GTC
Please note: Only the German original of these general terms and conditions of resale of Unique Swiss Parts GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these general terms and conditions of resale, you automatically accept the German original.
General Terms and Conditions
1 Scope of application
The General Terms and Conditions (hereinafter referred to as «GTC») apply to all legal transactions concluded via the online store «uniqueclick.ch». The online store is operated by Unique Swiss Parts GmbH (hereinafter referred to as «Unique Swiss Parts GmbH»).
Unique Swiss Parts GmbH reserves the right to change these GTC at any time. The version of these GTC in force at the time of order placement applies and cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC will not be recognized.
2 Information
2.1 Product and price
Images of products in advertising, brochures, online stores, etc. are for illustrative purposes only and are non-binding.
The information about products in the online store is compiled in the most customer-friendly way possible, but it is not binding. The information provided by the manufacturer (e. g. manufacturer’s warranty) is authoritative, provided it is valid in Switzerland.
All sales prices published in the online store are final prices that include all taxes (in particular VAT), fees or costs. The only exception to this are shipping costs if these are charged. Unique Swiss Parts GmbH reserves the right to change prices of products and services at any time. The prices stated in the online store at the time of order placement apply.
2.2 Availability and delivery times
Unique Swiss Parts GmbH attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online store. However, all information on availability and delivery times is subject to change.
3 Conclusion of contract
Products and prices stated in the online store are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from with Unique Swiss Parts GmbH is deemed concluded as soon as the customer places their order in the online store, at one of the branches, by telephone or e-mail (hereinafter referred to as «purchase contract»).
The receipt of an online order is indicated to the customer by means of an automatically generated order confirmation from Unique Swiss Parts GmbH to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online store and a contract was therefore concluded with with Unique Swiss Parts GmbH or the retailer under condition of deliverability and correct price quotation.
4 Delivery date
A provisional delivery date is communicated to the customer with the order confirmation, or the customer will be contacted so that an individual delivery date can be arranged.
If delivery by Unique Swiss Parts GmbH or the retailer is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th from the originally scheduled delivery date. In this instance, Unique Swiss Parts GmbH will refund the customers any payments they have already made. No further claims towards Unique Swiss Parts GmbH or the retailer apply.
5 Delivery
Domestic parcel shipping within Switzerland is the only available delivery method for all products and services of the Unique Swiss Parts GmbH. On-site pickups at our facility must be arranged in advance.
6 Customer obligation to inspect products
The customer must immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer must report any defect, false or incomplete deliveries to Unique Swiss Parts GmbH immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. This also applies to products and services by retailers. The customer is aware that such a report must be made by e-mail or telephone to the contact address.
7 Warranty
7.1 Basic provisions
Unique Swiss Parts GmbH or the retailer warrant for 10 years from delivery date or branch collection that the ordered product will be free from defects and fully functional. Unique Swiss Parts GmbH or the retailer can choose to extend the warranty by
- free repair,
- partial and complete replacement by an equivalent product (The warranty period for replacement with a used product is 1 year.),
- credit note at the current price, maximum the sales price at the time of the order
- or reduction.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event will Unique Swiss Parts GmbH or the retailer be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delivery delay and (v) any acts and omissions on the part of auxiliary persons of Unique Swiss Parts GmbH, whether contractual or non-contractual.
Unique Swiss Parts GmbH is not liable for damage attributable to one of the following causes:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories;
- failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- force majeure, particularly natural hazards, moisture, shock and impact etc., that are not caused by Unique Swiss Parts GmbH or official orders.
The service provider commissioned with the execution will be liable for defects, delays in performance and damage caused by service providers (e. g. on-site installations).
9 Payment
9.1 Payment options
Unique Swiss Parts GmbH will invoice the customer directly for all products and services purchased through its online store.
Payments must be made in Swiss francs.
Payment methods available to customers for the online store are listed under «Payment options».
The current fees can also be viewed under «Payment options» and are given in detail in the ordering process.
When paying by credit card or other instant payment methods, the amount is debited at the time of order.
In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the main warehouse of warehouse of Unique Swiss Parts GmbH are reserved until the expiration of the payment term, which is at least 40 calendar days. In the case of chargeable purchase on account (only permitted for products and goods of Unique Swiss Parts GmbH), the customer must pay the invoice amount within 20 calendar days of receipt of the delivery without any (cash discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly.
9.2 Delay of payment
If the customer fails to meet its payment obligations in full or in part, all outstanding amounts owed to Unique Swiss Parts GmbH under any title will become due immediately (within 8 calendar days from the first reminder for prepayments). Unique Swiss Parts GmbH may request immediate payment and suspend any further product deliveries to the customer.
Unique Swiss Parts GmbH levies an administrative charge of CHF 5 from the second reminder and CHF 20 from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service fees.
9.3 Retention of title
Products ordered remain the property of Unique Swiss Parts GmbH or the retailer until payment is received in full. Unique Swiss Parts GmbH or the retailer are entitled to make an entry in the retention of title register. Without the express consent of Unique Swiss Parts GmbH, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
10 Order change or cancellation
Order placement obligates the customer to accept the products and services. Unique Swiss Parts GmbH or the retailer may, at their own discretion, accept subsequent order changes or cancellations by the customer and and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount will be refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Return of faultless goods
Unique Swiss Parts GmbH grants the right to return the ordered products within a maximum of 14 calendar days of receipt under the conditions listed in the return policy.
The products must be properly packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.
Should customers exercise their right of return in accordance with the above-mentioned return conditions, Unique Swiss Parts GmbH will refund the total purchase price.
12 Repair outside the warranty
All repair costs incurred outside of the warranty pursuant to point 7 must be borne by the customer. Unique Swiss Parts GmbH or the retailer reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all items showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.
13 Further provisions
13.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for six months by Unique Swiss Parts GmbH or the retailer and then disposed of.
13.2 Uncollected or undeliverable warranty goods
If a customer fails to collect goods connected to our warranty service (pursuant to point 7) from the branches within six months after receiving the collection note, Unique Swiss Parts GmbH is entitled to use and, in particular, to dispose of the respective item.
13.3 Data privacy protection
The privacy policy applies to the processing of personal data by Unique Swiss Parts GmbH. By accepting these GTCs, the customer also agrees to the privacy policy.
13.4 Partial validity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.
13.5 Place of jurisdiction and applicable law
All legal relationships between Unique Swiss Parts GmbH or a retailer and the customer are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The following exclusive place of jurisdiction applies:
The place of jurisdiction for all claims arising from purchase contracts in which Unique Swiss Parts GmbH is a contracting party is Zurich.