Terms of use

General terms and conditions

<!--Please note: Only the German original of these General Terms and Conditions of LARICOVI is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.-->

1 Scope of application

The present general terms and conditions (hereinafter “
GTC”) apply to all legal transactions made through the online shop  www.laricovi.ch  (hereinafter referred to as “online shop”). The online shops is  operated by LARICOVI. LARICOVI reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised. The range of products and services available in the online shop (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last. Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18. Large orders exceeding a standard amount may be refused without reason.

2 Information

2.1 Product and price

Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding. Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland. All prices quoted are net, in Swiss Francs, include value added tax (VAT) and, where applicable, include an advance recycling contribution. LARICOVI reserves the right to change prices at any time. The prices stated in the online shop at the time of order placement apply. Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurances etc., are listed separately in the shopping cart and on the invoice.

2.2Availability and delivery times

LARICOVI is committed to provide up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.

2.3Additional services: installation and disposal

Installation includes the unpacking and installing of the ordered product including the taking back of packaging. Disposal includes the receipt and environmentally sound disposal of the item(s) specified by the customer upon placing his or her order. The item(s) must correspond approximately in type and quantity to the ordered product. The item(s) for disposal must be prepared for transport by the customer and must be ready on the arranged delivery date for the ordered products. The costs for installation and disposal are listed separately in the shopping cart and on the invoice.

3Contract conclusion

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our online shop, by telephone or e-mail (hereinafter referred to as “contract”). Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and correct price quotation.

4Delivery date

Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged. If delivery by LARICOVI is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, LARICOVI will refund the customer any amount paid in advance. No further claims towards LARICOVI apply.

5Delivery/In-store collection

The delivery address in Switzerland or Liechtenstein must be to a regular mail address. Should this not be the case, the customer shall bear any consequential costs. Should the customer refuse to accept the ordered products on the arranged or provided delivery date, LARICOVI may withdraw from the contract (cancellation) and invoice the customer any additional costs incurred as well as an inconvenience charge of 20% of the order value but no less than CHF 50.– as well as charge for any value loss of the ordered products.  

6Customer’s obligation to inspect products

Customers are obliged to immediately inspect the delivered  products for correctness, completeness and integrity. The customer shall inform LARICOVI of any defects immediately after detection thereof and within 5 calendar days after receipt of the delivery at the latest. The customer must retain the product in the condition it was delivered in and may not use it. If the delivery is carried out by a service partner, the customer, by signing the delivery note, confirms that the product shows no obvious defects. Alternatively, he/she must state the defect on the delivery note. This does not apply to hidden defects.

7Warranty

LARICOVI warrants for two-years from delivery date that the ordered product will be free from defects and fully functional. LARICOVI shall provide warranty either by
  • repairing the product free of charge
  • providing a partial or full replacement with an equivalent product
  • refunding at current value or, at maximum, at the original sales price at the time of order
  • providing cost reduction
 

8Liability and exclusion of liability

Liability is based on the applicable legal provisions. However, in no event shall LARICOVI be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of LARICOVI, be this contractual or non-contractual. Moreover, LARICOVI is not liable for damage resulting from the following causes:
  • Storage, setting or use of products that is improper, unlawful or contrary to contract;
  • Use of incompatible spare parts or accessories (e.g. power supply, cable);
  • Failure to maintain and/or improper modification or repair of the products by our clients or a third party;
  • Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by LARICOVI or official orders.
 

9Payment

9.1Payment methods

Payment must be made in Swiss Francs and in advance, either through the payment facility provided on the website, or by bank transfer. We accept the following payment methods: online banking, transfer by bank or post, credit card, Visa, Mastercard, PayPal, PostFinance, debit card and postcard. Our current fees can be viewed under payment methods and are given in detail in the ordering process. When paying by credit card, the amount is debited at the time of order. In case of prepayment, delivery is made only after receipt of the payment.

9.2Delay of payment

Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to LARICOVI for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). LARICOVI may request immediate payment and suspend any further product deliveries to the customer. LARICOVI levies an administrative charge of CHF 5.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency (Intrum Justitia, Eschensstrasse 12, 8603 Schwerzenbach). In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.

9.3Reservation of ownership

All ordered products remain the property of LARICOVI until payment is received in full. LARICOVI is entitled to make an entry in the register for reservation of ownership. Without the express consent of LARICOVI, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.

10 Order change or cancellation

Order placement obliges the customer to accept the products and services. LARICOVI may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 50.–, as well as any value loss of the ordered products. In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

11Returning products free of defects

There is no general right to return ordered products. According to the conditions listed at http://www.laricovi.ch/returns, LARICOVI grants the right to return ordered products within a maximum of 14 calendar days after receipt. In such an event, shipment costs for the return of the products shall be at the expense and risk of the customer. Products must be sent by registered post to the address given in “contact” at www.laricovi.ch . The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer respectively. When returning a data carrier or a product containing data storage to LARICOVI, a total loss of data must be expected. It is the customers’ responsibility to ensure appropriate data backup and the protection of their data. LARICOVI assumes no liability for potential loss of data.

12Repairs outside of the warranty

All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer. LARICOVI reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.

 

13 Further provisions

13.1Non-allocatable returns

Returns that cannot be allocated or returned to a customer are retained for 6 months before being disposed of.

13.2Data privacy protection

The privacy statement at www.laricovi.ch/privacy is an integral part of these GTC. By accepting these GTC, customers also agree to the privacy statement.

13.3Partial invalidity

Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.

13.4Place of jurisdiction and applicable law

All legal relations between LARICOVI and their customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

13.5Copyright notice

All rights to these GTC, particularly copyrights, are reserved by LARICOVI. All reproduction, distribution or other use is prohibited except with written permission from LARICOVI. In the event of breach of this requirement, LARICOVI reserves the right to take legal action.   February 2016