FRESHDRIVE’ general terms and conditions of sale

General Terms and Conditions of Sale, Delivery and Performance (GTCS)

1. Orders and conclusion of contract :

 

In principle, orders must be made in writing (invoice as proof). Verbal orders are only permitted in exceptional cases. FRESHDRIVE will decide on a case-by-case basis whether to accept an oral order. FRESHDRIVE shall confirm receipt of the order in writing; the invoice being the order confirmation which constitutes the conclusion of the contract between FRESHDRIVE and the purchaser. In exceptional cases where FRESHDRIVE does not confirm the order, the contract is formed between FRESHDRIVE and the buyer at the time of transmission of the invoice to the customer. Offers are made without obligation or commitment on the part of FRESHDRIVE. The same shall apply to information contained in FRESHDRIVE brochures and catalogues. Any oral statements must be confirmed in writing in order to be valid. Drawings, illustrations, dimensions, weights or other characteristics are given by way of indication only and shall only be binding if expressly confirmed in writing by FRESHDRIVE on a case-by-case basis. In the absence of an express written declaration to the contrary, this binding information shall remain valid until revoked by FRESHDRIVE, but for no longer than 2 months. FRESHDRIVE must expressly accept in writing any conditions of the purchaser to the contrary (e.g. in the purchaser's General Terms and Conditions of Sale). FRESHDRIVE reserves the right to modify these Terms and Conditions without prior notice.

 

2. Prices :

 

The applicable prices are those in the FRESHDRIVE price list in force at the time of the order. All prices are in Swiss francs (CHF), ex works, plus VAT, postage and packaging. FRESHDRIVE reserves the right to change the price list and the prices contained therein at any time and without prior notice. For small orders of less than CHF 5, FRESHDRIVE may charge a minimum fee of CHF 5.

 

3. Terms of payment:

 

Subject to any special terms of payment set out in the partnership agreement, the following terms of payment shall apply to the purchaser: private individuals: on order before delivery / professionals: 35% on order and the balance within 10 days net, respectively from the date of the invoice. In the event of non-compliance with the payment deadline, interest on arrears of 9% shall be payable from the 31st day following the invoice date, without prior notice of default being required.

 

4. Changes to orders :

 

Any modification of an order received and/or confirmed by FRESHDRIVE is valid and binding only if the said modification has been agreed in writing. FRESHDRIVE shall in all cases be entitled to invoice the purchaser separately for the administrative costs arising from the change, as well as for work already carried out.

 

5. Delivery:

 

Delivery shall be made at the purchaser's risk. At the express request of the purchaser, FRESHDRIVE shall take out transport insurance for consignments; the costs arising therefrom shall be invoiced to the purchaser. Unless specifically instructed by the purchaser, FRESHDRIVE is free to choose the method of shipment and the route of transport of the goods, without however guaranteeing the fastest and cheapest delivery of said goods. Damage sustained during transport must be reported to the transport company without delay.

 

6. Delivery times:

 

FRESHDRIVE endeavours to meet the agreed delivery times as far as possible. However, compliance with these deadlines cannot be guaranteed. The inability to meet an agreed deadline does not give the buyer any right whatsoever against FRESHDRIVE. In particular, delays do not entitle the purchaser to refuse the goods, nor do they entitle the purchaser to compensation for costs resulting from the delay, nor to compensation of any kind. The delivery period shall be extended by an appropriate period of time if FRESHDRIVE does not receive the data necessary for the execution of the order in good time or if the order has been subject to subsequent changes.

 

7. Transfer of profits and risks :

 

Profits and risks shall pass to the purchaser upon delivery from the factory. If delivery is delayed at the request of the purchaser or for other reasons for which FRESHDRIVE cannot be held responsible, the risk shall pass to the purchaser at the time originally scheduled for delivery ex works. From that moment on, the delivery is stored at the purchaser's risk.

 

8. Obligation to inspect / claims for defects :

 

The purchaser is obliged to inspect the goods delivered immediately upon receipt and to notify FRESHDRIVE in writing of any defects within 3 days of receipt of the delivery, enclosing the delivery note and/or copy of the invoice with the complaint. Failure by the purchaser to lodge a complaint shall constitute approval of the goods. Hidden defects must be reported in writing as soon as they are discovered.

 

 

 

9. Retention of title :

 

The goods delivered remain the property of FRESHDRIVE until full payment of their price. FRESHDRIVE has the right, but not the obligation, to enter the reservation of ownership in the Register of Reservation of Title. If FRESHDRIVE wishes to exercise this right, the purchaser hereby expressly authorises FRESHDRIVE, at the expense of the purchaser and for each delivery, to register the retention of title in the Register of Retention of Title Agreements, and to carry out all formalities relating thereto. The purchaser undertakes to take, in all cases and at his own expense, all measures necessary to protect the item delivered. This includes in particular the maintenance and insurance of the goods against damage caused by theft, breakage, fire, water, etc. The purchaser shall refrain from doing anything that would infringe FRESHDRIVE's property rights in the goods. In particular, the purchaser is not permitted to pledge the object of delivery or to transfer ownership by way of security. FRESHDRIVE shall be informed immediately of any seizure of the goods.

 

10. Warranty / liability :

 

FRESHDRIVE guarantees the completeness and promised qualities of the goods listed on the order confirmation, under the following conditions: The delivered products are warranted against material, manufacturing and/or processing defects which render the goods defective or unfit for their intended use; the warranty/liability also relates to the promised qualities of the goods.

- No warranty/liability is accepted for any possible consequential damage.

- In any case, a warranty/liability of FRESHDRIVE shall be subject to the following conditions: (a) the existence of a defect within the meaning of the aforementioned provision, (b) the discovery of such defect in a timely inspection within the meaning of Section 8 of these Terms and Conditions, or the existence of a latent defect, (c) a timely complaint of defects in the goods within the meaning of Section 8 of these Terms and Conditions.

- FRESHDRIVE shall, at its option, either repair the defective goods at its own expense (in accordance with the aforementioned provision) or replace them. Replaced products or parts shall become the property of FRESHDRIVE. The purchaser shall not be entitled to any further warranty claims (e.g. reduction of the purchase price, rescission of the contract and/or damages etc.), all other warranty claims being expressly excluded.

- The warranty obligation shall lapse if the purchaser or third parties carry out modifications or repairs to the delivered item or misuse it without the express consent of FRESHDRIVE.

- The warranty/liability of FRESHDRIVE shall be excluded for damage which cannot be proven to have been caused by defective materials, faulty manufacture or workmanship, such as damage caused by natural wear and tear, inadequate maintenance, failure to observe the conditions of use and/or operating instructions, excessive use, use of unsuitable equipment, chemical and/or electronic influences, as well as other causes for which FRESHDRIVE is not responsible. Force majeure is also excluded from FRESHDRIVE's warranty and liability.

- FRESHDRIVE disclaims all warranties/liability other than those stated above. Any other warranty / liability of FRESHDRIVE is expressly excluded. Under no circumstances shall the purchaser be entitled to claim compensation for damages that do not relate to the delivered item itself. In particular, FRESHDRIVE shall not be liable in any manner whatsoever and on any grounds whatsoever for direct and/or indirect damage of any nature whatsoever and on any legal basis whatsoever, such as damage resulting from loss of production, loss of use, loss of orders, loss of profit, the elimination of a defect on the part of the purchaser or costs caused to third parties as a result of a defect in the goods, etc. FRESHDRIVE shall not be liable in any manner whatsoever and on any grounds whatsoever for direct and/or indirect damage of any nature whatsoever and on any legal basis whatsoever. FRESHDRIVE is also not liable for damages that are directly or indirectly related to the defectiveness of the delivered item. The aforementioned exclusion of liability shall not apply in the event of unlawful intent or gross negligence on the part of FRESHDRIVE, or in the event that a coercive law prohibits any exclusion of liability.

- Product liability shall be governed by the provisions of the Swiss Product Liability Act. However, FRESHDRIVE's liability under this law is limited or excluded if the purchaser and/or end user fails to take into account the product information provided by FRESHDRIVE. The purchaser is obliged to obtain the relevant information documents and to expressly draw his customers' attention to this product information.

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11. Return of goods :

 

Goods that have been delivered to the purchaser in accordance with the order confirmation may only be returned with the written consent of FRESHDRIVE. If they are in perfect condition, in their original packaging, stock items, not personalised, are subject to a credit of a maximum of 65% of the invoiced amount. No credit can be granted for customer-specific systems such as products with customised manufacturing, and out-of-stock products subject to order confirmation. All costs shall be borne by the sender.

 

12. Intellectual property / industrial property :

 

The products delivered are designed and distributed by FRESHDRIVE. Consequently, FRESHDRIVE holds the sole intellectual property rights on these products, and all drawings, photos, plans, etc.. FRESHDRIVE is the sole owner of existing industrial property rights (patent rights, trademark rights, rights on designs and models, and copyrights), and all rights arising therefrom. The counterfeiting, copying and use of FRESHDRIVE products not in accordance with the provisions of the contract may constitute an infringement of the aforementioned industrial property rights, and are therefore only permitted with the express consent of FRESHDRIVE.

 

13. Applicable Law / Jurisdiction:

 

The legal relationship between FRESHDRIVE and the purchaser shall be governed by Swiss law. The parties agree that the court of the registered office of FRESHDRIVE SNC, Savièse will have sole jurisdiction to hear any dispute. FRESHDRIVE is however entitled to bring an action against the buyer before the court of the latter's registered office.

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FRESHDRIVE’ legal notice 

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The ‘www.freshdrive.co’ website is a publication of Freshdrive SNC, Route de Diolly 44, 1965 Savièse, Switzerland.

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All the commercial tabs present on Freshdrive.co are published by Freshdrive SNC registered with the RC of Sion - registered office: Route de Diolly 44, 1965 Savièse.


 

Registered with the RC of Sion


N° IDE: CHE-306.315.805


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