GTCs
General Terms and Conditions for the B2B eShop of Böllhoff Verbindungstechnik AG
1. Scope
1.1
These terms and conditions contain the terms and conditions that apply exclusively between you (hereinafter also referred to as "Customer", "You") and us, Böllhoff Verbindungstechnik AG, Buchgrindelstrasse 7, 8620 Wetzikon (hereinafter also referred to as "Böllhoff", "We", "Us"), insofar as these are not amended by written agreements between you and us. We do not recognise deviating or conflicting terms and conditions unless we have expressly agreed to them in writing. These terms and conditions apply to all orders, contracts, deliveries and other services between Böllhoff and the customer in the Böllhoff eShop at eshop.boellhoff.ch.
These terms and conditions also apply to all future orders placed by the customer in the Böllhoff eShop.
You can find further information on Böllhoff's communication data in the imprint.
1.2
You will be notified of any changes to these terms and conditions in writing or by e-mail. If you do not object to these changes within 4 weeks of receipt of the notification, the changes shall be deemed to have been acknowledged by you.
You will be informed again separately of the right to object and the legal consequences of remaining silent in the event of changes to the terms and conditions.
1.3
You can access, save and print out our GTCs on our website under GTCs.
You can also download and save our terms and conditions in pdf format here.
2. Registration as a user
2.1
Your registration with our Böllhoff eShop is free of charge. It is not possible to place an order in the Böllhoff eShop without registering for our electronic trading system (no guest orders). The Böllhoff eShop is aimed exclusively at companies (i.e. legal entities under the Swiss Code of Obligations (OR) and/or merchants under the OR).
Registration of private customers for the Böllhoff eShop is not permitted, so the goods offered in the Böllhoff eShop are sold solely and exclusively to companies and/or merchants.
Upon registration, you must state your VAT identification number correctly and in full.
Without a valid VAT identification number, it is not possible to register for the Böllhoff eShop and no orders can be placed.
To register for the Böllhoff eShop, please complete the registration form digitally on our website, including all mandatory fields, and send it to us. You must provide the data required for registration completely and truthfully.
Your user name is the e-mail address you entered. You choose a password when you log in. You are obliged to choose a secure password with at least 8 characters, containing at least one special character ("@, %, $ etc.") and to keep the password secret and secure and not to disclose it to third parties under any circumstances.
After entering your registration data and clicking the "Register now" button, you will receive an e-mail confirming receipt of your registration and stating that your data is being checked. After verification of your entrepreneurial status, you will receive an activation e-mail. Only then will you be able to place orders in the Böllhoff eShop.
Böllhoff reserves the right to refuse registration if, for example, the customer's entrepreneurial status is not clearly and sufficiently demonstrated.
Böllhoff is not obliged to accept a registration or orders from a registered customer.
2.2
Apart from the declaration of your agreement with the validity of these General Terms and Conditions, our data protection provisions and our terms of use, no further obligations are associated with your registration. You can delete your entry at any time under "My account".
Registering with us does not constitute any obligation to purchase the goods offered by us.
2.3
The entry of registration data is secured by SSL encryption.
2.4
You are responsible for updating your company details yourself in the event of any changes. Please inform us immediately of any changes using the electronic form provided on the website.
3. Conclusion of contract
Presentation of products in the Böllhoff eShop does not constitute a legally binding offer by Böllhoff.
Böllhoff's offers on our website merely represent a non-binding invitation to the customer to order goods from Böllhoff.
The customer's order, which is placed by clicking on the "Buy now" button, is a legally binding offer to purchase the goods placed by the customer in the shopping basket and located there. Receipt is immediately confirmed by Böllhoff electronically.
This confirmation does not constitute an order confirmation and therefore not an acceptance of the offer by Böllhoff. Acceptance of the offer by Böllhoff takes place when Böllhoff either confirms acceptance of the customer's order by separate e-mail or sends the customer a dispatch confirmation or, at the latest, when the goods are dispatched.
It is not possible to send an order without the customer having previously agreed to these terms and conditions.
Böllhoff is entitled to accept the customer's offer within 5 calendar days of receipt of the order by Böllhoff. If this deadline expires without a response, the customer's offer shall be deemed to have been rejected.
The steps for concluding a contract are as follows:
First, the customer must place the selected item(s) in the shopping basket. They also have the option of changing the item quantity.
Clicking the "Continue" button takes the customer to the billing and delivery address overview page.
Clicking the "Continue" button takes the customer to the payment method overview page, where the payment method is specified.
Clicking the "Continue" button takes the customer to the order overview page ("Check order").
This is where the customer can view all the order data created by their entries before sending their order. They have the opportunity to check and correct any errors.
If the customer wishes to correct any entries, they can do so by clicking the buttons "Change shopping basket", "Change address" or "Change payment method". It is possible to delete an item placed in the shopping basket or change the quantity at any time up to this point.
The customer can then submit a binding offer to Böllhoff by clicking the "Buy now" button.
4. Terms of delivery
4.1
Compliance with our delivery obligation assumes the timely and proper fulfilment of the customer's obligations.
4.2
If the delay in delivery is due to reasons for which Böllhoff is not responsible (e.g. force majeure, fault of third parties), the delivery period shall be extended accordingly. The customer shall be informed of this immediately. If the delay is longer than 4 weeks after the original delivery date, both the customer and Böllhoff are entitled to withdraw from the contract.
4.3
Dispatch is ex works and is always at the customer's expense and risk.
4.4
Insurance of the delivery item against transport damage shall only be taken out based on the customer's prior instructions and at the customer's expense.
5. Delivery area
Our products are delivered exclusively within Switzerland. We do not ship abroad.
6. Prices, payments and minimum order value
6.1
The payment methods displayed at the end of the order process are available to the customer. Böllhoff currently offers customers the payment methods of advance payment and payment by invoice. Other payment methods are not currently possible.
6.2
The prices displayed for the individual items on our website are net prices "ex works" excluding shipping costs and the relevant statutory VAT.
VAT will be displayed separately on the invoice at the statutory rate on the date of invoicing.
Any shipping costs incurred are listed separately in the product description and will be displayed separately on the invoice.
6.3
Unless otherwise agreed, payments must be made net (without deduction) within 30 days of the invoice date. Deduction of a discount requires a special written agreement.
6.4
For advance payment, delivery is made only when the full purchase price has been credited. For advance payment, we provide the customer with our bank details in the order confirmation.
Böllhoff reserves the right to reject the payment by invoice method for the customer and to select the advance payment method.
6.5
Minimum order value: There is a minimum order value of €50.00 net.
This means that Böllhoff will only execute the order and delivery if the shopping basket value is CHF / € 50.00 net (excluding shipping costs).
7. Payment default
7.1
Failure to pay the purchase price when due constitutes a material breach of contractual obligations.
7.2
If the customer defaults on payment, Böllhoff is entitled to charge interest on arrears at a rate of 5% plus expenses.
8. Guarantee
8.1
Claims for defects on the part of the customer presuppose that they have properly fulfilled their obligations to inspect the goods and give notice of defects in accordance with § 201 OR.
The customer must inspect the goods immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect is discovered, notify Böllhoff immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not identifiable upon inspection. If such a defect is noticed later, notification must be provided immediately after discovery; otherwise the goods shall be deemed to have been approved even in view of this defect.
8.2
If the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent fulfilment in the form of rectification of the defect or a replacement delivery of a defect-free item. We shall be entitled to choose the type of subsequent fulfilment. Böllhoff reserves the right to make 2 attempts at subsequent fulfilment. If the subsequent fulfilment fails or the subsequent fulfilment is unreasonable for the customer, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met.
8.3
In the case of new items, claims and rights of the customer due to material defects shall lapse 1 year from delivery of the goods. The warranty is excluded for the purchase of used goods.
Exceptions to this are claims due to culpable injury to life, limb or health or claims due to an intentional or grossly negligent breach of duty by Böllhoff or a legal representative or vicarious agent of Böllhoff as well as in the case of fraudulent concealment of a defect or the assumption of a guarantee or, in the case of new items, in the case of recourse claims in accordance with ART. 51 OR. The statutory limitation period applies in these cases
9. Limitation of liability
9.1
We shall only pay damages, irrespective of the legal grounds, to the following extent:
9.1.1
In the event of intent and gross negligence, including intent and gross negligence on the part of our representatives or vicarious agents.
9.1.2
In the event of slight negligence, only in the event of a breach of a material contractual obligation, limited to the foreseeable, typically occurring damage.
Essential contractual obligations are those fundamental obligations which were decisive for the conclusion of the contract by the customer and the fulfilment of which is essential for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the customer may regularly rely upon. Otherwise we do not accept liability.
9.1.3
Liability for culpable injury to life, limb and health remains unaffected; this also applies to mandatory liability under the Product Liability Act and liability under the Data Protection Act as well as other mandatory statutory liability and in the event of fraudulent concealment of defects or the assumption of a guarantee.
The statutory limitation period shall apply to all possible claims pursuant to clause 10.1.
9.2
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
Transfer of claims for damages is excluded.
10. Offsetting
Offsetting against Böllhoff's claims is excluded unless the customer's counterclaim has been recognised by declaratory judgement or is undisputed by Böllhoff.
The customer is only entitled to exercise a right of retention if the claim is based on the same contractual relationship.
11. Retention of title
11.1
We reserve title to the purchased item until all payments arising from the business relationship with the customer have been received. If the customer acts in breach of contract, in particular in the event of a payment default, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall constitute a cancellation of the contract. After taking back the purchased item, we shall be authorised to sell it. The proceeds from the sale shall be offset against the customer's liabilities – less reasonable selling costs.
11.2
The customer is obliged to treat the purchased item with care.
11.3
The customer shall be entitled to resell the purchased item in the ordinary course of business; however, they hereby assign to us all claims in the amount of the final invoice amount (including VAT) of our claim which accrue to them from the resale against their customers or third parties, irrespective of whether the purchased item is resold without or after processing.
The customer remains authorised to collect these claims even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer fulfils their payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
11.4
Processing or remodelling of the purchased item by the customer is always carried out on our behalf. If the purchased item is processed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation.
11.5
If the purchased item is inseparably mixed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis.
The customer shall hold the resulting sole ownership or co-ownership for us.
11.6
We undertake to release the securities to which we are entitled at the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
12. Use of data
Data processing is subject to the applicable data protection law, in particular the Swiss Data Protection Act. Details can be found in our privacy policy, which can be viewed at the URL
13. Saving of the contract text
Böllhoff saves the text of the contract and the order data and sends the order to the customer by e-mail.
The customer can call up their previous orders from the "My order history" sub-section in the "My account" area.
14. Electronic invoice
Invoices are sent in electronic form. They are sent via e-mail to the e-mail address provided by the customer.
The customer may object to the sending of invoices in electronic form at any time. In this case, the customer will receive an invoice in paper form, but is obliged to bear and reimburse the additional costs of the paper delivery.
15. Applicable law, place of fulfilment, place of jurisdiction
15.1
The Swiss Code of Obligations (OR) shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15.2
Unless otherwise agreed, the place of fulfilment for all obligations arising from the contractual relationship between Böllhoff and the customer is the registered office of Böllhoff.
15.3
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between Böllhoff and the customer is the registered office of Böllhoff in Switzerland. Böllhoff is also entitled to appeal to any other competent court.
16. Final provisions
16.1
The contract language is one of the three national languages (DE, FR or IT), depending on the language selected by the customer at the start of the order process. English is also possible.
16.2
With the exception of monetary claims, the customer's rights under the contract are not transferable.
16.3
Should the individual provisions of the contract and these regulations be wholly or partially invalid or contradict the statutory regulations, this shall not affect the contract or the validity of the remaining provisions. The invalid provision shall be replaced by mutual agreement between the contracting parties by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above-mentioned provision applies accordingly in the event of loopholes.