General Terms and Conditions comTeam AG

promoworld.ch - a brand of comTeam AG in Schlieren

 

  1. general

promoworld.ch is a promotional products online shop which is active in the field of conception, promotion and trade of promotional products. The following general terms and conditions are an integral part of every contract. They apply to all orders and deliveries as well as to the provision of related services.

The contractual partner expressly agrees to the individual provisions when placing the order. Deviations and/or general trading conditions of the customer are only valid, if recognized by signature by promoworld.ch.

  1. offers and conclusion of contracts

Offers made by us in writing and/or by e-mail are always subject to confirmation (subject to prior sale) and are valid for a maximum of 30 days, subject to major fluctuations in currency exchange rates, material and transport costs.

Offers made online and information provided by telephone by promoworld.ch are non-binding. All documents and samples submitted with the offer remain the property of promoworld.ch.

With the receipt of the confirmation of order returned by the customer in writing or by e-mail or their simple agreement by e-mail, the contract between the customer and promoworld.ch comes into being. Thus these general trading conditions are accepted by the customer. Additions, changes and/or subsidiary agreements to the contract or the general terms and conditions are only binding if promoworld.ch also confirms them in writing.

  1. prices and terms of payment

The prices quoted on our website or in the catalogue are indicative prices excluding finishing (unless otherwise stated), excluding transport costs from Schlieren and excluding any other ancillary costs and excluding VAT.

Transport and ancillary costs are to be borne by the customer. Additional costs incurred by the customer will be charged to the customer.

promoworld.ch offers payment by invoice, TWINT or credit card (MasterCard, Visa).

In the case of payment in advance, the order will be processed after receipt of payment. In the case of payment by invoice, the customer undertakes to pay the invoice amount net within twenty days of the invoice date. In the case of a delay on the part of the customer, the asserting of further damage remains reserved together with interest on arrears (at least 5%) and reminder fees (CHF 20.-). Promoworld.ch is entitled to carry out outstanding deliveries only against prepayment. For orders in excess of CHF 5,000, promoworld.ch may charge 50% of the value of the order in advance. This amount is due immediately. The remaining amount is then due for payment net within twenty days of delivery.

  1. Excess or short deliveries

Excess or short deliveries of up to 10% of the ordered quantity are customary in the industry and cannot be objected to. We will charge you for the quantity actually delivered.

  1. Minimum order quantities

Depending on the article, minimum order quantities and/or packaging units must be adhered to.

  1. ownership

The property at the products remains up to the complete payment of all demands with comTeam AG - promoworld.ch. Any pledging, transfer of ownership by way of security and/or any other form of defence by the customer is not permitted until all claims have been paid in full.

  1. delivery

The delivery takes place starting from our domicile EKW 8952 Schlieren. Delivery times are agreed upon between promoworld.ch and the customer per order in writing. promoworld.ch is entitled to make partial deliveries. In the event of delay, the customer must grant promoworld.ch a period of grace. If promoworld.ch also cannot deliver within this respite, the customer can withdraw from the contract. Further claims of the contracting partner are expressly excluded.

Excluded from this right of withdrawal are delays in delivery due to unforeseeable, extraordinary circumstances or circumstances for which promoworld.ch is not responsible. For partial performances already effected, the performance of promoworld.ch is deemed to be fulfilled.

If the delivery date cannot be kept due to a behaviour on the part of the customer, the customer has to refund promoworld.ch all damage, which develops for it by the not occurred delivery.

  1. quality and quality control

Deviations in colour and status cannot be excluded, depending on the basic material and/or the finishing process.

Unless otherwise agreed, our quality control is carried out according to the criteria of the AQL inspection. This is part of the internationally recognised inspection standard MIL-STD 105E. This standard defines, among other things, the maximum permissible defects per 100 parts in percent, divided into three categories:

  1. critical defects:critical defects that make the intended use of the article impossible for the customer: Tolerance 0%
  2. major defects:major defects that impair the intended use of the article for the customer: Tolerance 2.5%
  3. minor defects: minor defects which do not or not significantly impair the intended use of the article for the customer: Tolerance 4%

We make every effort during production to ensure that the quality of the entire delivery meets the customer's expectations. When the contract is concluded, major and minor defects are defined, if necessary, and quality control is carried out according to these specifications.

Special dimensions are given for the textiles we offer. These can be different for different types of textiles. Therefore, sampling makes absolute sense and these measurements are usually also binding. For special designs, we can also use our own measurements at the customer's request.

  1. transfer of risk

Benefit and risk are transferred to the customer as soon as the products have been handed over for transport. If the transport costs are taken over by promoworld.ch in individual cases, this has no influence on the passage of the risk.

When preparing a quotation, we provide a neutral, usually unprinted, sample at the customer's request. In the case of special production, even a material sample. We strongly advise each customer to ask for a sample. promoworld.ch refuses to accept any return of goods or refund due to displeasure or similar, which could have been avoided by prior inspection of samples.

10 Warranty/complaints

The customer has to examine the achievements furnished by promoworld.ch within 5 days after supply and to reprimand immediately in writing or by E-Mail, if he wants to derive rights from unsatisfactory fulfilment of contract. If the customer fails to notify promoworld.ch within this period, the products are deemed to be free of defects and the delivery is deemed to have been approved. Hidden defects must be notified immediately after discovery. Claims under warranty for defects in the products become time-barred one year after delivery to the customer, even if the customer discovers the defects at a later date.

Defective goods will be replaced (substitute delivery) or, if possible, repaired (rectification) by promoworld.ch at its own discretion. The customer has no right of withdrawal. Instead of replacement or repair, promoworld.ch may, at its own discretion, grant a price reduction corresponding to the reduction in value.

promoworld.ch does not take over adhesion opposite the customer for damage of third, which results from the defectiveness of the object of the purchase (product adhesion). The customer commits itself promoworld.ch for possible requirements, which are made valid by third party, in its entirety to exempt. The burden of proof for the defectiveness of the object of purchase lies with the customer.

 

  1. VEG and vRG fees

The advanced disposal charge (VEG) is a statutory charge and is levied on the sale of a battery. The term batteries covers all types of batteries, accumulators and hybrid systems. The fee collected ensures and finances everything related to the environmentally sound recycling of used batteries. The use of the fee is under the supervision of the federal government.

promoworld.ch is registered with Inobat AG and transfers the VEG fee there on a 1-to-1 basis. Therefore we are forced to charge the necessary contributions to you.

For all articles with batteries or accumulators (incl. Powerbanks) which are bought at promoworld.ch, everything is done for you with the payment of the VEG.

Fee tariffs: http://www.inobat.ch/media/docs/Infomat_Rechtliches/d_Gebuehrentarif-alle-Batterien_01-01-2016.pdf

The vRG fee is a levy that is charged on batteries, fitness equipment, electrically powered vehicles, toys and illuminants that have not already been settled with the VEG fees.

Official vRG tariff and equipment list for SENS equipment: https://issuu.com/cadolino/docs/vrg_tarif_und_gera__teliste_2017?e=26353132/50096282

  1. liability

Any contractual and non-contractual liability of promoworld.ch towards the customer for direct and indirect damages, including but not limited to any loss of profits, is excluded to the extent permitted by law.

The liability of promoworld.ch for auxiliary persons according to art. 101 para. 2 CO is completely excluded.

  1. Intellectual property

The customer expressly acknowledges that the intellectual property (copyright, design etc.) of all work results/products created by promoworld.ch within the scope of the order (incl. drafts, suggestions, sketches etc.) remains with promoworld.ch. This applies in particular also to all variants not selected by the customer. These remain in the possession and property of promoworld.ch. They may only be used with the written consent of promoworld.ch.

promoworld.ch retains all copyrights and other rights to the website as well as the content, information, images, videos and databases published via the website. Any modification, reproduction, publication, disclosure to third parties and/or other exploitation of the protected property - even in part - without the prior written consent of promoworld.ch is expressly prohibited.

 

  1. Confidentiality and data protection

The customer undertakes to maintain confidentiality with regard to the agreed terms of the contract (in particular prices). The activity for a customer can be used free of charge by promoworld.ch for advertising purposes in its own publications (print and online) or in publications of third parties.

  1. severability clause

If individual regulations of these general trading conditions or further agreements between the customer and promoworld.ch should prove as invalid or not effective, the entire contractual relation does not become invalid, but the regulations concerned are to be replaced meaningfully by legally valid ones.

  1. Applicable law, place of performance and jurisdiction

The place of performance is at the registered office of promoworld.ch in Schlieren/ZH. The contract between the customer and promoworld.ch is governed by Swiss substantive law to the exclusion of the conflict of laws provisions. In the case of deliveries of goods abroad, the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.

The exclusive place of jurisdiction for all disputes arising from this contract and these general terms and conditions is Schlieren/ZH.

Status of these General Terms and Conditions: 01 April 2023