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PEARL - General Terms & Conditions

§ 1 General

These general terms and conditions apply to the entire business relationship between PEARL Schweiz GmbH and its customers. Any deviation from these general terms and conditions can only be made by express written agreement. Where the present general terms and conditions of business contradict our commercial customers' opposing contractual terms and conditions, these general terms and conditions of business shall take precedence.

§ 2 Products

The goods shall be delivered exclusively in the versions, packaging units or minimum quantities specified in the current catalogue or online shop at www.pearl.ch/en. We reserve the right to make technical changes in the sense of technological progress and changes in shape, colour and weight. The prices stated in the catalogue, on the Internet at www.pearl.ch/en and in the current advertising refer to the respective date of publication of the catalogue and advertising. Prices are subject to change after this date until the conclusion of the contract.

§ 3 Conclusion of contract

Orders placed by customers are deemed to be offers. A binding contract is entered when the company immediately dispatches the ordered goods or expressly confirms the offer if the ordered goods are not in stock (by e-mail, telephone, fax or letter post). If we do not accept an offer, we will generally notify the customer accordingly.

§ 4 Delivery and performance time

We are permitted to make partial deliveries and provide partial services at any time. If the item is not or is no longer available, we reserve the right to deliver an equivalent item in terms of price and quality.

Delivery shall be made subject to the proviso that we are supplied on time and correctly. We are not liable for delays in delivery and performance due to force majeure and events that significantly impede delivery or make it impossible (this includes, in particular, significant operational disruptions for no fault of our own, strikes, lock-outs, official directives or production and delivery bottlenecks at the manufacturer, in particular as a result of a significant increase in demand, including those occurring at the supplier or its sub-suppliers), including those occurring in the case of bindingly agreed deadlines and dates. Such events entitle us to postpone the delivery or service for the duration of the impediment plus a reasonable start-up period or to withdraw from the contract in whole or in part. If we cancel the purchase contract due to the non-availability of the goods, we commit ourselves to inform the customer about the non-availability and to refund any payments received from the customer immediately. This provision is also applicable in the case of subsequent performance claims. The delivery of an item, its return and the dispatch of a replacement item occurs at the expense and risk of the customer. Possible price reductions between the order date and delivery date do not apply to the goods not yet delivered. The date of the order is decisive. Registered retailer customers cannot collect goods from our PEARL Factory Outlets.

§ 5 Prices and terms of payment

Unless expressly indicated in the catalogue or advertising, prices refer to the items shown according to the description but do not include accessories or decoration. Only the Swiss prices (CHF) shown in the catalogue or on the Internet at pearl.ch apply. All prices include the applicable value-added tax but exclude postage, freight, packaging, insurance, and other costs. Payment must be made via delivery, credit card, bank transfer or payment slip. Subject to an advance payment agreement, invoices are to be paid within 30 days of the invoice date and without any deductions. After the 30-day payment period expires, the customer shall be in arrears, upon which we shall be entitled to charge interest on arrears at the statutory rate and, depending on the amount of the claim, reminder charges of up to CHF 25 per reminder. If we hand over the collection of the outstanding invoice amounts to a debt collection company after unsuccessful reminders, the customer is obliged to pay the costs of the debt collection company. We reserve the right to claim further damages for default. We are entitled in principle to carry out a credit check before each order and, if necessary, to demand payment in advance.

§ 6 Information about the right of return and consequences of return for consumer contracts

Consumer customers may return received goods within 30 days of receipt by returning them at their own expense, provided the goods are in a resalable condition. This includes the return of all accessories, operating instructions and any other items belonging to the goods in the original packaging. Excluded from the right of return are audio and video recordings, magazines, hygiene articles, articles that have been worn, used or damaged, batteries, lamps and light bulbs, tablet PCs, PCs, programmable hardware and software that the buyer has unsealed. If the returned goods are soiled or damaged, the right of retention is subject to a proportionate or total amount of the purchase price.

Collect on delivery returns cannot be accepted for organisational reasons.

Upon proper and timely return, the customer will receive a credit note on their respective customer account in the amount of the purchase price. The right of return does not apply to commercial customers.

§ 7 Guarantee and warranty

The legally stipulated warranty period for new goods is two years and commences with the handover of the goods. If the goods are defective, they will - at our discretion - either be replaced free of charge by new, faultless goods or repaired in the case of minor, easily correctable defects. The right to rescission and reduction is excluded insofar as repair or replacement is possible, or repeated rectification or replacement fails for reasons for which we are not responsible. During the two-year warranty period, we also provide a guarantee. Warranty and guarantee are excluded if modifications or repairs have been carried out without our written consent or if the damage is due to improper use or natural wear and tear. Delivery of replacement goods does not extend the original warranty or guarantee period or set a new start for the period. For goods expressly designated as used goods, mail-order returns or "refurbished" goods, the warranty is excluded, and no guarantee is given.

§ 8 Limitation of liability

We are liable for damages resulting from injury to life, body or health caused by a negligent breach of duty on the part of PEARL or a wilful or negligent breach of duty by a legal representative or agent of our company, as well as for other damages caused by a wilful or grossly negligent breach of duty on the part of the company or a wilful or grossly negligent breach of duty by a legal representative or agent of the company, provided, however, that we are liable for any fault in the case of damages caused by a breach of essential contractual obligations. Any further liability for damages, particularly damages that did not occur with the object itself (consequential harm caused by a defect), is excluded, irrespective of the legal grounds and subject to mandatory statutory regulations.

§ 9 Reservation of proprietary rights

The ownership of the delivered goods remains with us until full payment has been made. We are entitled at any time to have an entry made in the retention of the title register. The customer is obliged to notify the company immediately of any change in the residence or place of business as long as claims for delivered goods are still outstanding or the goods have not yet been delivered.

§ 10 Data protection

We store personal data for order processing and may pass it on to third parties for this purpose. We are entitled to exchange data with partner companies and credit information companies for credit checks. Furthermore, our partner companies and third parties use the address data for advertising purposes. Naturally, you can object to using the data for advertising purposes. Please inform us if you do not wish to receive product information by post or e-mail. This can be done by post, fax, telephone or e-mail. Until we receive your objection, you agree to receive product information by post or e-mail.

§ 11 Final provisions

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. The Company reserves the right to amend these Terms and Conditions at any time. This contract shall be governed exclusively by Swiss law, excluding the Vienna Sales Convention (UN Sales Convention, CISG). The place of performance and (subject to the mandatory provisions of the Swiss Jurisdiction Act) the exclusive place of jurisdiction shall be Pratteln (Switzerland).

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