Terms and Conditions of Sale and Delivery
1. General
The buyer concludes a legally binding purchase contract with Benke GmbH Espenstrasse 135 CH-9443 Widnau Tel.+41(0)71 372 00 20 Fax. +41(0)71 372 00 23 info@benke.ch accepting the following terms and conditions of business.
2. Compilation of the offer by the buyer
The buyer compiles a shopping basket from the Benke range, which he transmits to the seller by confirming the shopping basket by e-mail. The seller confirms the shopping cart by email and the purchase becomes legally valid.
3. Prices
All prices stated in the offer are inclusive of the legally valid value added tax. They are fixed offer prices and are valid for the period of the offer. The prices become legally binding through the seller’s confirmation by e-mail.
4. Delivery conditions
The delivery of the ordered goods is subject to availability and the possibility of reordering from our suppliers. The buyer receives an individual confirmation by email when placing the order. The customer’s order is only deemed to have been accepted with the confirmation of the shopping basket. Delivery is made on account. The buyer also has the option of paying by credit card, PayPal or SOFORT transfer. Self-collection (free of charge) from our warehouse is also possible – our opening hours are Mon-Fri 07:30 – 12:00 and 13:00 – 17:00. If the complete ordered goods are not available, we produce or order them in consultation with the buyer on request. The goods are payable within 14 days without discount. The complete and correct indication of the delivery address is the responsibility of the purchaser (also changes of address). Delivery may not be possible if the purchaser provides an incorrect delivery address. The costs incurred will be invoiced to the customer.
5. Shipping charges / Service charges
For Switzerland: A-Post CHF 9.- / Express delivery CHF 22.50 (per parcel up to 30 KG). Guaranteed delivery on the following day by 9:00 a.m. including Saturday delivery (surcharges for express deliveries shall be borne by the customer.) / Free postage from CHF 300.00 net order value. The prices are indicative. They can be changed at any time without prior notice.
Service fees are charged for payments with PayPal and credit card (Mastercard, Visa, American Express etc.). These amount to 2.4% of the ordered goods value (postage excluded). The percentage may vary and can be changed at any time without prior notice. Service charges are always the responsibility of the customer.
6. Shipping charges abroad
Goods to other European countries will be shipped on request and the shipping costs will be calculated according to expenditure. The guidelines of the EU apply.
7. Reminder fees
Benke GmbH charges an expense fee of CHF 10.- for the 2nd reminder and CHF 25.- for the 3rd reminder. If the reminders remain unsuccessful, the order will be handed over to a collection agency. In this case, an additional effective annual interest rate of up to 15% on the invoice amount owed from the due date may be charged. The assigned collection agency will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
8. Right of withdrawal
The buyer may revoke the ordered products without giving reasons within eight days after receipt and return the originally packed and unused goods to the delivery address stated in writing. After expiry of the revocation period, the purchase contract is legally binding.
9. Return of goods
The buyer may return the goods purchased from us within 8 days of receipt. The prerequisite for this is that the goods are in their original packaging, undamaged and can be resold. This applies in particular to cleaning and care products, which can only be returned with the seal intact. A reason for the return of the goods is not necessary. The purchase price will be refunded to the buyer to an account specified by the buyer. Only the value of the goods will be refunded. If the buyer is responsible for the deterioration, damage or other reduction in value, he/she must reimburse the value. Thus, if the returned goods are defective or no longer saleable, we reserve the right to claim a reduction in value or compensation for damages.
10. Warranty
In the case of justified complaints, the buyer has the right to rectification, exchange or credit note within the framework of the warranty claim. In cases of warranty, please contact us in writing or by telephone:
Benke GmbH
Espenstrasse 135
CH-9443 Widnau
info@benke.ch
071 372 00 20
11. Retention of title
Delivered goods remain our property until full payment has been made and are to be treated accordingly. The right of ownership shall only pass to the buyer upon expiry of the period for revocation or the period for return of goods, provided that the goods have been paid for in full.
12. Refusal of acceptance / Withdrawal of offer / Default of payment
If the buyer refuses to accept the ordered goods without having cancelled the order before leaving our company, we shall charge a handling fee of 10% of the value of the goods, but not less than CHF 20.00. If the buyer fails to pay for the goods, we shall be entitled to cancel the order. If the buyer is in default of payment for the goods, we will charge fees for each reminder. We reserve the right to make further claims for damages and to take legal action. If the buyer partially or completely withdraws from an offer, we are entitled to charge 5% of the value of the goods, but at least CHF 20.00 compensation for expenses.
13. Data protection
The customer agrees to the necessary processing of his data given to us. This data will only be stored by us for the purpose of information, delivery and invoicing. We assure you that we will not pass on your data to third parties.
14. Final clause
Should any of the provisions set forth herein be invalid, such provision shall be replaced or supplemented by a valid provision. The validity of the remaining provisions shall remain unaffected.
15. Applicable law and place of jurisdiction
The deliveries of Benke GmbH shall be governed exclusively by Swiss law. For all disputes arising from or in connection with deliveries of Benke GmbH, both parties acknowledge the exclusive jurisdiction of the ordinary court in – CH-9450 Altstätten SG