GTC.

General Terms and Conditions

Version 6.9 / 06.07.2015

1. Subject matter of the contract ARP Schweiz AG will sell goods, as specified in its printed catalogue, online shop or in written offers, to business/private customers (hereinafter “Customer”) under the terms and conditions of delivery and sale(T&Cs) presented below.

2. Conclusion of the contract
The contract between the Customer and ARP Schweiz AG will only be concluded following the placement of an order by the Customer and acceptance of this order by ARP Schweiz AG. The Customer’s order will be placed by telephone, in writing or over the Internet.ARP Schweiz AG will send the Customer an automatically generated order confirmation. The order confirmation does not guarantee that the product is available or that it can be delivered; it merely confirms that ARP Schweiz AG has received the Customer’s order. ARP Schweiz AG will accept the order by (a) sending confirmation of the order (by fax, e-mail or post) or (b) delivering the ordered goods (incl. delivery note) to the Customer.

3. Product offering
All details that the Customer receives in relation to the goods within the context of the order process are non-binding. In particular, these details are subject to changes to the design and technology of the goods to improve their functionality, as well as to errors in descriptions, pictures and prices. All technical information on the individual goods is based on the details from the manufacturers and is binding in this context. ARP Schweiz AG makes every effort to thoroughly update availability information and ensure accuracy. However, accuracy is not guaranteed and information may be subject to change without prior notice.

4. Payment conditions 
All prices are non-binding and constantly updated to reflect the current market prices. All prices are in Swiss francs (CHF), which include value-added tax and SWICO fees (recycling charge), but exclude packaging. A fee of CHF 10 will be applied to online orders under CHF 100. A handling surcharge of CHF 10 is applied to telephone or written orders. Different conditions apply to high-volume orders, projects, express and special deliveries. Payment must be made net within 30 days of the invoice date, unless agreed otherwise. If this payment term is not observed, ARP Schweiz AG will be authorised to demand an administration fee of CHF 20. In the event that an invoice is not paid on time, the Customer will be in default without a reminder being issued. New customers may pay by credit card, advance payment or cash. ARP Schweiz AG also reserves the right to demand payment by credit card or advance payment from existing customers. ARP does not charge credit card transactions. As such transactions are conducted through an international acquirer, fees may be charged by your credit card issuer.

5. Delivery conditions
The ordered products can only be shipped to an address in Switzerland. Provided they are in stock, the products will be dispatched immediately to the address indicated by the Customer. Otherwise, written confirmation of the order will be issued with an indication of the expected delivery date. The goods will be delivered (ex loading ramp) at the Customer’s expense and risk, even in cases where part deliveries are made. In the event that there is visible external damage to the ordered goods, claims will only be settled against presentation of confirmation from the carrier concerned. If an ordered product is no longer available at the time of delivery, ARP Schweiz AG explicitly reserves the right to exchange it for an equivalent product. Delivery may be cancelled altogether if the product is no longer manufactured or delivered, resulting in cancellation of the contract. The delivery dates indicated by ARP Schweiz AG are based on correct and prompt deliveries being made by suppliers and manufacturers and are therefore not guaranteed. ARP Schweiz AG cannot be held liable for any consequential damage resulting from incorrect or delayed deliveries.

6. Retention of title
The delivered goods remain the property of ARP Schweiz AG until payment has been received in full. ARP Schweiz AG will be authorised to make a corresponding entry in the retention of title register. If the Customer is in default with regard to the payment of the purchase price, ARP Schweiz AG will be authorised to withdraw from the contract (by means of a notice of withdrawal) and take back possession of the goods.

7. Right to return goods 
ARP Schweiz AG offers a right to return goods with due consideration for the following conditions: A period of 14 days applies to returns. This takes effect from the moment the buyer receives the goods. The goods must be returned in their original packaging, which must be unopened and in perfect condition (it must not be damaged, written on or glued). To return goods, please contact the Returns Management department. If the decision is taken to accept the returned goods, you will receive a returns authorisation number. Receipt of an authorisation number does not guarantee that the goods will be taken back. The goods must be returned to ARP Schweiz AG within 7 days of the authorisation number being received. The costs of the return delivery will be borne by the buyer. If the above conditions are not met, ARP Schweiz AG may refuse to take the goods back. Any expenses incurred as a result of the buyer’s failure to return the goods in the proper manner may be charged to the buyer. If the buyer has returned the goods properly and in time, he will receive a credit note from ARP Schweiz AG. There is no general right to return items that are not in stock at the time of ordering and have to be ordered from a supplier, even if the above criteria are met. ARP Schweiz AG may refuse to take back these items if it is not possible to return them to the supplier. The right to return goods does not apply to video projectors, headphones and other hygiene products, software licences, OEM/SBV software or items that have been specially procured or produced at the Customer’s request. A broader right to return goods applies to our own brands ARP and Claxan. Subject to an indication of the reasons for the return, we will take back own-brand items in their original packaging, provided that this is intact, even if it has been opened. The delivered items may only be returned in their original packaging and must be complete and in perfect, undamaged condition. This broader right to return goods does not apply to video projectors, consumables, data carriers, memory modules or hard disks. Otherwise, ARP Schweiz AG’s general conditions on taking back goods apply.

8. Warranty for defects and liability 
The manufacturers’ individual warranty conditions apply to all products sold to business customers. For all products sold to private customers, with the exception of software licences intended for personal use or use by the Customer’s family, the warranty period is 24 months from the date of purchase, with any manufacturers’ guarantees also applying. Defective products will be repaired or replaced free of charge during the warranty period. If it is no longer possible to repair or replace a product, it will be exchanged for an equivalent successor product or a credit note will be issued with a maximum value of the purchase price paid. The decision regarding the warranty will be taken in all cases by the manufacturer. ARP Schweiz AG is unable to loan out devices while repairs are being carried out. If products are exchanged directly by ARP Schweiz AG within the warranty period but the warranty claim is subsequently rejected by the manufacturer, ARP Schweiz AG reserves the right to charge on any costs. The warranties exclusively cover material and/or manufacturing defects and therefore do not apply to consumables that are subject to normal wear and tear. ARP Schweiz AG is authorised to draw up chargeable cost estimates for repair orders that do not fall under the warranty conditions. As ARP Schweiz AG is only able to make limited repairs to products within the warranty period, the Customer may be referred directly to the manufacturers’ authorised repair workshops. The warranty will lapse if the Customer has modified or repaired the goods without the written consent of ARP Schweiz AG. Liability for damages is excluded, insofar as this is permitted by the legal provisions. In particular, ARP Schweiz AG will not be liable for damage that can be attributed to improper use or natural wear and tear or for damage that does not affect the delivered item itself (consequential loss due to defect). The Customer is responsible for backing up any data that may be present. Under no circumstances will ARP Schweiz AG be liable for the possible loss of data. Shipping costs will be borne by the sender.

9. Intellectual property
ARP Schweiz AG reserves all rights to all designs, texts and graphics on its website. Copying, or otherwise reproducing, the entire website or parts thereof is only permitted for the purpose of placing an order with ARP Schweiz AG. The name ARP Schweiz AG, all page headings, navigation bars, graphics and icons are registered trade marks or brands of ARP Schweiz AG. All other trade marks, product names or company names/logos that feature on this website are the exclusive property of the relevant rightsholders. ARP Schweiz AG reserves the rights of ownership and copyrights to pictures, drawings, calculations and other documents. The Customer must obtain the explicit written consent of ARP Schweiz AG before passing these on to third parties.

10. Place of jurisdiction and applicable law
These T&Cs and the contracts concluded on the basis thereof will be governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction will be Zug. ARP Schweiz AG nevertheless reserves the right to make the place where the Customer’s registered office is located the place of jurisdiction.

11. Final provisions
When goods specified in ARP Schweiz AG’s printed catalogue and online shop are sold, the version of the T&Cs that is valid at the time the relevant contract is concluded will apply exclusively. These terms and conditions will also apply in particular if they differ from those of the Customer. In cases where software is supplied, the manufacturer’s licence conditions enclosed with and/or included on the data carrier will also apply. By opening the sealed data carrier, the Customer explicitly acknowledges the applicability of these conditions. Should individual provisions of these T&Cs be or become invalid, this will not affect the legal validity of the other provisions. ARP Schweiz AG reserves the right to make changes to these General Terms and Conditions at any time. The current valid version of the T&Cs can be found at www.arp.com.

12. Hotjar
Our website uses Hotjar web analysis services which gather and store data to create pseudonymised user profiles. These profiles enable analysis of user behaviour to improve our online shop and make it more in line with requirements. This requires cookies. Your IP address will not be recorded. You can object to the storage of your anonymously filed data at any time at: https://www.hotjar.com/legal/compliance/opt-out 

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