TCS, terms and conditions of sales:
1. Field of application
3. End of contract
4. Right to terminate / Return
5. Availability reserve
7. Shipping price and cost
9. Property reserve
11. General limitation of liability
12. Data protection
13. Choice of law, place of execution, for
14. Final arrangements
Authorized to sign
Mr Alex Kaiser
CH 8630 Rüti
Developed on August 1, 2006
1. Field of application, These terms and conditions of sale always apply to all reciprocal rights originating and in connection with the conclusion of a contract between the customer and Necono AG, named Necono and this in the valid version at the time the contract was concluded. They can be consulted at any time on www.neconoag.com.
2. Participants Necono enters into contracts with the following customers:
2. 1. with natural persons with an unlimited contractual capacity of at least 18 years,
2. 2. with legal people, whose home or headquarters is in the EU or Switzerland. If Necono mistakenly accepted an offer from a participant not mentioned here, Necono would have the right to terminate the contract within the appropriate time frame.
3. End of contract
3. 1. Necono’s indications regarding goods and prices are not binding. By clicking the [COMMANDER] button, you make a firm order for the goods in the basket. Confirmation of the order’s entry takes place electronically immediately after the order is sent. The purchase contract is not established by the confirmation of the order but by our confirmation of delivery or the delivery of the goods. If you have not received our confirmation of delivery or delivery of the goods within a 2-week period, you are no longer bound to your order.
3. 2. The customer is obliged to check whether the confirmation presents obvious transcription errors as well as discrepancies between order, confirmation and delivery and to immediately disclose any inaccuracies.
3. 3. Necono delivers the goods ordered by the customer after accepting the offer. Necono reserves the right to entrust the delivery to a distribution partner located near the customer. If Necono or his partner then find sets out that they have made a mistake (for example, for price or product indications), they will immediately inform the customer. The customer can then re-confirm the order with modified conditions. Otherwise, Necono is allowed to make a termination.
4. Right to terminate / Return The same rights of termination and return exist all over the world. 4. 1. The client has the right to terminate the contract in accordance with the legal provisions (within a two-week period). The termination does not necessarily have to contain a reason and must be carried out in writing or by returning the goods within a two-week period to
Authorized to sign
Mr. Alex Kaiser
CH 8630 Rüti
Tel: 0041 55 240 77 92
Service number (for Germany only): 0180 1 240 777 (EUR 0.12/min.)
The deadline begins as soon as possible with the receipt of the goods and with detailed information regarding the termination in the form of text. To meet the deadline, simply return the goods or the request for a takeover in time (shipping stamp). The exercise of the right to terminate within the deadline cancels the contract and the benefits already provided must be returned. The return is at the buyer’s risk and expense. The return costs are only covered by Necono when there was an error in the delivery of the goods or when the goods were defective. The customer is required to return the goods to the shippers indicated by Necono (shipping services of different countries).
4. 2.The right to terminate and return is excluded in the following cases: – You have acted in the course of carrying out your business activity or as a self-employed person (order by contractors). 4. 3.Necono reserves the right to demand a refund of the value if the returned good is damaged or used, and if this deterioration of the merchandise cannot be attributed exclusively to the verification you have carried out, as is customary in the shop. It is the consumer who must take responsibility for the loss of value that results from a use that exceeds mere verification and that the goods can no longer be sold as “new”.
5. Availability reserve If, after the conclusion of the contract, Necono is to find that the goods ordered to it are no longer available or cannot be delivered for other reasons, it may offer goods of the same value in terms of quality and price or cancel the contract. Payments already made to Necono are immediately refunded after the termination of the contract.
6. 1. Deliveries can be made within the EU and Switzerland, in other countries deliveries are possible on request.
6. 2. It is Necono who decides the route and means of shipping.
7. Shipping price and cost Prices are specified in country-specific price lists (VAT). The same is true for transportation costs.
The customer has the choice between paying in advance or with an invoice.
8. 1. Payment in advance The customer gets 2% discount. The merchandise only leaves the warehouse when the amount has been credited to our account. If the amount is not credited to our account within a 10-day period, the customer receives a summons to pay the amount. Non-payment of the goods is not considered a cancellation. Cancellation must always take place in writing (letter, fax or email).
8. 2. Payment by invoice The customer obtains an invoice with the goods of the company Necono AG (shipping service) which must be paid to our account within a period of 10 days after receiving the goods. If this deadline is not met, Necono is allowed to put the customer on notice. A formal notice fee of 10.00 euros is levied. After 30 days, proceedings may be initiated if the goods have not returned to Necono (see right of termination/return). For the goods to be handed over, it takes 2 days within the same country and 5 days abroad.
9. Property reserve The delivered goods remain necono’s property until the full payment of the purchase price, regardless of the termination period. To the extent that Necono exchanges the goods as part of the warranty, it prevails that the ownership of the goods to be exchanged passes from Necono to the customer and vice versa, at the time the customer receives the exchange delivery and Necono receives the goods re-shipped by the customer.
10. Guarantee The warranty period is 24 months after the arrival of the goods at the customer’s home. Where defects are justified, Necono’s responsibility is as follows:
10. 1. Only for business customers: immediately after receiving the delivery, the customer must check whether all the goods have been delivered and if there are any defects. He must immediately report the obvious defects in writing to Necono within an 8-day period. If there are hidden defects, they should be reported within the warranty period as soon as they have been identified.
10. 2. In the case of justified claims, compensation is made through repairs, replacement delivery or a resumption of defective goods with a credit note or credit of the minimum value of the goods. Claims for damages due to defects are excluded. If you default, we advise you to contact Necono by phone or email. You will be immediately advised and served.
10. 3. The buyer must give Necono the time and opportunity to correct the defects and make available the goods that have been the subject of the claim. If he refuses, Necono is cleared of liability for defects.
10. 4. The prerequisite for the right to the guarantee is that the defect was not caused by improper use or overuse. Nor does liability apply to the consequences resulting from improper modifications and commissioning by the purchaser or third parties.
10. 5. Other rights of the purchaser to Necono and its enforcement aids are excluded, in particular a right to replace damages that did not occur on the purpose of the delivery as such. It is strongly advised to read the instructions in full and follow the assembly instructions.
11. General limitation of liability Necono’s responsibility is only in relation to the agreements reached in the previous section. Claims for damages for fault in the conclusion of the contract, non-compliance with ancillary contractual obligations and unlawful act are excluded, unless they are based on premeditation, gross negligence or light negligence. essential contractual obligations. These fees expire six months after the buyer receives the goods.
12. Data protection All contact information sent by the customer is naturally treated confidentially, The data needed for processing is backed up and as part of order management, it is transmitted to the suppliers mandated by Necono, where they are treated confidentially and are not transmitted elsewhere. Solvency checks can be carried out! These companies only have the right to use and back up data in a dedicated way. We take into account your interests that need to be protected. As a customer, you expressly state that you agree with the use of your data. We do not market your data, we only communicate it to third parties to enable them to perform technical, logistical or other services for which we mandate it (e.g. payment management). If you’ve given us people-related data, you can have it deleted at any time under email@example.com. If you have any questions about data security on our website or would like to have your data deleted, corrected or updated, email us at firstname.lastname@example.org.
13. Choice of law, place of execution, for
13. 1. It is Swiss law that applies to the existing legal situation between Necono and the buyer as well as the terms of sale. If the treatment is entrusted to a distribution partner, it is the law of the corresponding country that applies, the for is the place of the distribution partner.
13. 2. The place of execution for payments is the head office of Necono AG and its distribution partners (see invoice form/order indication). For deliveries, the place of execution is either Necono AG or the logistics partner’s shipping location.
13. 3. Only for corporate customers: the exclusive forum is Rüti (Hinwil Region) or another forum of Necono AG’s choice, as long as the customer is a merchant within the meaning of the code of commerce or a public body.
14. Final arrangements If certain clauses of this contract were to be invalid or partially invalid, or later lose their validity, the validity of the other clauses would not be affected.