Terms and Conditions
1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between AGFAR AG and the customer for purchased through our online store (www.pneumatic-systems.com).
The Online Shop is operated by:
AGFAR AG
Industriestrasse 5
2552 Orpund
CH-Switzerland
CHE-103.646.630 MwSt.
Telefon +41 32 343 34 50
E-Mail: help@pneumatic-systems.com
Individual agreements concluded with the customer shall take precedence over these General Terms and Conditions. Opposing conditions of the customer are not recognized.
AGFAR reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the Website. The relevant time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.
Please read these terms and conditions carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to conclude legally binding contracts and that you are at least 18 years old.
2. Conclusion of a Contract
The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the Online Shop. AGFAR AG expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for AGFAR AG.
The customer can place a binding order for the products selected by him/her via our Online Shop. The customer can put the products he/she selects into the “shopping cart”. This is not yet considered a binding order. An order shall only be deemed to be binding when the customer clicks on the button “place order” on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary, before the binding final submission of the order.
An order confirmation is sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the information of your order and our GTC accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a contract of sale. By sending the order you confirm that you have read the GTC and that you agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer.
After you have placed a binding order, AGFAR AG is free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded when the order is cancelled. Reasons for the rejection of an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is a justified reason to believe that the customer is acting contrary to these GTC, individual contracts, fraudulent or other criminal activities, or for any other important reason.
When the order is accepted, a binding purchase agreement with the customer is concluded. This acceptance takes place by shipping the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products not available
All information about the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.
Our products are available as long as our stock lasts. If AGFAR AG discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the non-available products will not be concluded as the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer by e-mail accordingly.
4. Prices and Shipping Costs
Our products and prices correspond to those indicated on the Website. All prices are provided in CHF (Swiss Francs) and excluding the statutory value added tax (VAT) of 7.7% and freight charges. The total price of your order, including all additional charges and shipping costs, is displayed at the end of the ordering process. For shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and must be paid by the customer.
By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.
AGFAR AG reserves the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.
5. Payment Conditions, Credit Rating
The customer has the possibility to pay by bank transfer. Orders from new customers will only be executed against prepayment. For existing customers, payment will be made against invoice within 30 days. In case of payment by invoice, the customer will receive the invoice by mail or e-mail. Payment must be made within the payment period indicated on the invoice.
6. Delivery Conditions
The delivery is generally made by the delivery service of the Swiss Post AG. For deliveries to the EU the delivery service of Swiss Post GLS is used.
The products which you order in our online store and which are in stock will be delivered to you within 2-4 working days after receipt of full payment in advance (new customers) or upon receipt of the order (existing customers), depending on the destination (Switzerland and Lichtenstein).
If the products are marked as out of stock when you place your order, AGFAR AG will endeavor to deliver the products as soon as possible and to give you a delivery date. AGFAR AG will make every effort to meet the delivery times indicated.
If the prevention of performance lasts more than 2 weeks after the original delivery date, the customer is entitled to cancel his/her order. Further claims, in particular claims for damages, are excluded.
Should the delivery of the product fail through the fault of the customer despite two delivery attempts, AGFAR AG may withdraw from the contract. Any payments made will be refunded immediately.
7. Retention of title
AGFAR AG remains the owner of the delivered products until they have been paid in full.
8. Right of revocation and return
Requirements
For all purchases of our products via our Online Shop (with the exception of certain products; cf. the restrictions about revocation below), you as a consumer have the right of revocation within 14 days of receipt of the products without giving reasons. You may withdraw from the contract within 14 days of receipt of the goods or a third party named by you, who is not a carrier, by returning the goods to us or by informing us in writing (e.g. a letter, e-mail or fax sent by post) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day. You can use the sample revocation form, which is available under the following link (Withdrawal form PDF) which is, however, not mandatory.
The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete, and intact, if possible, in the original packaging. The goods including the completed return slip must be returned to the following address:
AGFAR AG, Gurzelenstrasse 9, 2502 Biel, Tel. +41 32 343 34 50, Email: help@pneumatic-systems.com
Consequences
If you revoke the contract, and if the goods are properly returned, we will refund the total price paid by you, including delivery costs (except for costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than 14 days from the day on which we receive notification of your revocation of this contract or on which we receive the goods. Refunds will be made according to the method of payment originally used and will always be paid to the relevant account used for payment, unless expressly agreed otherwise with you; in no event will you be charged for this refund. Please ensure that you have access to the account specified, as AGFAR AG accepts no liability in this regard.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You will only be liable for any loss of value of the goods if such loss of value is resulting from the handling of the goods other than what is necessary to ascertain their condition, properties, and operation.
Restrictions on withdrawal
The right of revocation does not apply to contracts for the delivery of products that have been individualized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products).
9. Notice of Defects, Warranty
AGFAR AG warrants that the goods correspond to the warranted characteristics and that they have no defects that could impair their value or their suitability for the intended use.
Upon receipt of the products, the customer must check them immediately for correctness, completeness, and possible damage. Any errors or damage must be reported to X Ltd. within 5 working days. Defects that could not be discovered during a proper inspection and only occur later must be reported in writing immediately after their discovery. If you do not inspect the defect or notify us immediately, the goods shall be deemed approved and you shall no longer be entitled to assert any claims against us.
The statutory warranty regulations against manufacturing defects/material or production faults apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the buyer’s own fault (e.g. through incorrect use, incorrect manipulation or improper use).
The customer’s warranty claims are limited to replacement delivery to the exclusion of all other claims, in particular reduction or replacement of indirect and consequential damages. If the subsequent delivery fails, the customer is entitled to withdraw from the contract in case of considerable defects.
For notification of complaints or service questions, please contact us at the following address with the order number, customer number, a description of the fault and other helpful information:
AGFAR AG, Gurzelenstrasse 9, 2502 Biel, Tel. +41 32 343 34 50, Email: help@pneumatic-systems.com
The defective product must be returned to the above-mentioned address of AGFAR AG with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed if the package is lost.
Note on applications:
DO NOT USE THE PRODUCTS WE SELL AS CRITICAL PARTS IN LIFE SUPPORT EQUIPMENT OR SYSTEMS.
The Air Logic products we sell have not been designed, manufactured or tested for the following applications: Life Support Systems, Implantable Medical Devices, Nuclear Applications, Aviation, Security Systems or any other device where a malfunction of the product could have serious consequences for humans (serious injury or death) or the environment. If a buyer nevertheless operates the products in such critical applications, it is at his own risk. The buyer agrees to accept responsibility for any consequences and to indemnify and hold harmless both Air Logic and AGFAR AG from and against any and all liability and damages.
10. Registration for an account
When registering for a customer account you can find information about your completed, open and recently shipped orders and manage and store your address data, any payment data and a possible newsletter. Since your data is saved, you do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat the personal access data confidential and not to make it available to unauthorized third parties. AGFAR AG. guarantees to treat your data confidential and not to pass them on to unauthorized third parties. Further information on data protection can be found in our data protection declaration.
The registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to warn, block or delete or change the content of registered customers who violate these GTC or individual agreements.
AGFAR AG is not obliged to accept the registration or order of a registered customer.
11. Complaints and Claims
We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning of this GTC. We endeavor to investigate your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have any complaints or claims, please help us by describing the exact problem or errors and, if necessary, provide a copy of the order documents or at least indicate the order number, customer number, etc. We will endeavor to reply to you within 5 working days.
12. Liability
AGFAR AG is liable for breach of its own obligations arising from these GTC and the contractual relationships based on them for damages caused and proven through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on a contract, an unauthorized act or for any other reason. Indirect damage includes, for example, loss of profit, financial loss, damage to reputation or loss of data due to temporary impairment or interruption of the availability of the services of AGFAR AG Furthermore, AGFAR AG accepts no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.
The above-mentioned exclusions and limitations of liability shall not apply in the event of culpable injury to life, body or health directly caused by AGFAR AG or in the event of mandatory statutory regulations, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC shall be limited, irrespective of the reason, and to the extent permitted by law, to the price of the goods which the customer has ordered from us.
Matter beyond our control
In the event of a matter beyond our control (so-called force majeure), we do not assume any liability or responsibility for the non-fulfilment or delayed fulfilment of any obligations arising from these GTC and the contractual relationship based on them. An event outside our sphere of influence is considered, for example, in the following cases:
Strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.
Should an event occur outside our sphere of influence which affects the fulfilment of our obligations within the contract, we will inform you about it at the earliest possible time.
13. Data Protection
AGFAR AG collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection notice, which forms an integral part of these GTC.
14. Copy Right
The information and content published on the Website are protected by copyright and are the property of AGFAR AG. or the respective rights holder. Reproduction, processing, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. AGFAR AG and the respective rights holder expressly reserve all rights in this respect.
15. Severability Clause
If one of the provisions of these GTC is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract into account as far as possible. The same applies to possible loopholes in these GTC.
16. Applicable Law and Venue
These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss substantive Law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the customer’s place of residence. For legal persons, the place of jurisdiction is exclusively the domicile of AGFAR AG.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his/her habitual residence which take precedence over these GTC.