General Terms and Conditions of Business for Sales – Private Customers

The following Terms and Conditions of Business for Private Customers apply only for the SFS eShop (www.sfs.ch).

1. General

These Terms and Conditions of Sale are mutually valid and binding between SFS Group Schweiz AG, Distribution & Logistics, as the seller, and the buyers. Any other terms and conditions shall apply only when expressly agreed by both sides in writing.

2. Offer and conclusion of contract

The presentation of products in the SFS eShop does not constitute a legally binding offer, rather it is an invitation to customers to place a binding order for said products. By clicking on the Order button, the customer places a binding order for the products listed on the order page. We will confirm receipt of the order by email as soon as it reaches us. The purchase contract is not entered into until we have confirmed the order by email (order confirmation) or, at the latest, when we deliver the goods.

3. Prices and shipping

The prices shown on the product page include statutory VAT, statutory levies (VOC/VRG) and other price components and are in Swiss francs (CHF). Shipping costs may apply in addition to the prices shown, depending on the quantity of goods and the items. . Packaging is charged at cost price and is non-returnable. However, EURO pallets, boxes, and crates are excluded from this rule and will either be exchanged or credited. For exchangeable containers, the EPAL exchange criteria apply. The exact shipping costs will be displayed to the customer during the order process. In the absence of specific instructions, we will select the type of shipping we feel is most appropriate. For express shipments we charge the additional costs of carriage. If deliveries cannot be successfully completed due to the recipient's absence, the costs of any subsequent deliveries shall be borne by the client. The minimum net value of goods per order to cover our costs is CHF 32.31. The shortfall (if any) will likewise be displayed to the customer during the order process.

4. Terms of delivery

We only deliver to addresses within Switzerland.
Deliveries normally take 1–2 business days. If we are unable to meet a delivery deadline for reasons outside our control (e.g. if the product is not available for reasons of force majeure), we will notify the customer without delay and inform them of the likely new delivery time. If this is not acceptable to the customer or the products are partially or wholly unavailable within the new delivery period, both parties are entitled to withdraw from the contract. Any payments that may have been made for the products in question will be refunded to the customer without delay.
Unforeseen events of force majeure such as war, international tensions, insurrection, shortage of raw materials, disruption to operations, epidemics, pandemic, strikes, etc. and any other events independent of our will and that of our suppliers shall release us from the obligation to make full or partial delivery.
Deliveries are made subject to the condition that our suppliers deliver to us properly and on time. We shall not be liable for any delays in delivery caused by manufacturers or third parties. In the event of delays in delivery, the customer will be informed at once.
Where not all products ordered are held in stock, we are entitled to make partial deliveries. The customer will not incur any additional costs as a result of partial deliveries. Where goods cannot be delivered at the fault of the customer despite three attempts, the seller may withdraw from the contract. Any payments that may have been made will be refunded, less shipping costs incurred.

5. Returns

Customers are entitled to return goods within 30 days of delivery. The right to return is exercised by sending the goods back; there is no need to state grounds. The date of delivery and the delivery note number must be given. Exercising the right to return reverses the purchase contract and the consideration received thereunder must be surrendered. The customer shall bear the cost of return.
Once the goods have been returned, the purchase price paid will be refunded without delay. We reserve the right to make deductions from the purchase price to be refunded to cover damage, excess wear and tear and (if agreed) the shipping costs of the goods. We may refuse to make a refund until the goods have been returned to us or the customer has provided evidence that the products have been dispatched, whichever is earlier.
The following goods cannot be returned:

• items from a liquidation sale;
• items showing signs of use, lacking the original packing or which have been used improperly;
• items with accessories missing;
• chemical and chemical-technical items;
• hygiene items (underwear, socks, skincare cream, etc.);
• consumables (disposable gloves, cleaning supplies, oil, etc.).

6. Conditions of payment

Payments must be made by credit card. The customer’s account will be debited immediately upon payment.

7. Retention of title

The goods we deliver remain our property until full payment has been made. No pledging, transfer by way of security, processing or modifications are permitted without consent until title has been transferred.

8. Warranty

The customer must check the products delivered as soon as the normal course of business allows and notify us of any defects identified without delay. Failure to do so shall result in the products being deemed approved. Any defects that were not identifiable in a normal check must be notified to us in writing without delay once discovered (email is sufficient); otherwise the products ordered shall be deemed approved in this respect too. Unless other legal provisions apply, the right to make warranty claims due to defects in the goods expires two years after delivery. We warrant that defects will be remedied. This is at the choice of the customer; either by rectification, i.e. remedying the defect, or replacement, i.e. providing an item free of defects. If rectification is unsuccessful, the customer is entitled to withdraw from the contract. This does not apply in the event of minor defects. Customers are not entitled to a price reduction.

9. Liability

All product liability claims are waived to the fullest extent possible under applicable law. We shall only be liable to claims for compensation if the loss or damage was due to negligence or willful intent on our part. This also applies in the event of organizational culpability. Liability for claims for consequential loss or damage are waived to the extent permitted by law. Specifically, we shall not be liable for profit foregone or for loss or damage due to one of the following causes:

• minor negligence;
• improper, irregular or unlawful storage, adjustment or use of the products;
• use of incompatible replacement parts or accessories;
• neglected maintenance and/or improper modification or repair of the products by the customer or a third party;
• force majeure, specifically loss or damage caused by natural hazards, moisture, falling and impact, etc. for which we are not responsible, and instructions from authorities.

10. Place of performance

The place of performance for deliveries is the respective distribution site of SFS. The place of performance for payments is 9435 Heerbrugg, Switzerland.

11. Originaltext is binding

In the event of any discrepancies between the German version of these Terms and Conditions of Sale and translations into other languages, the original German text shall prevail.

12. Data protection

When processing customer data we undertake to comply with the provisions of data protection legislation. Further information on how we handle customer data can be found in the separate SFS Privacy Policy. This can be found at the following link: www.sfs.ch/CH/en/privacy-policy/1783549

13. Final provisions

In the event that any provision of the General Terms and Conditions of Business should prove invalid, this shall be without prejudice to the remaining provisions hereof. The relevant statutory provisions shall replace the invalid provision. These Terms and Conditions of Business shall be governed and construed solely in accordance with Swiss law, specifically the Swiss Code of Obligations. The UN Convention on Contracts for the International Sales of Goods (Vienna Convention) does not apply.

SFS Group Schweiz AG, Distribution & Logistics, 9435 Heerbrugg, Switzerland, December 2024