1. Scope of application 

These General Terms and Conditions (“GTC”) apply to the entire business area of Grezlak GmbH (hereinafter referred to as the “Company”).

2. Conclusion of contract

The contract is concluded when the customer accepts the company’s offer for the purchase of products and/or services.

The contract is concluded in any case when the customer makes use of the services offered by the company and/or orders products via the company’s online store or purchases them directly.

3. Prices

Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).

The prices are exclusive of any other applicable taxes.

The prices are exclusive of packaging and shipping costs.

The company reserves the right to change prices at any time. The prices on the company’s website and according to the company’s price list valid at the time the contract is concluded shall apply.

4. Payment

The company offers the customer the following payment options: Credit card, PayPal, Apple Pay, Google Pay, debit card, WeChat pay, AliPay.

If the invoice is not paid within the aforementioned payment period, the customer shall automatically be in default.

From the time of default, the customer shall owe default interest in the amount of 5% (five percent).

The company reserves the right to demand advance payment at any time without giving reasons.

If the company also offers products for purchase, rental or other use via an online platform, it may also request payment electronically as part of the ordering process (credit cards, Paypal or other payment systems).

The invoiced amount may not be offset against any claims the customer may have against the company.

The Company shall be entitled to refuse delivery or provision of services in the event of default in payment.

5. Obligations of the company

5.1 Delivery / delivery dates

Delivery shall be made within 14 working days of receipt of the order. If timely delivery is not possible, the customer will be informed by the company within 5 working days of receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall fulfill its obligations by handing over the ordered products to the agreed forwarding agent. If no forwarding agent is agreed, the Company shall be free to choose a forwarding agent. The agreed delivery costs may not be increased by the choice of carrier.

5.2 Provision of services

Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the registered office of the company.

5.3 Auxiliary persons

The parties have the express right to engage auxiliary persons to perform their contractual duties. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.

6. Obligations of the customer

The customer is obliged to make all arrangements necessary for the provision of the service by the company without delay. The Customer shall make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and the delivery of documents to the Company.

7. Non-solicitation and employment ban

Without the express written consent of the Company, the Customer may not entice away or employ its employees or other auxiliary persons either on its own account or on the account of a third party. Even after termination of the contractual relationship, the customer is prohibited from directly or indirectly employing employees or other auxiliary persons of the company in any way. This prohibition shall apply until one year after termination of the contractual relationship and shall be limited to the area of activity of the employee or auxiliary person in question.

8. Cancellation of appointments

In the case of agreed appointments for the provision of the contractual service, cancellation up to 24 (twenty-four) hours before the appointment is free of charge.

9. Exchange

The customer is entitled to exchange products within 14 (fourteen) days of receipt. However, the products must be in their original packaging and unused. The customer must bear the costs of return and exchange.

10. Revocation

The customer has the right to withdraw from the contract within 14 (fourteen) days of sending the order in writing (letter, e-mail, fax, etc.) or implicitly by returning the products. Timely dispatch of the revocation or the product is sufficient to comply with the revocation period. In the event of revocation, the customer shall bear the costs of the return shipment. In the event of an effective revocation, the services received by both parties must be refunded. The products must be returned in their original packaging. Otherwise, the customer shall fully indemnify the company for any damage caused by opening the packaging or damaging the product.

11. Warranty

The company guarantees that the product is free from defects in material and manufacture.

The company guarantees the above for a maximum period of 24 (twenty-four) months.

Product meets product specifications

The company must be notified immediately of any defects. The company is free to decide whether to repair or replace the defective product. Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period for the repaired element begins anew; the original warranty period continues for the remaining elements of the product.

The company guarantees to perform the agreed services to the quality customary in the industry.

12. Liability

Liability for any indirect damage and consequential damage is excluded in full.

Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is excluded in full.

13. Intellectual property rights

The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner.

Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.

In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless explicitly authorized by the company.

If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

14. Data protection

The company may process and use the data collected in the course of concluding the contract to fulfill its obligations under the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties.

Furthermore, the data protection regulations apply.

15. Changes

These General Terms and Conditions may be amended by the company at any time.

The new version shall enter into force 30 (thirty) days after notification or publication on the website (https://www.grezlak.ch) by the Company.

The version of the GTC in force at the time the contract is concluded shall apply to customers. Unless the customer has agreed to a newer version of the GTC.

16. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC shall take precedence over these GTC.

17. Severability clause

Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.

18. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.

19. Force majeure

If the timely performance by the Company, its suppliers or third parties involved becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made.

Any further claims, in particular claims for damages as a result of vis major, are excluded.

20. Agents and sales partners

The customer acknowledges that any sales partners or agents work independently and thus independently of the company and that any potential claims must be asserted directly against them. The company is in no way liable for breaches of contract by any agents and sales partners.

21. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant’s domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.