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Valid from April 1st, 2022

Subject and application of the GTC

These conditions apply to every offer and every contract (including the web shop) between Terrea AG and the customer (hereinafter referred to as customer), to which Terrea AG has declared these conditions to be applicable, insofar as both parties do not expressly deviate from these conditions in writing note. The conditions also apply to all future business relationships, even if these are not expressly agreed again. Any ineffectiveness of individual conditions does not affect the effectiveness of the remaining conditions.

Offers and availability

Our offers are non-binding and only become binding once the order has been confirmed in written form. 

Provided that the items to be delivered are not sold out and are in stock. They only apply to customers with a corresponding purchasing authorization. Despite the utmost care, stock differences due to breakage and/or other damage cannot be completely ruled out. Over- or under-delivery (plus/minus 5%) must be expected. The delivered quantity will be charged. Due to high demand, products can sell out quickly. Terrea AG assumes no liability for non-deliverable products or erroneously incorrect price information. Production-related changes in shape and color and improvements are reserved. We reserve the right to withdraw from an order if it can be assumed that the delivery means a financial risk for us.

Delivery time / delivery date

Delivery times are agreed as approximate dates. If calendar weeks are specified, the last working day of the week applies. Fixed dates only apply after we have expressly confirmed them in written form. Unless otherwise agreed, delivery is ex warehouse. The customer undertakes to collect and pay for the goods at the time stipulated in the contract. If the storage period is exceeded, Terrea AG is entitled to charge a storage fee after prior agreement with the buyer. The same applies if the shipment is postponed on the instructions of the buyer. Terrea AG is entitled, after setting a reasonable deadline and its fruitless expiry, to otherwise dispose of the delivery item and to demand compensation for non-performance. We endeavor to meet the delivery times and/or delivery dates stated. Exceeding the delivery time or the delivery date by up to one week is considered approved. Malfunctions, attacks by third parties on the IT system of Terrea AG and events of force majeure, strikes, interruptions or delays in the supply of raw materials and similar cases both on our part and on the part of our suppliers release us from the delivery obligation. Claims for damages by the buyer due to delays in delivery are also excluded after a delivery deadline set by Terrea AG has expired.

Pricing, payment and conditions

Our prices do not include VAT. Terrea AG is entitled to change the prices and delivery costs at any time and to withdraw from the contract in the event of typographical, printing or calculation errors. Deliveries are always made using a delivery note. Unless otherwise agreed, payment terms are to be paid net 10 days after invoicing. Terrea AG reserves the right to clarify the creditworthiness and, if necessary, to only deliver the goods against cash payment or prepayment. The minimum order value is CHF 250.-. If the minimum order value is not reached, a quantity surcharge of CHF 30 will be invoiced.

Deliveries

It is delivered according to Incoterms 2020 as follows: Switzerland customer warehouse / Europe EXW our warehouse CH-6440 Brunnen. The following shipping costs apply: Orders with a goods value of CHF 1,000 or more are delivered free of charge. For orders with a goods value of less than CHF 1,000.-, flat-rate delivery costs of CHF 95.- apply (regardless of weight and number of pallets)

 If nothing to the contrary is stated on the customer's order, Terrea AG reserves the right to carry out complete or partial deliveries.

Transfer of risk

The buyer's costs and risk depend on the agreed delivery conditions. If no delivery condition has been agreed, goods are delivered for the account and risk of the buyer. Even in the case of carriage paid delivery, the risk passes to the buyer when it has been dispatched or collected.

Retention of title

We reserve to keep ownership of all goods delivered by us until all our outstanding claims from the business relationship, including interest, expenses and costs, have been paid in full. If the buyer resells the goods delivered by us - even after further processing - before he pays for them to us, the buyer assigns in advance his purchase price claims against future customers for his deliveries. He undertakes to carry out all publicity acts required for the effectiveness of the assignment of claims (assignment note on the invoice or note in his books, etc.)

Claims and right of return

The buyer may not refuse to accept deliveries because of minor defects. Complaints must be made in written form within 8 days of the delivery date. In the case of defective goods, Terrea AG has the right to request a picture by e-mail and then to decide whether the goods will be taken back or can be disposed of. In the case of notifications of defects, payments by the buyer may only be withheld to an extent that is in reasonable proportion to the material defects that have occurred. The buyer can only withhold payments if a notice of defects is asserted and there are no doubts about its justification. Returns of the delivery items without prior mutual agreement are excluded. In the case of defective goods, Terrea AG will issue a credit note. A refund in cash will not be made. If the customer placed an order by mistake, Terrea AG can take back the goods, provided they are in their original packaging. The transport costs are at the expense of the customer.

Copyright

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to Terrea AG or the specifically named rights holders. For the reproduction of any elements, the written consent of the respective rights holders must be obtained in advance.

Intellectual property

With the delivery of the products, the customer does not acquire any rights to the intellectual property of Terrea AG, but only a non-exclusive, non-transferable right to use the intellectual property.

Place of jurisdiction

Sole place of jurisdiction for disputes is the headquarters of Terrea AG. This contract including its interpretation is subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).