General Conditions of Sale and Delivery (GCS)
Scope of application
These General Conditions of Sale and Delivery (GCS) apply to the sale and delivery of the products offered on the website www.bantiger-uhr.com to customers. The GCS apply at all times, subject to any written provisions to the contrary. Customers are deemed to be aware of their contents. Customers declare by ordering a product that they accept the following General Conditions of Sale and Delivery in their totality.
Bärner Zytfabrik GmbH (Unterdorfstrasse 5, 3072 Ostermundigen, info@bantiger-uhr.com) operates this website.
Exercise of civil rights
By placing an order, the customer confirms that he/she is at least 18 years old and has the capacity to conclude a contract.
Ordering process
The customer places an order via an order form on www.bantiger-uhr.com. Bärner Zytfabrik GmbH then sends an offer by e-mail in accordance with the order form. These General Conditions of Sale and Delivery and as well as the bank details of Bärner Zytfabrik GmbH are attached to the offer. The offer is considered accepted by transferring the requested amount to the account of Bärner Zytfabrik GmbH within the payment deadline. After receipt of the payment, the product will be manufactured according to the wishes of the customer.
Delivery times
The delivery periods are given as guidelines. They will be extended if unforeseen difficulties arise and in situations where they are prevented by force majeure.
Prices
The prices shown on the website are in CHF (Swiss francs) including VAT, but excluding any shipping and insurance costs. Due to market conditions, we reserve the right to adjust prices at any time if major fluctuations in raw material prices, transport costs or currency fluctuations occur between the time the order is placed and the time of delivery. The price at the time of the order shall apply.
Delivery / transfer of benefit and risk
In general, Bärner Zytfabrik GmbH is guided by the International Commercial Terms Incoterms® 2021 of the International Chamber of Commerce (ICC).
In the absence of any negotiations to the contrary, the products shall be delivered ex works. The client shall bear the risk for the goods from the time they are made available ex works or from the time they are handed over to the first carrier. It is the responsibility of the client to inspect the goods and report any defects or shortages within seven (7) days of receipt of the goods. Any notice of defects must be accompanied by the allegedly defective goods. After expiry of the period for giving notice of defects, the goods shall be deemed to be accepted and in conformity.
Terms of payment
We ask you to pay in advance. Payment is to be made at the time of ordering. These terms of payment apply at all times, unless otherwise agreed.
Payments shall be made in Swiss francs, at the customer’s expense and without deduction to the registered office of Bärner Zytfabrik GmbH in CH-3072 Ostermundigen.
Warranty
We grant a guarantee of thirty-six (36) months on watches from Bantiger Uhr for which the original purchase receipt or delivery note can be presented. This guarantee does not cover normal wear and tear or damage caused by accidents, lack of care or negligence. This guarantee becomes invalid if work is carried out on the clock by persons who have not been authorised to do so by Bärner Zytfabrik GmbH.
Should defects occur during the warranty period that were not discovered during the careful inspection prior to shipment, the client must inform Bärner Zytfabrik GmbH immediately by writing. In the event of a justified complaint, the client must give us the opportunity to remedy the defects.
The product must be returned to the following address:
Bärner Zytfabrik GmbH
Unterdorfstrasse 5
3072 Ostermundigen
Schweiz
Limitation of liability
Bärner Zytfabrik GmbH shall be liable for all claims for damages only in the event of intent or gross negligence. This limitation of liability applies to contractual as well as non-contractual or quasi-contractual claims. Claims arising from product liability remain reserved.
Applicable law / jurisdiction
This contract is governed by Swiss law, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the event of a litigation or debt collection, the parties accept the exclusive jurisdiction of the courts of Ostermundigen, but Bärner Zytfabrik GmbH has the right to bring an action in the courts of the client’s domicile.
Further provisions
The contract between the client and Bärner Zytfabrik GmbH and any rights or obligations arising therefrom may only be assigned or transferred to a third party with the prior written consent of the other party.
If any provision of these General Conditions of Sale and Delivery is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby.
By using the website, the client agrees that communication with Bärner Zytfabrik GmbH – as far as legally permissible – will take place electronically. Bärner Zytfabrik GmbH will contact the customer by e-mail or post to the e-mail or post address provided by the customer.
Bärner Zytfabrik GmbH, 31. March 2022