General Terms and Conditions
The General Terms and Conditions (hereinafter referred to as GTC) are an integral part of the contract between IMAD AG International Marketing & Distribution (hereinafter referred to as iMAD AG) and the customer. The GTC are applicable without reservation and take precedence over any other business conditions. Agreements that amend or supplement the following provisions require the written consent of iMAD AG in order to be valid. Once the GTC have been agreed, they also apply to all further contractual relationships between iMAD AG and the Customer. The version of the GTC in force at the time of the conclusion of the contract applies in each case.
1. Offers, Orders
The offers of iMAD AG are subject to change. The contract between iMAD AG and the Customer is concluded as soon as iMAD AG has confirmed the Customer's oral or written order in writing. The content of the order confirmation is decisive for the scope of iMAD AG's deliveries and services. This is deemed to be accepted by the Customer unless he objects to its content in writing within three working days of its receipt. The minimum order value is CHF 50. – net value of goods.
The prices are net ex warehouse Steinhausen, excluding value added tax. Packaging shall not be charged and shall not be credited in the event of any return shipment. Any services that go beyond those described in the order confirmation shall be borne by the customer and invoiced separately.
3. Recommended prices
Recommended prices published by iMAD AG for end customer prices (print, Internet, etc.) are for information purposes only.
4. Shipping and shipping costs
Shipping instructions of the customer are only binding for iMAD AG if iMAD AG has confirmed them in writing. For standard products, the customer will be charged a shipping fee of CHF 12 per package up to 31kg and CHF 10 per package up to 5kg. For direct shipments (deliveries to consumers on behalf of the customer), a surcharge of CHF 15.– will be levied. All shipments are sent by DHL Express Domestic and usually arrive on the next or next working day from the day of dispatch. At the request of the customer, a shipment can also be sent by PostPac Economy, Priority or Swiss-Express. The orderer has to bear the resulting additional costs. iMAD AG determines the mode of transport. If the customer wishes a type of transport that deviates from the choice of iMAD AG, the resulting additional costs are to be borne by the customer.
5. Delivery periods
The respective stated delivery date refers to the entire calendar week; iMAD AG can freely choose the actual delivery date within the corresponding calendar week. The Customer's right to withdraw from the contract and claims for damages based on non-compliance with a delivery date/period are expressly excluded. Cases of delay caused by gross negligence on the part of iMAD AG remain reserved. If there is no agreement regarding a delivery date/period, iMAD AG will deliver as soon as the ordered goods are available. If the customer is in default of acceptance or if he violates other obligations to cooperate, iMAD AG is entitled to claim all resulting damages.
6. Scope of Deliveries
iMAD AG is entitled to make partial deliveries. iMAD AG reserves the right to round up or down order quantities to the packaging unit.
7. Transfer of use and risk
Use and risk are transferred to the customer with the dispatch of the deliveries from iMAD AG's Steinhausen warehouse.
8. Acceptance of deliveries and warranties
Deficiencies regarding quantity, quality and price of the goods must be notified to iMAD AG in writing within 10 days of receipt, otherwise the goods and the price are deemed to have been approved. If no such notification is made, the goods and the price are deemed to be accepted and all possible warranty claims of the Customer lapse. iMAD AG undertakes, in the event of timely notification pursuant to para. 8, iMAD AG undertakes to replace all parts of the delivery that are demonstrably defective or unusable as a result of poor material, faulty design or defective workmanship free of charge against their return within a reasonable period of time. To simplify processing, the returned goods will generally be credited to the customer and the replacement goods will be re-invoiced.
The illustrations in catalogues and price lists as well as the dimensions, colours and the like contained therein are approximate and non-binding. Any further warranty claims of the customer that go beyond the claims listed here, in particular claims for damages, reduction, cancellation of the contract or withdrawal from the contract, are excluded. Excluded from this are cases of intent or gross negligence on the part of iMAD AG. The unauthorised return of delivered goods will not be reimbursed.
Returns without prior consultation with iMAD AG will not be accepted.
iMAD AG shall only be liable to the customer for culpability due to intent and gross negligence.
11. Sample consignments
Articles provided by iMAD AG on consignment shall remain the property of iMAD AG until full payment has been made. For consignment goods returned in an imperfect condition or with missing or damaged packaging, iMAD AG may claim damages at its own discretion up to the full value of the goods.
12. Retention of title
The goods remain the property of iMAD AG until full payment of the purchase price and all ancillary claims. iMAD AG is entitled to have the retention of title entered in the corresponding register.
13. Terms of Payment
Payments are to be made by the Customer without any deductions (e.g. expenses, taxes, fees, etc.). The term of payment shall be 30 days from the date of invoice. If payment is made within 10 days of the invoice date, the customer may claim a discount of 2% of the value of the goods. In the case of non-payment within the payment period, default occurs without further reminder. In this case, iMAD AG is entitled to claim interest on arrears in the amount of 5% p.a.
14. Applicable Law
The contractual relationships between iMAD AG and the Customer are expressly subject to Swiss law.
15. Place of jurisdiction
Exclusive place of jurisdiction for all disputes is the registered office of IMAD AG.
IMAD AG, 2022