§1 Validity of the terms and conditions
The deliveries, services and offers of the online store of the Leathermen of Switzerland, Dachslernstrasse 38, 8048 Zurich, represented by its Board, shall be made exclusively on the basis of these general terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted upon ordering the goods or services. Any general terms and conditions of purchase of the customer are hereby rejected. Deviations from the general terms and conditions shall only be effective if confirmed in writing by the Leathermen of Switzerland.
§2 Offer and conclusion of contract
Offers made by the Leathermen of Switzerland in price lists, advertisements or other advertising media do not constitute a legally binding offer, but an invitation to the customer to place an order that is binding for them. Special offers such as clearance sales are excluded from the binding nature of availability.
By clicking the order button on the online store, the customer places a binding order for the products listed on the order page. The Leathermen of Switzerland shall confirm receipt of the order immediately upon its receipt. Orders shall not be binding on the Leathermen of Switzerland until they have been confirmed in writing. If, after order confirmation, it is determined that delivery of the goods is not possible or that there was a price error, the order shall be cancelled or, in the case of price errors, if the goods have already been delivered, the price difference shall be claimed from the customer. In the event of price errors, the customer shall be entitled to return the goods to the Leathermen of Switzerland if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer shall not be entitled to assert any further claims against the Leathermen of Switzerland or a supplier.
The information contained in the sales documents (drawings, illustrations, dimensions, weights and other performances) are to be understood as indicative only and do not constitute a guarantee of characteristics unless they are expressly designated in writing as binding.
If a customer exceeds his credit limit by placing an order, the Leathermen of Switzerland shall be released from the obligation to deliver.
The prices stated in the order confirmation shall be decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks or errands, the daily price on the day of the order shall apply. Prices are in Swiss francs or Euro and, unless otherwise agreed, do not include transport costs. The current prices are published in the online store, price changes and errors excepted.
§4 Terms of delivery
Delivery will only be made to delivery addresses in Switzerland and Liechtenstein after prepayment plus transport costs. The transport costs correspond to those of the Swiss Post. Deliveries to other countries are made by arrangement or the conditions offered in the store.
Dates and delivery periods are not binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by the Leathermen of Switzerland are subject to the correct and timely delivery of the Leathermen of Switzerland by suppliers and manufacturers.
The Leathermen of Switzerland and the carrier must be notified in writing of any visible differences in quantity immediately upon receipt of the goods, and of any concealed differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment of goods.
§5 Default in acceptance
If the customer refuses to accept the delivery items after expiry of a grace period set for him or declares that he does not wish to accept the goods, the Leathermen of Switzerland shall be entitled to refuse performance of the contract and to claim damages for non-performance. The Leathermen of Switzerland shall be entitled to demand either a flat rate of 25% of the agreed purchase price or compensation from the customer for the actual damage incurred.
§6 Transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the company performing the transport. If shipment is delayed or becomes impossible through no fault of the Leathermen of Switzerland, the risk shall pass to the customer upon notification of readiness for shipment. Any assumption of transport costs by the Leathermen of Switzerland agreed in individual cases shall not affect the transfer of risk.
The Leathermen of Switzerland or the supplier/manufacturer shall guarantee that the ordered product is free of defects and functional for 2 years after delivery, unless expressly agreed otherwise in writing.
If the operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty/guarantee shall lapse insofar as the defect is attributable to this. This also applies insofar as the defect is due to improper use, storage and handling of the equipment, or third-party intervention as well as the opening of equipment/articles.
Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/inserted batteries/inserted or installed rechargeable batteries is excluded.
If a warranty or guarantee case occurs, the right to rectification, replacement or redhibitory action exists. The Leathermen of Switzerland shall have the right to choose the method of rectification of defects. If the Leathermen of Switzerland decide to rescind the contract, a credit note shall be issued at the current price (maximum the sales price at the time of the order).
The warranty period shall not be interrupted by any warranty or guarantee claim, but shall continue to run.
No new warranty periods shall come into force as a result of the replacement of parts, assemblies or entire devices/articles.
Only the direct customer shall be entitled to warranty or guarantee claims against the Leathermen of Switzerland and such claims shall not be assignable.
The statutory warranty is excluded in full.
Customers have the right to return the goods during 14 days after their delivery. The right of return is exercised by returning the goods, which must be unopened and unused. The return order must be registered via the customer account in the online store, a return label will then be sent by the Leatherman of Switzerland by e-mail.
Products that the Leathermen of Switzerland have procured at the customer’s request are excluded from return in any case.
The exercise of the right of return shall result in the conversion of the purchase contract into a return relationship, according to which the services received under the purchase contract must be refunded.
Upon receipt of the goods, any purchase price already paid will be credited to the customer’s account. However, the association reserves the right to deduct the purchase price to be refunded or to invoice the customer for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs of the goods. The Leathermen of Switzerland may refuse to issue a credit note until they have received the goods back or the customer has provided proof that they have returned the goods, whichever is the earlier.
For returns of defective merchandise, the Leathermen of Switzerland require that the defective item be sent or delivered to the Leathermen of Switzerland for repair with a completed repair form and a copy of the invoice with which the item was shipped.
In any case, the customer shall be responsible for packing the goods to be returned in a manner suitable for transport. Damage/loss of the goods due to improper packaging shall be charged to the customer. If the Customer hands over the goods to a transport company, the Customer shall bear the risk for the safe transport of the goods. The transfer of risk to the Leathermen of Switzerland shall not take place until the goods have arrived at the Leathermen of Switzerland.
Payments are usually due immediately and processed via credit card payment. Invoices are payable according to agreement in cash or within 10 days net. The payment methods available for selection are published in the online store.
Payment shall only be deemed to have been made when the Leathermen of Switzerland can dispose of the amount due in full.
If payment is not made within the aforementioned period, the customer shall be in default of payment, entitling the Leathermen of Switzerland to charge interest at a rate of 5% from the date in question. During the period of default, the Leathermen of Switzerland shall also be entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the loss of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations under the contract or if the Leathermen of Switzerland become aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In such cases, the Leathermen of Switzerland shall be entitled to withhold any outstanding deliveries or to execute them only against advance payment or collateral.
§10 Dunning and collection fees
If the customer is in default of payment, the Leathermen of Switzerland shall send the customer a reminder by e-mail, in writing or by telephone. The Leathermen of Switzerland reserve the right to charge reminder fees for the reminders issued. In the event of unsuccessful reminders, the Leathermen of Switzerland may assign the claim to a third party company commissioned with 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 Limitation of liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against the Leathermen of Switzerland and against auxiliary persons and substitutes, except in cases of intent or gross negligence. Any liability for consequential damage resulting from the use of the products shall be rejected.
§12 Data protection
§13 Place of Jurisdiction
Zurich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship shall be governed by Swiss law.
§14 Final provisions
The Leathermen of Switzerland reserve the right to amend the general terms and conditions at any time.
Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.