Terms and Conditions
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the conclusion, content and execution of contracts for the purchase of products from Control and Telemetry Systems GmbH (hereinafter referred to as "CTS"). Any written or electronic agreements between the parties to the contrary shall remain reserved. Agreements between the parties shall be deemed equivalent to notices by CTS in the order confirmation, which the customer does not object to within 3 working days.
With the order, the GTC are deemed to be accepted by the customer. Amendments, supplements and subsidiary agreements shall only be effective if confirmed by CTS in writing or electronically. Any general terms and conditions of the customer are expressly rejected.
2. Products and offers
Images of products in advertising, brochures, online store, etc. are for illustrative purposes and are not binding.
Price lists and brochures of CTS contain non-binding information and indicative prices. Information provided by CTS by telephone is not binding and does not constitute an offer.
Offers transmitted from the CTS in writing or by e-mail shall be binding for a period of one week after their issue without any indication to the contrary.
3. Conclusion of the contract
By clicking the "Place Order" button, the customer places a binding order for the items in the shopping cart. The receipt of the order is confirmed to the customer by CTS immediately afterwards by e-mail. Upon receipt of this order confirmation, the purchase contract becomes binding.
4. Order changes
The Customer shall inform CTS of change requests exclusively by electronic means. CTS shall inform the Customer whether and under what conditions the changes are possible. The conditions for changing the order shall be deemed accepted by the customer if the customer does not reject them within 3 working days. In case of price changes of more than 20% of the original order amount, electronic confirmation by the Customer is required in any case.
CTS reserves the right to make unilateral changes to the order confirmation. Changes by CTS (in particular price and date changes) shall be communicated to the Customer without delay. In the event of price increases, the Customer shall be entitled to withdraw from the contract within 10 working days of notification.
5. Prices, shipping costs and terms of payment
The prices listed in the offer at the time of the order are valid. The indicated prices are final prices.
Customs duties are to be paid by the customer.
CTS offers the means of payment offered in the online store. In case of payment by credit card or other instant means of payment, the charge will be made at the time of order. For each order, CTS reserves the right not to offer certain payment methods and to refer to other payment methods. Any transaction fees are to be borne by the customer.
Payments must be made in Swiss francs.
Invoices are always issued electronically.
Unless otherwise agreed, payment shall be due net within 20 days of the invoice date. If the payment deadline is exceeded without a reminder, CTS shall be entitled to charge interest on arrears at a rate of 5% per annum. In the event of late payment, CTS reserves the right to withhold all deliveries until all due invoices have been paid in full.
In the event of default of payment by the Customer, CTS shall be entitled, in addition to the statutory consequences of default, in particular to withdraw from the contract immediately and at any time without granting a grace period.
Delivery shall only be made after receipt of payment by CTS.
6. Delivery
The order confirmation and any supplements are authoritative for the type and scope of delivery.
The place of delivery shall be the address specified by the customer.
Delivery periods are not binding. CTS shall inform the customer of any delays in delivery. Exceeding the delivery date does not entitle the customer to withdraw from the contract or to claim damages.
If the delivery deadline cannot be met as a result of force majeure (such as operational disruptions, delays in the delivery of essential materials, strike, official orders, war, epidemic or pandemic, etc.), it shall be extended accordingly. If performance becomes impossible due to the influence of force majeure, CTS shall be released from its obligation to perform without any obligation to pay damages.
CTS may engage third parties for the fulfillment of its contractual obligations.
7. Retention of title
The delivered goods shall remain the property of CTS until all claims have been satisfied in full. If CTS withdraws from the contract as a result of default in payment by the Customer, the Customer shall be obliged to surrender the purchased item immediately upon first request by CTS.
The sale of a product purchased under retention of title shall require the express written consent of CTS in order to be valid.
8. Withdrawal from the purchase contract
The Customer may only withdraw from the purchase contract if CTS gives its consent to the withdrawal in writing or electronically. In the event of withdrawal from the purchase contract, the Customer shall owe CTS a contractual penalty of 15% of the order amount according to the purchase contract, but at least CHF 35.00, for the expenses incurred thereby. The right to claim further damages is reserved, whereby the contractual penalty shall be offset against this amount.
9. Transfer of risk and warranty
Benefit and risk shall pass to the customer at the time the goods are handed over for shipment.
CTS warrants that the products have the warranted characteristics up to the time of transfer of risk and do not have any physical or legal defects that impair their value or their suitability for the intended use. Any provisions or agreements to the contrary shall remain reserved.
The use of CTS's products is entirely at the customer's own risk. The user is at any time required to use a secondary ejection system.
The warranty is excluded in particular for:
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Malfunctions and any consequential damages due to a malfunction of a CTS product;
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Wearing parts such as batteries, accumulators, power cables, adapters, lamps;
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Improper, non-contractual or illegal storage, adjustment or use of the products;
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Use of incompatible spare parts or accessories (e.g. power supply);
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Failure to maintain and/or modify or repair the products by the customer or a third party;
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Force majeure, in particular damage caused by natural hazards, moisture, falls, impacts, etc., for which CTS is not responsible;
The customer shall inspect the condition of the item immediately and notify any defects in writing or electronically within 10 days of their discovery. The moment at which any defects were recognizable for the customer shall be deemed equivalent to the discovery.
Hidden defects, i.e. those that were not recognizable at the time of acceptance and proper inspection, must be reported in writing or electronically within 10 days of their discovery. The moment at which any defects were recognizable to the customer shall be deemed equivalent to discovery.
Warranty claims shall expire two years after handover of the purchased goods for shipment.
The customer shall be responsible for proving compliance with the inspection, notification and limitation periods.
The customer is not entitled to withhold outstanding payments by asserting warranty claims.
If a warranty case exists, it is at the discretion of CTS how the warranty case is processed (e.g. repair or replacement delivery).
The costs for the return shipment to CTS are to be borne by the customer.
The customer shall have no right to rescission (reversal of the contract) or substitute performance by third parties.
Any liability of CTS for damages due to defects in the purchased goods, in particular for direct and indirect consequential damages, as well as for loss of profit, shall be excluded. Any liability of CTS for negligence is expressly excluded to the extent permitted by law.
10. Assignment and pledging
Claims to which the Customer is entitled under the purchase contract may neither be assigned nor pledged without the express written consent of CTS.
11. Data protection
The processing of personal data is governed by the CTS Privacy Policy, which is available at the following link.
12. Final provisions
These GTC apply in the most current version, which is posted on the CTS website. CTS reserves the right to amend these GTC at any time. Amendments shall be posted on the Internet and shall be deemed accepted by the customer upon posting on the Internet.
Should any provision of the purchase contract or these GTC be legally invalid or unenforceable, the validity of the remainder of the purchase contract and the GTC shall not be affected. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economically intended result of the contracting parties. These provisions have been drafted in German; in the event of any ambiguity, the German version shall prevail.
These GTC are exclusively based on Swiss law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) is expressly excluded. The exclusive place of jurisdiction shall be at the registered office of CTS, whereby CTS shall have the right to take legal action against the customer at his registered office. The language of the proceedings shall be German, if the court permits it.
Control and Telemetry Systems GmbH
Fluhstrasse 10
8645 Jona
As of: 15.07.2023