TERMS AND CONDITIONS OF SWITCHER TRADING SÀRL FOR SWITZERLAND

Generalities:

All our offers, quotes and sales are subject exclusively to the terms and conditions of sale and delivery (GC) below. Other or additional agreements are valid only if they are explicitly agreed in writing. Our general conditions can be modified at any time. Delivery terms and prices are set separately and published on our B2B platform.

Clients:

Switcher Trading Sàrl exclusively supplies stores and resellers of textile advertising material or workwear. We reserve the right to provide customers only after review of the file including a financial audit performed by our internal departments and that allows them to be accepted as specialized resellers for Switcher & Whale products.

Switcher Trading Sàrl reserves the right to stop providing customers if they no longer meet the Switcher quality requirements to be specialized resellers.

Offers:

Our stock lists, sales documents and offers are without obligation. The price valid on the day of delivery is decisive. Details according to the supplement – Rates and conditions.

Price:

All prices are shown on the price list provided to you. We reserve the right to make price corrections in the event of changes in purchase prices, exchange rates, customs duties or other unforeseeable events. The selling prices are recommended selling prices, including VAT. For ecological reasons, invoices will only be sent by e-mail. There is no minimum order amount. The payment terms are 30 days net and 3% discount within 14 days after the billing date. The customer is at fault if he does not pay SWITCHER TRADING SÀRL within 30 days of receipt of the invoice or an equivalent payment statement. In case of late payment, a reminder fee of CHF 15 will be charged.

Delivery delay:

Switcher Trading Sàrl can process all orders received via the online shop, by e-mail or by phone within the limits of available stocks.The deliveries are usually made within 24 to 48 hours (depending on the time of day and the day of the week) after receipt of the order.We are authorized to make partial deliveries at any time.Deliveries are made at the expense and under the responsibility of the recipient.We reserve the right to deliver only against payment. in advance or against reimbursement, cancellations and requests for compensation in case of delay or non-delivery can not be accepted. Details according to supplement – Rates and conditions.

Payment :

Payment must be made no later than 30 days after the billing date. The delivered goods remain our property until full payment of the amount due. We are entitled to demand the return of the goods, even if the invoice has been partially paid. In case of late payment, we reserve the right to suspend further deliveries and to terminate all contracts and obligations without notice. Fees, late fees and reminder fees are charged. Unauthorized deductions will be billed later. Compensation with counter-benefits is not allowed. If the buyer’s financial situation deteriorates after the conclusion of the contract or if he is late in payment, we are entitled either to make staggered deliveries against payment of all amounts due (down payment), or to terminate the contract.

Instructions for returns:

Right of return:

Our customers may terminate the collaboration agreement within 14 days of receipt of the goods stating the reasons in writing in an attached document. Sending the revocation of the contract or the goods within the prescribed period is sufficient to respect the conditions of return. The goods must be returned to:

Switcher Trading Sàrl, Widengasse 10, 5070 Frick

Processing returns:

Invoiced goods are paid by the buyer. After receipt of returned parts at Planzer Transports SA Penthalaz, the goods will be checked and a credit note will be issued for accepted returns. The credit note will be deducted from the following orders and their payment. The payment of returned goods is subject to the payment conditions. If we take back the goods, we charge the customer 15% of the net value of the goods for processing fees and for re-stocking, but at least CHF 20.00.

The right of return does not apply to the delivery of goods that have been manufactured according to the customer’s specifications or are clearly adapted to personal needs (eg processed goods or special productions). These goods can not be exchanged under any circumstances. Items from special offers, promotional sales and liquidation are also excluded from the exchange.

Shipping and packing:

The choice of the appropriate shipping and packing type remains our responsibility. The rights and risks of damage to the goods are transferred to the buyer during transport after the departure of our warehouses. The shipping and packing costs will be charged per package according to our pricing conditions, depending on the carrier and the importance of delivery. For orders over CHF 800.-, free shipping is granted.

Complaints, Complaints:

The buyer is obliged to check the goods immediately after receipt with the utmost care with regard to quantity, sizes and quality and to inform us of any defects within 10 days of receipt. We replace the defective goods by a new order and a corresponding delivery, we credit the defective goods at 100%. Other rights or compensation are formally excluded. Unacceptable action and price reduction are excluded. Any claim against us requires special attention in the proper handling and storage of the goods by the buyer.

Warranty, liability, claim:

If the goods are defective, the legal provisions for liability for defects are applicable. We do not accept any liability for damages resulting from incomplete, late or undelivered delivery in case of fire, strike, force majeure or other circumstances beyond our control. We undertake to immediately inform the customer of the unavailability and to reimburse the counterparty without delay. We are responsible for the willful misconduct and gross negligence of our employees. The same applies to the personal liability of employees, representatives and apprentices. The above limitations of liability do not exclude the legal rights of our customers.

Each order goes through several control mechanisms but nevertheless we can not rule out picking errors or incorrect original packaging. In this case, we strive to deliver as quickly as possible and at our own expense. In all cases, the buyer is obliged to check the goods before processing; we assume no responsibility for the processed goods.

Right and competent jurisdiction:

Swiss law is applicable. If the customer is a reseller, the place of jurisdiction (Frick AG) is the seat of Switcher Trading Sàrl. However, Switcher Trading Sàrl is also entitled to bring an action against the customer with its nearest legal jurisdiction.

Frick, Juillet 2023