AGB ALGENERAL TERMS AND CONDITIONS OF JOWEAR SOFT GOODS PROVIDER, HAUENSTEIN (SWITZERLAND), HEREAFTER REFERRED TO AS JOWEAR

Offers

Our offers are temporally limited, according either to existing law or as mentioned in the offer itself. Our offers are confidential and insight must only be allowed to people dealing with our offer. The written confirmation of an offer or a pattern/example leads to the closure of the deal.

Prices and contracts

All prices in price lists and brochures are non-binding. The value added tax is not included in the prices. The mentioned prices are understood for using the following means of payment: cash, prepayment through bank or Post transaction, cash on delivery, payment order through Internet- and Post-Banking or Yellow Net). Prices include shipment/transportation, packaging and transport insurance. Customs duty and taxes are 100% at the expense of the customer. If the customer requires an express delivery with an according transportation company (e.g. DHL, FedEx, UPS, etc.) the cost of the express delivery is at the expense of the customer. The acceptance and the completion of contracts can be subordinated to the securing of creditworthiness or a prepayment. In case of a price mark-up, a supplementary fiscal burden, a tariff increase or heave currency fluctuations during the order processing, we reserve the right to according adjustments of prices. In case of cancellation of an order, the operating expenses will be invoiced to the customer.

Terms of delivery and damages due to transportation

Delivery date according to agreement, normally 3 – 4 weeks after reception of the prepayment. We are anxious to comply with our mentioned and carefully calculated delivery dates. However, should disturbances, which are not in our responsibility, occur within our operations or the operations of our manufacturing partners, in particular strikes or lockouts as well as the case of force majeure, which in return are subject to an unforeseeable event and through no fault of one’s own, there will be an appropriate extension of the delivery date. The potential delay of delivery does not qualify for cancellation of the order nor does it entitle the customer to any claims for damages. The delivery is regarded as executed, when the goods leave our house, or in case of direct delivery through our co-contractors their house.  Threats regarding shipment and transportation (e.g. damage, loss) are not at our expenses – the transportation insurance is arranged through and paid by JOWEAR. Packaging is carried out with greatest diligence. Elaborate special packaging will be charged to the customer. In case of a transportation damage or loss the recipient must make an immediate caveat with the transportation company and further notify JOWEAR in writing of the damage. This also applies, when the packaging of the goods does not carry any damages outwardly. Goods must always be carefully checked before unwrapped. Any transportation damages must be reported immediately, if possible first directly to the driver and then to the transportation company. The recipient fully contributes to the preservation of evidence. In case of legitimate complaint we provide, according to our choice, either a flawless replacement of goods or the refund of the purchasing price against the return of the goods.

Reshipment of goods, exchange

Reshipments can only be effected after a written agreement with us. The goods must be in flawless, complete state and in the original packaging. Goods, which are specially ordered/manufactured to meet the customer’s needs, are not exchangeable. We can deduct an appropriate fraction of the cost for our expenses.

Pattern/example of goods

Delivery of an example will be charged to the customer. If an/no example was ordered, no money will be returned in case of concerns regarding size, colour or material. Money can only be reclaimed, if the delivered goods are not consistent with the example (size, colour, material). In this case, the customer is obliged to send the goods back at his own expenses to the address requested by JOWEAR.

Terms of payment and retention of title

100% prepayment, in exceptional cases and by arrangement 50%, (with 50% prepayment and payment of balance strictly net 10 days after delivery). We reserve the right to demand an different form of payment. The withholding of payments and the offsetting of our claims with counterclaims that are not recognised by JOWEAR are not admissible. We reserve our right to the retention of title on any sold goods until the complete payment of the purchasing price.

Warranty, liability

JOWEAR shall remedy any occurring defects, whose existence can be traced verifiably to faulty material or faulty workmanship. If requested to do so by the buyer, and as the buyer’s sole and exclusive remedy, JOWEAR agrees to, at its sole option, either rework or replace the faulty parts of the delivery, or supply the buyer with non-defective goods or part thereof.

The buyer can demand for rescission of the contract or lowering of prices, if rework or replacement fail. The warranty does not extend to such damages that are caused through wear and tear, humidity, colour differences and natural cracks or stains, strong heating of rooms, other temperature and atmospheric influences or inappropriate handling. Warranty claims due to obvious defects terminate if the customer does not reprimand them within 10 days of the delivery. Guarantee claims can only be lodged at the seller’s place when producing the according invoice. In case of a dispute, the parties shall make their best endeavours to solve such dispute amicably and in mutual consent.

Default of acceptance

If the buyer, after expiration of an appropriate respite fixed in writing and under threat to withdraw from the contract or to claim for damages due to non-fulfilment after the period has lapsed without success, maintains silence or explicitly rejects the payment and/or the acceptance, JOWEAR can withdraw from the contract and/or claim for damages due to non-fulfilment. If the default of the buyer is longer than a month’s time, the buyer has to cover incidental storage costs. JOWEAR can also assign a transportation company to the conduct the storage. If the ordered good is not collected or received in time, incidental expenses must be entirely covered by the buyer. 

Applicable laws and jurisdiction

The contract is construed and shall be interpreted exclusively in accordance with the laws of Switzerland. Court of jurisdiction is Olten.