GENERAL TERMS AND CONDITIONS OF BUSINESS
General terms and conditions of RODOS GmbH
Information about the provider
These internet pages are offered by:
Management: Stephan Leutwyler
4056 Basel, Switzerland
Tel: +41 61 686 90 90 - E-Mail: email@example.com
VAT number: CHE-115.561.319 VAT
Commercial register entry: CH-270.4.002.839.1
The following general terms and conditions are part of the contract between RODOS GmbH, based at Entenweidstrasse 74 in 4056 Basel, Switzerland, (hereinafter RODOS GmbH) and the customer (hereinafter customer) and their legal successors. RODOS GmbH provides services and deliveries exclusively on the basis of these general terms and conditions, insofar as these have been effectively included in the contract.
Contract - contractual services
The presentation of the services in particular in brochures, advertisements and on the Internet does not constitute a binding offer by RODOS GmbH. A contract is only concluded with a written order confirmation from RODOS GmbH or implicitly with the start of the contract execution by RODOS GmbH. Changes and additions are only valid if RODOS GmbH confirms them in writing. RODOS GmbH reserves the right to reject orders in individual cases. Orders can in particular be refused if the order deviates from the requirements specified by RODOS GmbH or the customer is known to be unworthy of credit.
Obligations of the customer
The processing of delivered data and image products of the customer takes place in the context of an automated procedure without manual preliminary examination and correction by RODOS GmbH. By uploading files, the customer confirms that he has the right to distribute and reproduce the contents and materials of this file. The customer guarantees that the content and materials of a sent file do not violate applicable law.
Templates and documents
In particular, the customer guarantees that no illegal violence glorifying, seditious, racist templates, materials and content, propaganda, symbols of unconstitutional parties or their substitute organizations or instructions on criminal offenses - pornographic templates, materials or content that is the subject of the sexual abuse of children or sexual acts with animals and no discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age are sent to RODOS GmbH. That the templates (in particular image and text files), content and materials that are sent to RODOS GmbH do not contain any copyrights, trademarks or other property rights of third parties, the general
Violate personal rights or other rights of third parties.
Delivery, delivery times
The delivery takes place from Basel, Switzerland, unless a deviation has been agreed in writing, which has been confirmed in writing. The delivery time depends on the product and is automatically generated with every order. Partial deliveries are permitted and count as independent deliveries. The resulting additional costs will be billed to the customer. RODOS GmbH always endeavors to meet the specified deadlines. If RODOS GmbH is in default, the buyer can withdraw from the contract in accordance with the following provisions.
Period of grace and delivery disruptions The period of grace to be set by RODOS GmbH is set at two weeks. The period begins with the receipt of the customer's grace period at RODOS GmbH. The above does not apply if the setting of a grace period is unreasonable for the customer. This is particularly the case if there is a so-called firm deal or if the customer is no longer interested in setting a grace period for compelling, legally permissible reasons. In the event of delivery disruptions that are beyond the control of RODOS GmbH (in particular due to force majeure) and were not culpably caused by it, RODOS GmbH is entitled to withdraw from the contract, provided that the obstacle to performance is not only of a temporary nature, without any liability to pay compensation. During the time of the hindrance, RODOS GmbH is not in default. The purchase price already paid will be reimbursed in the event of withdrawal.
Arrears and right of withdrawal
Orders and any services are only fulfilled by RODOS GmbH if there are no arrears in payment from other contracts. Payments are first offset against outstanding claims, interest and costs, in the chronological order of the respective due date. In the event that the buyer makes use of the right of withdrawal granted to him by law, he has to bear the regular costs for the return of the goods, on the one hand, if the goods delivered correspond to the goods ordered and if the price of the goods to be returned is not higher than 60, 00 CHF is. The same applies if the buyer has not yet made the consideration or a contractually agreed partial payment at a price of the goods of over CHF 60.00 at the time of revocation.
The customer can revoke his contract declaration within 14 days without giving reasons in text form (by letter or e-mail) or - if the item is given to him before the deadline expires - by returning the item. The period begins after receipt of this instruction in writing, but not before the conclusion of the contract and not before the goods are received by the recipient. In the case of recurring deliveries of similar goods, not before the first partial delivery has been received. Timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If the customer is unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, the customer must compensate us for the value. This can mean that the customer has to meet the contractual payment obligations for the period up to the revocation. For the deterioration of the item and for benefits drawn, the customer only has to pay compensation if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. The customer has to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of CHF 60 or if the customer has not yet paid the consideration if the goods are sold at a higher price at the time of cancellation or has made a contractually agreed partial payment. Otherwise, the return for the customer is free of charge. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. For the customer, the period begins with the dispatch of the declaration of revocation or the goods, for us with their receipt.
Special notes Unless otherwise specified, the right of withdrawal does not apply to distance sales contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs.
Terms of payment
The purchase price is due immediately upon conclusion of the contract and is debited in advance. The direct debit or the debit of the credit card takes place with the completion of the order.
The customer is entitled to pay by credit card or direct debit.
If the customer does not meet his payment obligations, in particular reverses payments or suspends his payments or if RODOS GmbH becomes aware of other circumstances which call the customer's creditworthiness into question, RODOS GmbH is entitled to make the entire remaining debt due.
For return debits from direct debit or credit card reversals, RODOS GmbH reserves the right to charge an appropriate processing fee to be determined on a case-by-case basis, unless the customer is not responsible for the return debit or credit card reversal.
All shipping costs, especially packaging, transport costs, transport insurance and deliveries are made at the customer's expense. All prices and ancillary costs are calculated according to the price lists used by RODOS GmbH at the time of provision and posting. If RODOS GmbH incurs additional shipping costs due to the specification of an incorrect delivery address or an incorrect addressee, these costs are to be reimbursed by the customer, unless he is not responsible for the incorrect information.
Retention of title
RODOS GmbH retains ownership of the delivered goods until all claims have been met. If the customer defaults on payment of the purchase price, RODOS GmbH has the right to take possession of the items subject to retention of title after a reminder and after the expiry of a reasonable grace period associated therewith. The assertion of the retention of title as well as the removal or seizure of the goods by RODOS GmbH do not count as a withdrawal from the contract, as far as the non-mandatory applicable law in particular the regulations regulating the consumer credit conflict.
Warranty - transfer of risk
Information, images and technical data contained in brochures, websites or price lists are purely for informational purposes. RODOS GmbH does not accept any liability for the correctness of this information. Only the information contained in the order and the order confirmation are decisive. There is no guarantee for the fading or water resistance of printed products, unless a written guarantee is given. RODOS GmbH points out that the printed matter is intended for use in closed rooms. Slight technical deviations (in particular image cropping and color) of the delivered goods are permissible and do not represent a fault, as long as the contractual purpose is not significantly restricted. Complaints, credits and substitute prints in this regard are excluded, unless the deviation is outside the customary scope.
Limitation of Liability
With the exception of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), RODOS GmbH is only liable for damage that can be traced back to willful or grossly negligent behavior. Claims for liability based on the Product Liability Act remain unaffected.
Destruction of the material sent
All templates and documents, in particular all digital storage media that the customer has sent to RODOS GmbH to fulfill the contract, will not be returned by RODOS GmbH, but will be destroyed after the contract has been fulfilled. At the express request of the customer, RODOS GmbH will of course return the submitted documents to the customer. The shipping costs incurred for this are to be borne by the customer.
RODOS GmbH reserves the right to make a backup copy, in particular of the digitally transmitted templates, materials and content of the customer, in order to be able to guarantee immediate improvement in the event of a request for improvement by the customer. The data saved on the backup copy are used by RODOS GmbH exclusively for the purpose of making improvements. After the warranty period has expired, RODOS GmbH will destroy the backup copy immediately.
Copyrights / data protection
RODOS GmbH is not the author of the images offered on its website. Rather, the author is in each case a partner of RODOS GmbH. RODOS GmbH has received unrestricted right to use the images from the respective partner and is authorized to use the respective images for the products offered to the customer and to sell these products to the customer, to grant the customer a right to use them and to transfer the products, so that the delivered products are free from third party rights.
RODOS GmbH uses the data provided by the customer (e.g. title, name, address, email address, telephone number, fax number, bank details, credit card details) in accordance with the provisions of Swiss data protection law. The customer's personal data will only be used to process the contracts concluded between the parties and will not be made available to third parties without the customer's written consent, unless this is required by law or official order. With the complete processing of the contract, which also includes the full payment of the agreed purchase price, the customer's data, which must be kept for legal reasons, is blocked. This data is no longer available for further use. In addition, the personal data will be deleted unless you have expressly consented to further processing and use of the data. In this case, the customer can request, change or delete the stored data from RODOS GmbH. The consent can be withdrawn at any time. You have the right to free information about your stored data and, if necessary, the right to correct, block or delete this data. Our Service Center is available to you for this at the e-mail address firstname.lastname@example.org.
This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to compile reports on website activity for the website operator and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of the data collected about you by Google in the manner described above and for the purpose set out above.
If we make advance payments, we may obtain credit information on the basis of mathematical-statistical procedures to safeguard our legitimate interests. Your concerns will be considered in accordance with the statutory provisions.
Information on warranty and guarantees
Beyond the statutory warranty provisions, no guarantees are given with regard to the goods or services supplied, unless a guarantee is expressly granted in writing. For more details on warranty, see the terms and conditions.
Information on individual provisions of the contract
Terms of Service. Our current general terms and conditions apply.
Features of the goods and services, price information are described directly in connection with the product offered. In some cases you can make a selection.
Technical steps for the conclusion of the contract / error correction
The contract between you and us is concluded in the following way:
1. Log into our webshop with your account or create a new account. The password, name, telephone number and email address can be changed manually at any time via the settings. Permanent changes such as office number, address or deletion of the account must be sent in writing to email@example.com. Other billing and / or delivery addresses can be entered before ordering.
2. Use the shop to configure the desired product which is then saved in the shopping cart after all the required settings have been made. The product can be adjusted later or additional products can be added to the shopping cart. Products selected by mistake can also be deleted there.
3. Click on the basket to place your order. Here you can change the delivery and / or billing address or create different addresses. These are saved and can be selected for future orders. When ordering, you can choose between credit card and invoice (depending on the customer profile). If you have a credit card, you will be redirected to the secure Postfinance.ch homepage after placing your order, where you can select your payment method (PostFinance Card / PostFinance e-finance / VISA or Mastercard). The transaction can be canceled at any time, which will automatically land you back with your order if you have made a mistake. With the invoice you will receive the invoice together with the goods and all payment details. However, new customers can only pay on account. After placing your order, you will receive an email with the order confirmation.
4. At the end of this process you will find a button. If you click on this button, you are submitting a binding declaration to RODOS GmbH regarding the order with regard to the goods in the shopping cart. At the same time, you accept our general terms and conditions by "ticking" them beforehand, which you can see again at this point.
5. The receipt of the order will be confirmed by email immediately after it has been sent. A contract is only concluded with a written order confirmation from RODOS GmbH or with the beginning of the contract execution by RODOS GmbH. Subsidiary agreements, changes and additions are only valid if RODOS GmbH confirms them in writing.
Final provisions Swiss law applies. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
If the customer is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany or has relocated his place of residence abroad after the conclusion of the contract or his place of residence is not known at the time the action is brought, the place of jurisdiction and place of performance is the seat of RODOS GmbH. Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract.
Status of the GTC, April 2021