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Conditions of use

 

For Online-Shop customers Prestini Europe GmbH

 

Prestini Europe GmbH
Luzernerstrasse 91
5630 Muri AG
 
Tel:   +41 56 664 90 55
Mobile: +41 79 200 02 86      
 
Business hours
Monday-Saturday, Visits by arrangement
 
Bank details
Prestini Europe GmbH
UBS Schweiz
SWIFT/BIC: UBSWCHZH80A
 
CHF account
Account number: 231-145125.01G   
IBAN CH25 3000 5231 1451 2501G
 
EURO account
Account number: 231-145125.60K         
IBAN CH97 0023 1231 1451 2560K 
 

1. Validity

1.1. These General Terms and Conditions (hereafter: "GTC") define all business contracts between PRESTINI EUROPE LTD (hereafter: "PRESTINI EUROPE") and its customers.With the placement of an order, the customer accepts without reservation that all provisions of the GTC on the contractual relationship between PRESTINI EUROPE and the customer are legally binding.

1.2. No other contractual Terms and Conditions claimed by the customer may be applied to sales by OBOES.CH. Any claim by the customer to have ordered goods on the basis of any other Terms and Conditions than those declared in this document is to be regarded as null and void. Any Terms and Conditions whatsoever claimed by the customer (particularly in regard to conditions of delivery or contractual stipulations) which are contrary to these GTC shall not be applicable in any form or at any time, regardless of when or in whichever form they are brought to the notice of PRESTINI EUROPE.

1.3. Changes and additions to these GTC must be served in writing exclusively by PRESTINI EUROPE.

1.4. With the placement of an order, the customer expressly accepts the GTC of PRESTINI EUROPE as an integral part of the contract.

1.5. Should any single clause of these GTC prove to be invalid, ineffectual, or unrealizable, so shall the remaining clauses retain their full validity, effectivity, and realisability. In place of any clause proved invalid, ineffectual, or unrealizable, a course of action shall be agreed upon between OBOES.CH and the customer that most closely resembles the intent of the original order, in the economic interest of both parties.

 

2. Conditions of delivery

 

2.1. Delivery costs

Deliveries within Switzerland are affected by post. There is a minimum charge of CHF6,- per delivery. On orders exceeding a value of CHF2500,- there will be no delivery charge levied. Fees for Express delivery or any exceptional transport or service costs will be charged to the customer. 

The foreign deliveries, otherwise at the customer's request (DHL), will always be made through the post office and their value varies by weight and prices set by the Swiss Post Office. 

 

2.2. Entire and partial deliveries

Unless otherwise indicated on the order, PRESTINI EUROPE reserves the right to deliver the goods ordered as one complete delivery or as several partial deliveries. Customers will not be charged for supplementary deliveries.

 

2.3. Delivery times

Statements of delivery times by PRESTINI EUROPE are nonbinding. Generally, if a product is available and no other agreement has been made, articles will be dispatched within 2-3 working days.

 

2.4. Express delivery

Should the customer require express delivery, the fees for express delivery (minimum CHF18,- per package) will be charged to the customer. 

 

2.5. Defects

Upon delivery, the customer must check the contents of each consignment and/or the condition of the agreed service that the delivery is complete and without faults. Any complaints must be made in writing within 5 days of receiving the delivery or service. Otherwise, the customer accepts that the delivery or service was accomplished according to the terms of the contract and that the products delivered and/or services rendered were in perfect condition at the time they were checked on delivery.

 

2.6. Reservation of property rights

The products delivered remain the property of PRESTINI EUROPE until the entire invoiced amount has been credited to the accounts of PRESTINI EUROPE.
 

3. Complaints and returns

 

3.1. Complaints

Complaints may be made in writing in respect of deficient deliveries (incorrect articles, incorrect quantities, damage, etc). Reed cane that has been further processed by the customer or reeds that have been used beyond a brief blowing test cannot be the subject of a complaint.

 

3.2. Limit of complaints period

Any complaints must be received by PRESTINI EUROPE within 5 days of reception of the goods by the customer.

 

3.3. General rules for complaints

Each written complaint must contain the following information:

  • Delivery- or Invoice number
  • Article number
  • Quantity
  • Grounds for complaint

 

3.4. Complaints procedure

If possible, defective parts will be replaced, however, PRESTINI EUROPE reserves the right to correct the protested goods. PRESTINI EUROPE reserves the right to reduce an order at any time. A reduction will generally take the form of a credit voucher for a future order. The customer has no right to a cash reimbursement.

 

3.5. Rules for disputed goods

If PRESTINI EUROPE elects to replace the disputed goods, the customer must return them at his/her own cost to PRESTINI EUROPE, PRESTINI EUROPE is entitled to demand that the disputed goods are returned before deciding on the subsequent course of action.

 

Should the goods be returned to PRESTINI EUROPE, the delivery must contain the following information:     

  • Delivery- or Invoice number
  • Article number
  • Quantity
  • Grounds for complaint
  • Confirmation, that the returned goods have been appropriately and properly stored
  • Date and signature

 

 4. Order and price system

 

4.1. Orders

Orders may be made by telephone, in writing (letter, fax, or email), or via the Internet.

 

4.2. Prices

Invoices will be made according to the prices valid at the time of the order. The latest price information may be requested from PRESTINI EUROPE at any time. Publicized prices (internet, brochures, etc.) may only be regarded as guidelines and do not represent binding price quotes.

All quoted prices are before tax: orders within Switzerland are subject to the imposition of value-added tax (Mehrwertsteuer)

Goods ordered for delivery to other countries may be subject to the imposition of local taxes and import duties.

 

5. Payment

 

5.1. Methods of payment

Payment can be made via PostFinance (Card & E-Finance), invoice, TWINT, credit card (Mastercard, VISA, Maestro), American Express, Union Pay, or WeChat Pay. 

 

5.4. Recalculation

PRESTINI EUROPE is entitled without a further agreement to recalculate assets or counterclaims of the customer vs PRESTINI EUROPE against claims by PRESTINI EUROPE vs the customer.

 

5.5. Objection to invoicing

Unless the customer raises a written and justified objection to the invoice before the expiry of the period of payment, the invoice is to be regarded as accepted. Should the objection apply only to a part of the invoice, PRESTINI EUROPE is entitled to demand the timely payment of the nondisputed part of the invoice. Should payment then be delayed, PRESTINI EUROPE is entitled to take the appropriate steps.

 

5.6. Advance payment

PRESTINI EUROPE is entitled in particular cases to make a delivery contingent upon advance payment by transfer to the bank account. 

 

6. Liability and transfer of risk

 

6.1. Liability

PRESTINI EUROPE is liable for deficiencies exclusively according to Paragraph 3 of these GTC. No further claims to liability or other guarantees are admissible. PRESTINI EUROPE is responsible only for direct damage to the interests of the customer that occurs willfully or negligently. No further responsibility is admissible. Liability for indirect or consequent damage or for loss of income is excluded.

 

6.2. Transfer of risk

When PRESTINI EUROPE delivers any products or services through its own delivery service or via an external transport company, the risk is transferred to the customer at the moment of delivery to the customer. Should the delivery be expedited by post, the risk is transferred to the customer at the moment of the consignment to the post.

 

7.  Data protection and privacy

 

7.1. Data processing

The customer agrees and confirms that PRESTINI EUROPE is entitled to collect, store and process customer data for the purposes of conducting business, the correct carrying out of orders, the pursuit of in-house marketing, and in-house market research.

 

7.2. Transfer of customer data to third parties

PRESTINI EUROPE may transfer customer data to third parties should this be necessary to achieve the purposes listed under paragraph 7.1 Beyond these purposes, PRESTINI EUROPE undertakes to divulge no confidential customer information without the express permission of the customer, except when the disclosure of such information to a third party, public authority or court is mandated by law.

 

8. Changes to the GTC

PRESTINI EUROPE reserves the right to alter these GTC at any time. Every order is subject to the GTC which is current at the moment the order was made. The electronic form of the GTC as published on the PRESTINI EUROPE website represents the only valid version at any one time and can be retrieved from the site at any time. Printouts are for information only, and the user must verify the date of the printout.

 

9. Place of jurisdiction

Business relations between PRESTINI EUROPE and its customers are subject exclusively to Swiss law, as administered by the Swiss courts at the seat of business of PRESTINI EUROPE. PRESTINI EUROPE reserves expressly the right to file legal action at any other responsible court.

 

© 2023 PRESTINI EUROPE GMBH

 

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