GTC
General Terms and Conditions for the Oel-Brack AG Webshop
1. Scope
These General Terms and Conditions (hereinafter referred to as 'GTC') apply to all contracts concluded by Oel-Brack AG, CHE-101.960.989, (hereinafter referred to as 'Oel-Brack') with individuals or companies residing or domiciled in Switzerland or the Principality of Liechtenstein (hereinafter referred to as 'Customer') regarding products offered in the Oel-Brack webshop (hereinafter referred to as 'Webshop') (excluding heating oil, diesel, and gasoline – for these, see “General Terms and Conditions for the Delivery and Sale of Heating Oil, Diesel, and Gasoline”). By placing an order in the Oel-Brack Webshop, the Customer accepts these GTC.
Deliveries, services, offers, etc. by Oel-Brack via the Webshop are made exclusively in accordance with these GTC. The GTC valid at the time of the conclusion of the contract shall apply. Oel-Brack reserves the right to change these GTC at any time.
2. User Account / Customer Information
The Customer places orders via a user account in the Oel-Brack Webshop. All information provided by the Customer in the user account and all information provided as a guest must be complete and truthful. Each customer may only open one user account.
3. Conclusion of Contract
The contract between Oel-Brack and the Customer is concluded only when Oel-Brack begins processing the order (not by the automated order summary sent via email) or sends a shipping confirmation. The contract is subject to the availability of the ordered products. Until the explicit beginning of order processing or shipping confirmation by Oel-Brack, the buyer remains bound by the order.
The prices stated in the Webshop in Swiss Francs (CHF), valid at the time of the order, including VAT and excluding shipping costs (unless the total order value excluding VAT exceeds CHF 50.00), shall apply to the products ordered by the buyer. Shipping costs are displayed separately during the ordering process and in the order confirmation. If an error in the pricing is discovered, Oel-Brack reserves the right to adjust the price retrospectively. In this case, the Customer will be informed and may withdraw from the purchase within the period set by Oel-Brack AG.
Oel-Brack delivers exclusively to delivery addresses within Switzerland or the Principality of Liechtenstein. The shipping method and packaging type are determined by Oel-Brack. Partial deliveries are permitted; any additional shipping costs incurred as a result shall be borne by Oel-Brack.
Delivery dates and/or deadlines stated or communicated by Oel-Brack are non-binding. If the delay exceeds twenty days or if delivery becomes impossible for more than twenty days, both the Customer and Oel-Brack are entitled to withdraw from the contract without compensation.
4. Terms of Payment
Payment for all orders must be made in Swiss Francs, either in advance, by credit card, or via PayPal.
5. Inspection, Warranty, Right of Return, and Liability
The Customer must inspect the received shipments or products immediately for correctness, completeness, and freedom from defects.
Any deviations from the order or defects must be reported to Oel-Brack in writing within 5 calendar days of delivery.
There is generally no right of return.
Oel-Brack only warrants that the ordered products are free from defects in materials and/or workmanship at the time of delivery to the Customer.
Any defects must be reported to Oel-Brack in writing, including a detailed description of the defects and enclosing the complete defective product and the dated proof of purchase.
The shipment must be addressed to: Oel-Brack AG, Rupperswilerstrasse 3, CH-5502 Hunzenschwil, Switzerland. The costs of packaging and shipping are borne by the Customer.
Wear and tear as well as consequences of improper or careless use or neglect by the Customer or third parties do not constitute defects.
Oel-Brack may, at its discretion, fulfill the warranty obligation by replacement (with an identical or similar product), price reduction, or refund of the purchase price. Any other services, in particular compensation for damages, are excluded in the event of a defect.
By making a purchase, the Customer agrees to use the products solely for their intended purpose.
Any further liability of Oel-Brack in connection with products or services provided by Oel-Brack and its auxiliary persons is excluded to the extent permitted by law.
6. Deviations from the General Terms and Conditions
Amendments and additions to these General Terms and Conditions require written confirmation by the seller.
7. Data Protection
Data transmission takes place via the Internet. The Internet is an open network accessible to everyone and is therefore generally not considered a secure environment. All payment transactions are carried out according to the usual security standard at the time of the transaction (“https://”). Oel-Brack assumes no liability for the security of data during transmission via the Internet.
The processing of personal data is carried out in accordance with and in compliance with applicable data protection regulations for the purpose of contract execution and maintaining customer relationships (including marketing activities).
The disclosure of the Customer’s personal data to third parties outside of Oel-Brack takes place exclusively to service partners involved in the contract execution, such as the logistics company responsible for delivery. In such cases, the data transmitted is limited to the minimum necessary for contract execution. No further disclosure of customer data to third parties takes place. The Customer consents to the collection, processing, and use of their personal data in accordance with the aforementioned information.
In addition, the terms under the "Data Protection" section available on the Webshop website also apply to the buyers.
8. Severability Clause
If parts of these General Terms and Conditions prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions. The invalid or ineffective provision shall be replaced by a provision that comes closest to the legal and economic purpose of the provision to be replaced, taking appropriate account of the interests of the contracting parties.
9. Applicable Law and Jurisdiction
All disputes shall be subject exclusively to the ordinary courts at the registered office of Oel-Brack. This contract and all rights and obligations arising therefrom shall be governed exclusively by Swiss law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).
[As of: 22.05.2020]