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General Terms and Conditions of Business

General terms and conditions with customer information

1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. methods of payment
7. reservation of ownership
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions

1. scope of application
1.1 The business relationship between ABM Solutions GmbH, Managing Director: Lydia Leuthner, Otelfingerstrasse 44, CH - 5430 Wettingen (hereinafter referred to as "Seller") and the client (hereinafter referred to as "Client") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 You can contact our customer service for questions, complaints and objections on weekdays from 7:30 a.m. to 5:00 p.m. by telephone on +41 56 209 02 34 and by e-mail at info@abmsolutions.ch.

1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).

1.4 Deviating conditions of the customer are not recognised unless the seller expressly agrees to their validity.

2. offers and service descriptions
The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise stated with the products. Errors excepted.

3. order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button in the shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The Customer can then proceed to the checkout within the shopping cart by clicking on the Continue button to complete the order process.

3.2 By clicking on the button "order payable" the customer submits a binding request to purchase the goods in the shopping basket. Before sending the order, the Customer can change and view the data at any time and return to the shopping basket using the browser function "back" or cancel the order process altogether. Necessary details are marked with an asterisk (*).

3.3 The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out by using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the order. The sales contract is only concluded if the Seller has sent the ordered product to the Customer within 2 days, handed it over or confirmed the dispatch to the Customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.

3.4 If the seller allows advance payment, the contract is concluded with the provision of the bank data and payment request. If the payment is not received by the Seller within 10 calendar days of sending the order confirmation despite the due date, even after a new request, the Seller shall withdraw from the contract with the consequence that the order is no longer valid and the Seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.

4. prices and shipping costs
4.1 All prices quoted on the Seller's website are inclusive of the applicable statutory value added tax.

4.2 In addition to the prices quoted, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.

5. delivery, availability of goods
5.1 Insofar as advance payment has been agreed, delivery shall take place after receipt of the invoice amount.

5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller shall immediately reimburse the Customer for any payments already made.

5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. methods of payment
6.1 The customer can choose from the available payment methods within the framework of and before completion of the order process. Customers will be informed about the available means of payment on a separate information page.

6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.

6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.

6.4 If the due date of payment is determined by the calendar, the customer shall be in default already by missing the date. In this case, the customer shall pay the statutory default interest.

6.5 The Customer's obligation to pay interest on arrears does not preclude the Seller from claiming further damages caused by default.

6.6 The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by the seller. The Customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. reservation of ownership
The delivered goods remain the property of the seller until full payment has been made.

8. warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.

8.2 The goods delivered by the seller are only guaranteed if this has been expressly stated. Customers will be informed of the guarantee conditions before the order process is initiated.

9. liability
9.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.

9.2 The Seller shall have unlimited liability if the cause of damage is based on intent or gross negligence.

9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.

9.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. storage of the contract text
10.1 The Customer can print the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.

10.2 The Seller will also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but no later than upon delivery of the goods, the Customer shall also receive a copy of the General Terms and Conditions of Business together with the revocation instruction and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

11. final provisions
11.1 The place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, legal entity under public law or special fund under public law.

11.2 The contractual language was translated from its German version.

11.3 European Commission's Online Dispute Resolution (OS) Platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.

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