General terms and conditions
Last updated: October 2023
If there are differences between the German and English versions, only the German version applies.
1. Scope of application
The General Terms and Conditions apply (hereinafter “GTC”) to all orders placed via the online shop www.apidea.ch. APIDEA AG reserves the right to change these terms and conditions at any time. The version of these GTC valid at the time of the order is decisive and cannot be changed unilaterally for this order. Customer conditions that conflict with or deviate from these GTC will not be recognized. The offer is valid as long as the product is visible in the online shop and/or stocks last.
2. Product and price
Images of products in the online shop or flyers are for illustration purposes and are non-binding.
All sales prices published in the online shop are net prices, exclusive of any taxes that may apply, in particular VAT and exclusive of delivery costs. APIDEA AG reserves the right to change prices at any time. The decisive factor for the conclusion of the purchase contract is the price in the online shop at the time of the order.
3. Contract conclusion
The products and prices in the online shop are considered an offer. However, this offer is always subject to the contract being terminated by the impossibility of delivery or incorrect pricing.
The purchase contract is concluded at the time of the final order. For customers from Switzerland, this is when the order is received directly after the online order. For customers outside of Switzerland, APIDEA AG sends an order confirmation with all costs incurred such as shipping and any VAT, which is converted into a definitive order upon confirmation by the customer and is therefore considered the time of conclusion of the contract.
An online order is displayed via an automatically generated email. This email does not contain any promise that the product can actually be delivered. It simply notifies you that the order has arrived at the online shop.
4. Customer obligation to inspect products
The customer must immediately check delivered products for accuracy, completeness and delivery damage. Delivery damage, incorrect or incomplete deliveries must be reported to APIDEA AG within 5 calendar days from the time of delivery.
5. Warranty
APIDEA AG warrant for two years from delivery date that the ordered product will be free from defects and fully functional. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. APIDEA AG shall provide warranty either by
- repairing the product free of charge (original warranty period continues on all products);
- providing a partial or full replacement with an equivalent product (neue Garantiefrist von 2 Jahren ab Ersatz);
- credit at the current price (maximum the sales price at the time of the order);
- giving a price reduction.
The exclusions of liability in accordance with point 6 apply.
6. Liability and exclusion of liability
Liability depends on the applicable legal provisions. However, APIDEA AG is in no case liable for slight negligence, indirect and indirect damages and consequential damages and lost profits, unrealized savings, damages due to late delivery.
Furthermore, APIDEA AG declines liability in the following cases:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which APIDEA AG is not responsible, and official orders.
APIDEA AG unrestrictedly excludes any liability for loss or damage of any kind – be it direct, indirect or consequential damage – which may arise from the use of or access to the APIDEA AG website or from links to third-party websites. APIDEA AG does not guarantee that the individual parts of its website will function error-free. In addition, APIDEA AG declines any liability for manipulation of the Internet user’s computer system by unauthorized persons.
7. Payment and delay of payment
Purchase on account applies. For orders within Switzerland, the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deductions. Cash on delivery deliveries are reserved. Outside Switzerland, advance payment applies.
If the customer does not meet their payment obligations in whole or in part, all outstanding amounts that the customer owes to APIDEA AG will become due immediately (in the case of advance payment within 8 calendar days from the first reminder) and APIDEA AG can demand these immediately and make further deliveries of products hire the customers.
APIDEA AG charges a handling fee of CHF 5 for the 2nd reminder (or EUR 5 abroad) and for the 3rd reminder a handling fee of CHF 20 (or abroad EUR 20). If reminders are unsuccessful, the invoice amounts can be assigned to a company commissioned with debt collection. In this case, an additional effective annual interest rate of up to 15% may be charged on the invoice amount owed from the due date. The company responsible for debt collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.
8. Reservation of ownership
Ordered products remain the property of APIDEA AG until full payment has been made to APIDEA AG. APIDEA AG is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer as security, processing or redesign is not permitted without the express consent of APIDEA AG.
9. Order change or cancellation
Definitive orders oblige the customer to accept the products. APIDEA AG can accept subsequent changes or cancellations of orders from customers at its own discretion and a handling compensation of 30% of the canceled order value, but at least CHF 80.00 (or EUR 80 abroad), as well as any loss in value of the canceled products since then Invoice order.
If a (partial) delivery impossibility (dissolving condition) occurs after an order or the conclusion of a contract in accordance with Section 3, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
10. Data protection
The data protection declaration is an integrated part of these terms and conditions; By accepting these terms and conditions, the customer also agrees to the data protection declaration.
11. Partial invalidity
If individual provisions of these General Terms and Conditions are invalid or ineffective, this will have no influence on the effectiveness of the remaining provisions and these General Terms and Conditions as a whole.
12. Place of jurisdiction and applicable law
All legal relationships between APIDEA AG and the customer are subject to Swiss law. In the event of a dispute, the place of jurisdiction is the registered office of APIDEA AG.