General Terms and Conditions HeiQ Materials AG
Status: 17.03.2022
1. Scope of application and contracting party
1.1. The General Terms and Conditions (GTC) apply to all legal transactions concluded between you (the customer) and the My HeiQ online store (online store).
1.2. Contractual partner and operator of the online store is (HeiQ):
HeiQ Materials AG
Rütistrasse 12
8952 Schlieren
Switzerland
Phone: +41 56 250 68 50
Mehrwertsteuer-Nummer CHE-112.274.504
1.3. By placing an online order, the customer accepts the terms and conditions valid at the time. These can be viewed at https://www.myheiq.ch/en/pages/agb. Verbal and telephone agreements are only legally effective after written confirmation (letter, e-mail, fax) by HeiQ.
1.4. HeiQ reserves the right to change its terms and conditions at any time.
2. Conclusion of the contract
2.1. The articles and prices in the online store do not represent a legally binding sales offer, but a non-binding online catalog. The offer is valid as long as the product is visible in the online store and in stock.
2.2. By sending the order of the items contained in the shopping cart, the customer submits a binding purchase offer. The customer receives the confirmation of receipt of the order in an automated email.
2.3. The purchase contract is only concluded by the written shipping confirmation of HeiQ, under the condition of availability and correct pricing, respectively the delivery of the goods to the specified shipping address.
2.4. Prerequisite for a valid purchase contract is the complete and truthful provision of the required information in our online order form and the acceptance of our terms and conditions.
3. Prices and additional cost
3.1. The prices in the online store are shown including the legal value added tax in Swiss francs (CHF). HeiQ is free to set the prices and change them at any time.
3.2. The article price published in the online store is authoritative for the order. In case of an erroneously stated price, HeiQ reserves the right to inform the customer prior to shipment in order to agree on a price correction or to cancel the order.
3.3. Shipping and packaging costs will be charged in addition to the purchase price and will be shown in the order process. The customer bears all delivery costs, including, for example, any cash on delivery charges of the selected logistics partner.
4. Provided information and external links
4.1. HeiQ regularly checks the topicality and completeness of the data published in the online store. Nevertheless, due to production or delivery bottlenecks and sales on other distribution channels, there may be delays in shipping. Therefore, all information on availability and delivery time is without guarantee.
4.2. HeiQ assumes no liability for the timeliness and accuracy of information provided by other manufacturers, even if it has been carefully researched.
4.3. HeiQ has no influence on the design and content of linked third-party websites. HeiQ assumes no liability for the links displayed in the online store that lead to third-party websites and their contents.
5. Availability of the articles and delivery conditions
5.1. Items in stock are marked with "available" in the online store. Orders are processed within 2 working days from receipt by HeiQ. There is no shipping on Saturdays and Sundays.
5.2. In case of out-of-stock items or items erroneously marked as "available", the customer will be notified by email or phone and a new estimated delivery date will be agreed upon. HeiQ will make every effort to deliver these goods at short notice without additional shipping costs.
5.3. HeiQ can withdraw from the contract if an article is no longer available or can no longer be procured or produced. The payment already made for this item will be fully refunded to the customer.
5.4. If HeiQ is unable to provide or ship an item within 30 calendar days of receipt of the order (except for special orders, see 5.8), the customer has the right to withdraw from the contract. The customer will be fully refunded the payment already made for this item. Beyond that there are no further claims against HeiQ.
5.5. Additional shipping costs incurred due to an incorrect delivery address or incorrect address data will be borne by the customer.
5.6. National orders will be shipped by Swiss Post, unless otherwise agreed. The provisions, information and delivery times of the Swiss Post apply.
5.7. If the customer does not accept the dispatched goods within the agreed delivery period or the delivery period specified by the supplier, HeiQ may withdraw from the contract. This will result in the order being canceled and the customer will be charged a handling fee of 15% of the invoice amount, but at least CHF 30.
5.8. Special orders are products that are not listed in the online store or have a procurement time of more than 30 calendar days. Delivery times and dates for special orders will be agreed between HeiQ and the customer in writing or verbally.
6. Obligation to check the received goods
The delivered or collected goods must be checked by the customer immediately upon acceptance for completeness, correctness and delivery damage. If there is a defect, this must be reported to HeiQ in writing within 7 calendar days. The goods must be in an undamaged original condition in order to be taken back.
7. Warranty conditions and services
7.1. HeiQ sells its own as well as third party products. HeiQ has no influence on the durability and functionality of third party products and the warranty of other manufacturers. The warranty conditions of the respective manufacturer apply, as far as they are valid in Switzerland.
7.2. Furthermore, the Swiss statutory warranty provisions pursuant to Art. 197 et seq. OR. apply.
7.3. The customer can only assert a warranty claim by presenting the purchase contract including the valid order form. There is no warranty claim for damage caused by improper handling or for defects that are due to external influences. This includes, for example, damage caused by the elements, moisture damage, damage caused by falling or impact or damage caused by modifications.
7.4. HeiQ can provide warranty service by replacing the product as good as new.
8. Liability and exclusion of liability
HeiQ is liable for the warranty services listed under point 7. Any further liability is excluded, in particular liability for damage not caused to the products themselves. This can be indirect and consequential damages, such as loss of profit, unrealized savings or damages due to delay in delivery. Furthermore HeiQ is not liable for damages caused by improper storage.
9. Payment
The purchase price as well as the shipping and packaging costs of the goods, are due in the specified currency and immediately upon sending the order. In the online store, the following payment methods apply: credit cards (Mastercard, Visa, American Express) via the payment platform Stripe and bank transfer via PayPal.
10. Right of return and revocation
The right of withdrawal applies according to our return policy. They are part of the GTC.
11. Data protection
HeiQ collects and stores the personal data required for the conclusion of the contract. The data will be disclosed to third parties only for proper order processing. This applies in particular to delivery (logistics partners such as Post, DHL, etc.) and payment (credit institutions, Paypal, Stripe, etc.). For other purposes, personal data will not be processed without the separate consent of the customer.
The collection and treatment of personal data are governed by the Privacy Policy.
12. Application of law and place of jurisdiction
The relationship between HeiQ and the customer is exclusively subject to Swiss law. The place of jurisdiction is the city of Zurich, Canton of Zurich, Switzerland.
HeiQ Materials AG
Status: 17.03.2022