§1 validity of the conditions
The deliveries, services and offers of OTR-OnTouR by Milan Bachofner are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. By ordering the goods or services, these conditions are considered accepted. General conditions of purchase of the buyer is hereby contradicted. Deviations from these terms and conditions are only effective if we confirm them in writing.

 

§2 offer and conclusion of contract
The offers of the OTR-OnTouR by Milan Bachofner in price lists and advertisements are non-binding. Orders are only binding for the OTR-OnTouR by Milan Bachofner after written confirmation. Offers such as stock exchange and sell-off are excluded from the obligation of availability. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are to be understood as indicative only and do not represent any assurance of any features, unless they are expressly described in writing as binding. If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation. OTR-OnTouR by Milan Bachofner does not sell alcoholic beverages to young people under the age of 16 and does not sell spirits to youngsters under the age of 18. We reserve the right to make an age check before delivery or delivery of the goods.

 

§3 prices
Decisive are the prices stated in our order confirmation. These are fixed for stock goods at the time of ordering. In case of delivery bottlenecks and errands, the daily price on the day of order applies. The prices are, unless otherwise agreed, plus transport costs, including VAT. The current prices are published in the online shop, price changes and errors reserved.

 

§4 delivery and service time
Dates and delivery times are not binding, unless otherwise agreed in writing. The specification of specific delivery times and delivery dates by the OTR-OnTouR by Milan Bachofner is subject to the correct and timely delivery of the OTR-OnTouR by Milan Bachofner by suppliers and manufacturers.

 

§5 acceptance delay
If the buyer refuses to accept the delivery items after expiry of a grace period set for him or declares that he does not want to accept the goods, OTR-OnTouR by Milan Bachofner may refuse to perform the contract and claim damages for non-performance. OTR-OnTouR by Milan Bachofner is entitled to claim either as a lump sum compensation 25% of the agreed purchase price or the replacement of the damage effectively incurred by the buyer.

 

§6 delivery
Upon delivery and assembly, accessibility to the goods by the customer must be ensured.
Visible differences in quantity must be reported to the OTR-OnTouR by Milan Bachofner and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 5 days after receipt of the goods. Complaints regarding damage, delay, loss or bad packaging must be reported immediately after receipt of the consignment.

 

§7 passage of risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible without our fault, the risk passes to the buyer upon notification of readiness for shipment. An agreed on a case by case assumption of transport costs by the OTR-OnTouR by Milan Bachofner has no influence on the transfer of risk.

 

§8 warranty
The warranty according to the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not conform to the original specifications, then any warranty is void if the defect is attributable to this. This also applies to the extent that the defect is due to improper use, storage and handling of the equipment or foreign intervention as well as the opening of equipment. Insignificant deviations from warranted characteristics of the goods do not give rise to any warranty rights. A liability for normal wear and tear as well as consumables / accessories / enclosed batteries / rechargeable batteries is excluded. Warranty claims against OTR-OnTouR by Milan Bachofner are only available to the direct purchaser and are not assignable.

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§9 returns
For returns we require that the defective part or device with a completed repair form and a copy of the invoice, with which the device was delivered, sent to the OTR-OnTouR by Milan Bachofner for repair or delivery. The return of products by the customer requires the prior consent of OTR-OnTouR by Milan Bachofner and is at the expense and risk of the customer. The return of the products must be in their original packaging and accompanied by a detailed description of defects / defects and a return number. Products that we procure on customer request and open software are excluded from the return. Replacing parts, assemblies or entire devices will not bring any new warranty periods into effect. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When returning the equipment to be repaired, the buyer must ensure that the data on it are backed up with copies, as these can be lost during repair work.

 

§10 Retention of title
The delivered goods remain the property of OTR-OnTouR by Milan Bachofner until full payment.

 

§11 payment
The invoices are payable net by cash, cash or within 10 days, depending on the agreement, unless otherwise agreed. The delivery is basically unfree, i. at the expense of the buyer by parcel post, freight forwarder or own vehicle, unless otherwise agreed. A payment is deemed to be made only when we can dispose of the amount. Checks are accepted only on account of performance and are only valid after their redemption as payment. If the buyer is in default, we are entitled to charge interest at the rate of 10% from the relevant date. During the period of the delay, the OTR-OnTouR by Milan Bachofner is also entitled at any time to withdraw from the contract, to reclaim the delivered goods and to demand compensation for the forfeiture of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to meet other essential obligations under the contract or if we become aware of circumstances which are likely to reduce the customer's creditworthiness, in particular cessation of payments, pending settlement or bankruptcy proceedings. In these cases, we are entitled to retain outstanding deliveries or to execute them only against advance payment or securities.

 

§12 insurance
OTR-OnTouR by Milan Bachofner can be used in the sense of a tied agent acc. Art. 43 para. 2 VAG i.V.m. Art. 183 para. 1 lit. AVO insurances for goods offered on OTR-OnTouR.com to customers. When an insurance is taken out, the agreements of the delivered policy and the General Insurance Conditions (AVB) of Helvetic Warranty GmbH apply.

 

§13 Limitation of Liability
Claims for damages for impossibility of performance, breach of contract, culpa in contrahendo and tort, are excluded against us, as well as against our vicarious agents, unless intentional or grossly negligent action. Any liability for consequential damages resulting from the use of the products is rejected.

 

§14 Copyright / Software Warranty
As far as software is included in the scope of delivery, this will be left to the buyer solely for one-off resale or for his own use, i. E. he may neither copy these nor give them to others for use. Software is excluded from all warranty terms on forms. Exclusively the terms of the license agreement of the manufacturer apply.

 

§15 Privacy policy
The privacy policy is an integral part of these terms and conditions. By accepting these terms and conditions, you also agree to the privacy policy.

 

§16 Jurisdiction
All legal relationships between OTR-OnTouR by Milan Bachofner or a dealer and the clientele are subject to Swiss substantive law.

 

Changed on: 1 January 2019