§ 1 Scope and contracting party
1. These General Terms and Conditions (GTC) apply to all contracts concluded between you as the customer and us as the operator of the online shop www.cyclotest.ch (hereinafter the “Seller”). As part of the ordering process, you accept the GTC in the version applicable at the time the order is placed. To be binding, all oral and telephone agreements must be confirmed in writing. The written form requirement is also met if a declaration is contained in an e-mail.
2. The operator of the online shop www.cyclotest.ch (hereinafter the “Online Shop”) and your contracting party is:
Hardmeier Electronics AG
Weststrasse 115
CH 8408 Winterthur
3. The goods we offer in the Online Shop are aimed exclusively at non-commercial purchasers who are habitually resident and have a delivery address in Switzerland or Liechtenstein (hereinafter “Customers”).
§ 2 Conclusion of contract
1. Our presentation of goods in the Online Shop does not constitute a binding offer to sell. The offer to conclude a purchase contract is made by you as the customer by clicking the “Buy Now” button once you have filled in the order page completely.
You remain bound by your order for 1 week. A binding contract is concluded if we accept your order within this period in accordance with para. 3.
2. After sending your order, you will receive an automated e-mail confirming that your order has reached us (order confirmation). The order confirmation serves solely to inform you that we have received your order.
3. A contract is only validly concluded once we declare our acceptance of it. We declare our acceptance by issuing you with an invoice, by confirming by e-mail that the goods are leaving our warehouse (dispatch confirmation) or, at the latest, by delivering the goods.
4. The contract is concluded only for those items that are expressly listed in our invoice, order confirmation or dispatch confirmation. This also conclusively determines the scope of services.
5. In all cases, your right of withdrawal (see § 6) remains unaffected by the provisions set out above.
6. The contract is concluded in German. The data stored by us serves as evidence of the conclusion of the contract and of the transaction.
7. You also have the option of printing out your order and the data you have entered during the ordering process. If you have a customer account, you can also view your order data in your customer area by entering your personal login details.
§ 3 Prices and shipping costs
1. The prices stated in our Online Shop include statutory VAT and are quoted in Swiss francs (CHF).
2. All prices stated are exclusive of shipping costs.
§ 4 Payment and retention of title
1. The purchase price is paid, at your choice, by advance payment, invoice, Postcard or credit card (VISA or Mastercard), insofar as this is provided for and available on the website.
2. If you select advance payment as the payment method, we will give you our bank details in the order confirmation. We ask you to transfer the invoice amount to this account within 14 days.
3. In the case of purchase on account, the total invoice amount must be transferred to our account within 15 days of receipt of the goods.
4. Until the respective invoice amount for a delivery has been paid in full (final and unconditional crediting of the total purchase price), we retain title to the delivered goods in every case.
5. We are under no obligation to deliver until payment has been made in full. If payment in full is not made within a maximum of 30 days of acceptance of the contract, we reserve the right to withdraw from the contract.
6. As a customer, you are not entitled to pledge the goods subject to retention of title or to transfer them as security before title has passed. You may resell the goods subject to retention of title only in the course of ordinary business. In the event of a resale, you hereby assign to us in full all claims arising from it against your purchaser, as security for our claim. You will notify us immediately of any access by third parties to the goods subject to retention of title or to the claims assigned to us, and you will inform third parties of our rights.
§ 5 Delivery and transfer of risk
1. We deliver exclusively to delivery addresses in Switzerland and Liechtenstein.
2. The shipping costs are governed by § 3.
3. The goods are dispatched from our warehouse in Winterthur. That is also the place of performance.
4. If not all of the ordered products are in stock, we are entitled to make partial deliveries.
5. Our performance is an obligation to dispatch and is fulfilled upon handover to the carrier.
6. The delivery times stated in the Online Shop or in our order confirmation in accordance with § 2 para. 2 are calculated from the time of our order confirmation, but in the case of payment by advance transfer not before the invoice amount has been credited to our account.
§ 6 Duty to inspect and notify defects, liability for defects
1. You are obliged to inspect the delivered products as soon as is feasible in the ordinary course of business and to notify any defects identified to our customer service without delay at cyclotest@hardmeier-electronics.ch. If you fail to do so, the products are deemed to be approved. Approval is deemed to have taken place in any event if the customer has not submitted a written notice of defects within 14 days of delivery.
2. Defects that were not identifiable during a proper inspection in accordance with the preceding paragraph must be notified to our customer service immediately after they are discovered, in a message to cyclotest@hardmeier-electronics.ch; otherwise the ordered products are deemed to be approved in respect of these defects as well.
3. We provide our warranty by remedying defects. At our discretion, this takes the form of subsequent performance, namely either the removal of a defect (repair) or the delivery of an item free of defects (replacement delivery). Replaced products become the property of the Seller.
4. If subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer has no right to a reduction in price. This exclusion of liability also extends to all claims that compete with warranty rights, whether based on contract (Art. 97 et seq. of the Swiss Code of Obligations, CO), tort (Art. 41 et seq. CO), rescission of the contract on the grounds of error (Art. 23 et seq. CO), etc.
5. The customer does not receive any guarantees in the legal sense from Hardmeier Electronics AG. Manufacturer guarantees naturally remain unaffected by this. Advertising, public statements and promotional claims by the manufacturer do not constitute a contractually agreed description of the quality of the goods.
6. Shipping and transport to the plant in Winterthur are at the buyer’s expense.
7. As the Seller, we accept no liability for descriptions provided by third parties, in particular by customers, in the context of the customer reviews published in the Online Shop or on our social media channels.
§ 7 Liability
1. All cases of breach of contract and their legal consequences, as well as all claims by the customer, irrespective of the legal grounds on which they are made, are conclusively governed by these GTC. Under no circumstances does the customer have any claim to compensation for damage that has not occurred to the product itself. Any liability claim exceeding the value of the order is excluded.
2. The exclusion of liability under para. 1 above does not apply in cases of unlawful intent (wilful misconduct) or gross negligence.
3. The ordered products may be used only for the agreed purpose. For other applications, written consent must be obtained in advance.
§ 8 Data protection
1. The handling of customers’ personal data by the Seller is governed by the privacy policy. This forms an integral part of these GTC. The privacy policy is available here. We store our customers’ data in order to process orders and, where necessary, pass it on to third parties for this purpose. The customer may object to the use of their data for advertising purposes at any time.
§ 9 Severability clause, reservation of the right to make changes
1. Should individual provisions of these GTC be invalid or incomplete, or should performance become impossible, this does not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible, valid provision that comes closest in content to the original intention and to the economic purpose pursued by it.
2. All amendments or additions to these GTC require a form that allows proof by text, such as, in particular, fax and e-mail. This also applies to any amendment of the written form requirement. As soon as the customer makes use of the Seller’s services after the amendment, they accept the new GTC by implication. The binding version of the GTC applicable in each case can be viewed and printed out at https://www.cyclotest.ch/agb.
3. Contractual terms of the customer that deviate from these GTC, in particular those that the customer declares to be applicable when accepting the contract, do not become part of the contract. They are valid only if and to the extent that they have been expressly accepted by the Seller in writing.
§ 10 Applicable law
1. The contractual relationship, including this provision, is subject to Swiss law. The exclusive place of jurisdiction is the registered office of Hardmeier Electronics AG in Winterthur. When an updated version of these provisions is published, older versions cease to be valid.
Last updated: 19.12.2023