General Terms and Conditions
Please note that the general terms and conditions of the Supair-Tel AG in english are not legally binding except for the german version. This text has been translated automatically and may contain errors both in content and language. by accepting these terms and conditions you automatically accept the legally binding german version of the terms and conditions.
These terms and conditions of Supair-Tel AG apply to all services and products from Supair-Tel. Any natural or legal person which maintains business relations with Supair-Tel is called customer.
These terms are protected by copyright. The exclusive right of use is the one of the Supair-Tel AG. Any reproduction, distribution or other use is expressly prohibited / only with the express and written consent of Supair-Tel AG authorised. The use of these terms in their original and in modified form for its own commercial purposes is prohibited and will be civilly and criminally prosecuted.
These general terms and conditions apply to all products on our website. Sale and delivery take place only under the terms of Supair-Tel. Opposing or deviating from these terms and conditions by the customer will not be recognised unless Supair-Tel would have approved it expressly and in writing. The current and authoritative version of the terms and conditions are published on our website. Supair-Tel reserves the right to change the terms at any time and without notice.
2. Services of Supair-Tel
Supair-Tel yields its services professionally and carefully in accordance with these terms and conditions as well as the remaining contract conditions. Supair-Tel strives to continually offer its customers the best and latest products.
The products and services published on the internet on our website are to be considered as binding offers. This offer is always under the condition of an impossibility of delivery or a faulty price (by the the manufacturer or by Supair-Tel). The final contract is concluded when the customer using the predetermined form in the internet ordered and when it arrives at Supair-Tel. The arrival of the order at Supair-Tel is indicated by an automatically generated order confirmation to the customer. However, if one of the above indicated conditions comes into effect, the contract is being resolved immediately and without the assistance of the parties. The customer is informed immediately of this event by Supair-Tel. If the delivery is done beforehand, the property automatically goes back to Supair-Tel and the customer is compelled to return it (in repayment of the price paid). If the delivery of the product has not yet been issued, the customer is not obligated to pay the purchase price or to accept the goods.
4. Products Information
Supair-Tel is always striving to inform customers about the products and services offered on the website the best possible. Since Supair-Tel itself produces no products, but sells only original products from leading manufacturers, information about these products sourced from the manufacturers and are compiled well-structured for customers. Therefore, all information on our website are without guarantee or liability, and not to be understood as a promise. In particular, no liability can be taken for accuracy, completeness and correctness of the informations. Products which are labeled in the shop as “demo model” are items with slight optical flaws or maintained products. All prices, unless otherwise noted, are taxes included, advanced recycling fees and copyright dues.
5. Payment terms
The customer is committed to pay through the payment options available on our website. If the customer does not seem to be creditworthy any more to Supair-Tel, Supair-Tel is entitled to undo the orders in whole or in part.The goods delivered remain our property until the payment has been completed in full. The customer entitles Supair-Tel to register its retention of title with the Swiss Registry of Retention of Title.
6. Delay of payment
If conditions of contractual violation such as delay of payment or other, compromising the creditworthiness of the customer, become known to Supair-Tel, Supair-Tel reserves the right to provide all services only by payment in advance or cash on delivery. If the customer does not or only partially meet his payment obligations, all outstanding amounts which are owed are to be paid immediately and the deliveries are suspended. Supair-Tel reserves the right of withdrawal. This contract termination comes into effect automatically and without prior notice after eight days after the unsuccessful event of having sent a payment request including a payment order to the customer. 30 days after the contract conclusion Supair-Tel can charge a delayed interest of 8% pa and a fee of CHF 25.- per reminder. Supair-Tel reserves the right to proceed debt collection procedures.
After receiving the order and sending the respective order confirmation, Supair-Tel is commited to render the service quickest possible. The customer is contractually obliged to accept the service. In case of cancellation due to non-delivery, Supair-Tel refunds the pre-paid amounts made by the customer. Special orders made by the customer can not be canceled after placing the order. All estimated delivery times are subject to change without notice. The automatically generated order confirmation is not mandatory, but merely show the customer that his order has been received by Supair-Tel. All products, which are not available from stock must first be obtained from the manufacturer or supplier. If a product is no longer manufactured by our supplier or may not be delivered, the contract between Supair-Tel and the client is automatically solved. The preservation of the automatically generated order confirmation does not promise that the product can be delivered. It only shows the customer that the order has been received by Supair-Tel and therefore the agreement has been reached, which is subject to the condition of non-delivery. A sales contract is therefore subject to the condition that the storage supply is not depleted or there are no shortages. Any liability of Supair-Tel is excluded for such cases.
Products that the customer ordered will remain the property of Supair-Tel until payment in full . The Customer acknowledges Supair-Tel the right to enter a reservation of ownership in the property title register.
In the case of a cancellation of the customer the cost incurred is 20% of the order or less than CHF 60.00, and the depreciation of the products will be charged for the order. Supair-Tel may also cancel the contract if the buyer fails to take delivery within two weeks. Shipping damage (visible and hidden) or wrong item delivery must be reported within 5 days of receipt of the ordered goods. The device may not be used in this case. Destinations, that can not be approached directly, are transported to the nearest location. A forwarder service is charged to the customer.
Supair-Tel sells exclusively original, brand new products from leading manufacturers of brand quality. Since Supair-Tel does not produce the products itself, it has no influence on the functionality of the product. Therefore Supair-Tel assumes no liability for any warranty for products, unless intentional or grossly negligent action has been taken by Supair-Tel. Supair-Tel however, provides its customers the service to return goods and exercise the warranty rights against the manufacturers of the products or customer service partners. This service is exclusively provided by the domicile Supair-Tel, if not expressly and in writing otherwise agreed. This service may change at any time and without notice.
If a product has to be repaired or exchanged the customer will receive an allowance in the amount of the fair value of the product. Should the manufacturer or service partner repair outside the warranty liability, the customer is liable for the costs incurred. Usually all three options are not free. If Supair-Tel is of the opinion that a manufacturer’s warranty is likely, Supair-Tel can grant an advanced exchange of product, or provide the customer a similar product. This advance exchange, is solely at the discretion of Supair-Tel under the condition that the manufacturer takes over the warranty for the returned product.
9. Exchange, return
The return of products is axiomatically not possible. Only in exceptional cases and after consultation with Supair-Tel a return may be effected. Products which were ordered specifically for the customer are excluded from return or exchange altogether.
10. Return of goods
The return of goods happens at the risk and expense of the customer to the respective address provided by Supair-Tel. The customer is responsible for professional and insured transportation. The goods have to be in perfect condition, unused and in the original packaging. A detailed description of the defect of the product and a copy of the sales receipt need to be attached to the reshipment. Supair-Tel can return or refuse delivery of devices which fulfill the defects liability by the manufacturer but are not purchased at Supair-Tel or not under guarantee at the expenses of the despatcher. Supair-Tel charges an allowance for handling and inspecting if there are no diagnosable defects or if the defect is not under the warranty of the manufacturer. Goods that can not be allocated to a customer are not retained.
Supair-Tel is committed to the customer to accurately render all services according to these terms and other contractual articles of agreement. Damages against Supair-Tel and its vicarious agents, caused by impossibility of service, by breach of contract, by default during the conclusion of the contract, are altogether impossible insofar as no grossly negligent and intentional acting of Supair-Tel exists. The liability for indirect or consequential damages that result from use, error or failure of performance, is excluded.
12. Jurisdiction and applicable law
Jurisdiction for all disputes with Supair-Tel is Bülach. The contract is subject to the Swiss Law (excluding the UN Sales Convention (CISG)).