third party provider. Power-Blox AG disclaims any liability.
12.1. Any claims for damages against Power-Blox AG shall be excluded to the full extent if Power- Blox AG, its legal representatives, agents or vicarious agents have caused such damages by slight negligence. This exclusion of liability shall not apply to bodily injury or if Power-Blox AG has assumed a corresponding contractual guarantee.
12.2. Except in cases of willful misconduct or gross negligence, Power-Blox AG's total liability in contract, tort, breach of statutory duty, misrepresentation, restitution or otherwise arising in connection with the performance or intended performance of the contract shall be limited to the purchase price of the Products to the extent paid by Buyer at the time of Buyer's claim.
12.3. Power-Blox AG shall not be liable for damages resulting from errors made by the Buyer or third parties in the execution of the contract or for damages resulting from the use of technical documents, data or other information provided by the Buyer which contain errors not discovered by the Seller.
12.4. Power-Blox AG shall not be liable to Buyer under or in connection with the Contract for any indirect or consequential loss or damage of any kind in any case, whether such loss or damage was foreseeable or contemplated.
13 Data protection
14.1. All disputes arising out of or in connection with these GTC or the transactions provided for herein, including disputes regarding the conclusion, binding effect, amendment or termination, shall fall under the exclusive jurisdiction of the Commercial Court of Aarau. The legal relationship is subject to Swiss law.
14.2. However, Power-Blox AG shall have the right to sue at the Purchaser's domicile at its own discretion.
15 Final provisions
15.1. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the General Terms and Conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.
15.2. Seller reserves the right to improve or modify the Products without prior notice, provided that such improvements or modifications do not adversely affect the form and function of the Products.
15.3. These GTC shall replace and invalidate all other obligations and warranties made by the parties orally or in writing prior to the date of these GTC, which shall become invalid as of the date of the written order confirmation by the Seller.