General Terms and Conditions

1. Scope of Application

The General Terms and Conditions (hereinafter referred to as «GTC») apply to all legal transactions concluded through the online shop www.saneq.ch. The online shop is operated by saneq GmbH.

saneq GmbH reserves the right to amend these GTC at any time. In each case, the version of these GTC in effect at the time of the order shall apply, and it cannot be unilaterally changed for that order. Conflicting terms or terms deviating from these GTC put forward by the customer are not recognised.

The offer of products and services in the online shop is directed exclusively at customers whose place of residence or registered office is in Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

The offer is valid as long as the product can be found via the search engine in the online shop and/or while stocks last.

2. Information

2.1 Product and Price

Images of products in advertising, brochures, the online shop, etc. serve for illustration purposes and are non-binding.

All sales prices published in the online shop represent final prices that include all taxes (in particular VAT), any advance recycling fees (ARF), packaging costs, delivery costs and all other possible charges, fees, or costs. The only exception to this is possible shipping costs. From a goods value of CHF 100.-, saneq GmbH delivers free of shipping charges; if the total of the shopping cart is less than CHF 100.-, a shipping contribution of CHF 7.90 is charged in addition to the final price. saneq GmbH reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.

Chargeable additional services ordered from saneq GmbH, such as installation, disposal, warranty extensions, insurance, etc., are offered by saneq GmbH. Such additional services are listed separately in the shopping cart and on the invoice.

2.2 Availability and Delivery Time

saneq GmbH attaches great importance to stating availability and delivery times in the online shop in a current and accurate manner. However, delivery delays may occur, in particular due to production or supply bottlenecks. All information regarding availability and delivery time is therefore without guarantee and may change at any time.

2.3 Additional Services: Installation

Installation includes the delivery, unpacking and assembly of the ordered products, including the removal of packaging material.

If the installation service cannot be carried out for a reason attributable to the customer (e.g. due to non-compliance with the installation appointment, incorrect measurement information, etc.), the customer is not entitled to a refund of the installation service paid for.

3. Conclusion of Contract

The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition subsequent, terminating the contract, of an impossibility of delivery or an erroneous price statement.

The purchase contract for products or services is concluded as soon as the customer places their order in the online shop, in the store, by telephone or by email (hereinafter referred to as «purchase contract»).

The receipt of an online order is confirmed to the customer by means of an automatically generated order confirmation from saneq GmbH sent to the email address they have provided. The receipt of the automatically generated order confirmation does not constitute an assurance that the product can actually be delivered. It merely indicates to the customer that the submitted order has been received by the online shop and that the contract with saneq GmbH has thus been concluded, subject to the condition of the possibility of delivery and the correct price statement.

4. Delivery Date

With the order confirmation, the customer is informed of a provisional delivery date, or the customer is contacted and an individual delivery date is agreed.

If saneq GmbH is in default of delivery, the customer (except in the case of special orders) has the right, from the 30th calendar day after the originally announced delivery date, to withdraw from the contract. In this case, saneq GmbH refunds amounts already paid in advance to the customer. There are no further claims against saneq GmbH.

5. Delivery / Collection

For products and services, all delivery and collection options are available to the customer.

The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer bears any additional costs.

If the customer chooses the delivery option «Delivery to the place of use», the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the access points (e.g. stairwell, doors, etc.). If the product cannot be transported to the place of use, the customer bears any additional costs.

If the customer does not accept the ordered products on the agreed or notified delivery date, saneq GmbH may cancel the contract (cancellation) and charge the customer the delivery costs incurred and any loss in value.

If the customer does not collect the products ordered in the store within 14 calendar days of them being ready for collection at the store, saneq GmbH may cancel the contract (cancellation).

6. Duty of Inspection

The customer must immediately inspect delivered or collected products for correctness, completeness and delivery damage.

In the case of freight deliveries, any delivery damage must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries must be reported to saneq GmbH within 5 calendar days from the time of collection or delivery. The customer must not put such a product into operation. They must keep it as received in the original packaging and follow saneq GmbH's instructions for returning it.

7. Warranty

saneq GmbH provides a warranty for 2 years after delivery or collection for the freedom from defects and the functionality of the ordered product, unless expressly agreed otherwise in writing.

If the operating or maintenance instructions are not followed, modifications are made, parts are replaced, or consumables are used that do not correspond to the original specifications, any warranty/guarantee lapses insofar as the defect is attributable to this. This also applies insofar as the defect is attributable to improper use, storage and handling of the devices, or to third-party intervention as well as the opening of devices.

Insignificant deviations from the assured characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/enclosed batteries/enclosed or built-in rechargeable batteries, is excluded.

If a warranty or guarantee case arises, the claim is for rectification, replacement or rescission. The choice regarding the type of defect remedy lies with saneq GmbH. If saneq GmbH decides to rescind the contract, a credit note is issued at the daily price (at most the sales price at the time of the order).

The warranty period is not interrupted by any warranty or guarantee case, but continues to run. The replacement of parts, assemblies or entire devices does not give rise to new warranty periods. Warranty or guarantee claims against saneq GmbH are only available to the direct customer and are not assignable. The statutory warranty is fully excluded.

8. Liability and Exclusion of Liability

8.1 Liability

Liability is governed by the applicable statutory provisions. However, saneq GmbH shall in no case be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delayed delivery, and (v) any acts and omissions of the auxiliary persons of saneq GmbH, whether contractual or non-contractual.

Furthermore, saneq GmbH declines liability in the following cases:

• improper, contract-violating or unlawful storage, adjustment or use of the products;
• use of incompatible replacement or accessory parts (e.g. power supply);
• failure to maintain and/or improper modification or repair of the products by the customer or a third party;
• force majeure, in particular damage from natural forces, moisture, dropping and impact, etc., which is not attributable to saneq GmbH, and official orders.

8.2 Limitations of Liability

saneq GmbH excludes without restriction any liability for losses or damages of any kind — whether direct, indirect or consequential — that may arise from the use of, or access to, the saneq GmbH websites or from links to third-party websites. saneq GmbH does not guarantee that the individual parts of its website function without errors. In addition, saneq GmbH declines any liability for manipulation of the internet user's IT system by unauthorised persons.

Further information can be read in detail in the Disclaimer.

9. Payment

9.1 Payment Options

saneq GmbH asserts all payment claims for products and services directly with the customer.

Payments must be made in Swiss francs.

Cash payment is only possible in the case of store collection.

The payment options offered as means of payment in the online shop under «Payment options» are available to the customer.

For payment by credit card or other instant payment methods, the charge is made upon order.

In the case of prepayment, delivery only takes place after receipt of payment. The products are reserved until the expiry of the payment period of at least 11 calendar days. This also applies to products which are first ordered externally, but processed and dispatched via our warehouse. For products delivered by direct delivery from a dealer or an external distributor to our customer, the external order is only placed after receipt of payment.

In the case of purchase on account, the customer is obliged to settle the invoice amount within 20 calendar days of receipt of the delivery without any (cash discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly.

9.2 Default of Payment

If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts that the customer owes saneq GmbH under any title become immediately due (in the case of prepayment within 8 calendar days of the 1st reminder), and saneq GmbH may demand these immediately and suspend further deliveries of products to the customer.

saneq GmbH charges a handling fee of CHF 5.– for the 2nd reminder and a handling fee of CHF 20.– for the 3rd reminder. In the case of unsuccessful reminders, the invoice amounts may be assigned to a company commissioned with debt collection. In this case, an effective annual interest rate of up to 15% on the amount owed may additionally be charged from the due date. The company commissioned with debt collection will assert the outstanding amounts in its own name and on its own account and may levy additional processing fees.

9.3 Retention of Title

Ordered products remain the property of saneq GmbH until full payment is made to saneq GmbH. saneq GmbH is entitled to make a corresponding entry in the retention of title register. Before the transfer of title, pledging, security transfer, processing or transformation is not permitted without the express consent of saneq GmbH.

10. Change of Order or Cancellation

Orders oblige the customer to accept the products and services. saneq GmbH may accept subsequent changes or cancellations of the customer's orders at its own discretion and charge a handling fee of 20% of the cancelled order value, but at least CHF 60.–, as well as any loss in value of the cancelled products since they were ordered.

If, after an order or the conclusion of the contract in accordance with Section 3, a (partial) impossibility of delivery (condition subsequent) occurs, the customer is informed immediately by email. If the customer has already paid, this amount is refunded to them. If no payment has yet been made, the customer is released from the obligation to pay. Further claims due to delayed delivery or failure of delivery are excluded.

11. Return of Defect-Free Goods

Customers have the right to return the goods within 30 days of their delivery. The right of return is exercised by returning the goods, whereby the goods must be unopened and unused. The products must be properly packaged with all accessories in the original packaging. Damaged products are not taken back or are charged to the customer in full.

Products that saneq GmbH has procured at the customer's request, all software and hygiene articles, food, as well as opened consumables are in any case excluded from return.

The exercise of the right of return leads to the conversion of the purchase contract into a rescission relationship, according to which the services received within the framework of the purchase contract must be returned. After receipt of the goods, a purchase price already paid is credited to the customer's customer account. However, a deduction from the purchase price to be refunded or an invoice for possible damage, excessive wear and tear of the goods, and shipping costs of the goods remains reserved. saneq GmbH may refuse the credit until it has received the goods back or the customer has provided proof that they have returned the goods, whichever is the earlier point in time.

For returns of faulty goods, saneq GmbH requires that the defective part or device be sent or delivered to saneq GmbH for repair with a completed repair form and a copy of the invoice with which the device was delivered.

The customer is in any case responsible for packaging the goods to be returned in a transport-safe manner. Damage/loss of the goods due to improper packaging is charged to the customer. If the customer hands the goods over to a transport company, the customer bears the risk for the safe transport of the goods. The transfer of risk to saneq GmbH only takes place upon the arrival of the goods at saneq GmbH.

12. Further Provisions

12.1 Unassignable Returns

Returns that cannot be assigned to a customer or cannot be returned to the customer are kept by saneq GmbH for six months and then disposed of.

12.2 Uncollected or Undeliverable Warranty Goods

If goods relating to the provision of warranty services in accordance with Section 7 are not collected at the store within six months of the collection request being sent to the customer, or if the goods cannot be returned to them, saneq GmbH is entitled to dispose of the goods, in particular to dispose of them as waste.

12.3 Data Protection

The Privacy Policy applies to the processing of personal data by saneq GmbH.

12.4 Partial Invalidity

Should individual provisions of these GTC be invalid or ineffective, this shall have no effect on the effectiveness of the remaining provisions and these GTC as a whole.

12.5 Place of Jurisdiction and Applicable Law

All legal relationships between saneq GmbH and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable.

The following exclusive places of jurisdiction apply:

For all claims arising from purchase contracts to which saneq GmbH is a contracting party: For actions by consumers, their place of residence or Windisch applies as the place of jurisdiction. In all other cases, Windisch is the exclusive place of jurisdiction.