General terms and conditions


Valid for deliveries in Switzerland as of 01 January 2019.

 

General

  • These General Terms and Conditions of Sale, Delivery and Payment of HL Collection AG (hereinafter: GTC) shall apply to all deliveries made by HL Collection AG to customers as soon as they have become part of the delivery contract. This is the case if HL Collection AG has made the GTC generally known to the customer prior to conclusion of the contract, whether by printing them on www.hlcollection.ch, in documentation, on quotations, order confirmations and delivery notes. The version applicable at the time of conclusion of the contract shall apply (see www.hlcollection.ch).
  • If individual agreements or assurances on the part of HL Collection AG contradict these GTC in individual cases, namely in the offer, order confirmation or on the delivery note, the individual agreements shall take precedence, provided they have been validly confirmed in writing.
  • HL Collection AG is entitled to amend the GTC in part or in full at any time: The GTC current at the time of conclusion of a contract shall apply to a contract.
  • The GTC in force at the time a contract is concluded shall also apply to all subsequent services between HL Collection AG and the customer.

 

Offer, formation and content of the contract

  • The offers of HL Collection AG are binding in accordance with the deadline contained therein. In the absence of information to this effect, the offer is binding for 30 days. Verbal offers from HL Collection AG are non-binding and subject to change.
  • The order placed by the customer verbally or in writing is binding for him. HL Collection AG is entitled to accept this offer within 5 working days by sending an order confirmation or to deliver the ordered goods to the customer within this period.
  • The customer may only assign claims against HL Collection AG to third parties with the prior written consent of HL Collection AG.

 

Prices, delivery and packaging surcharges

  • Prices are subject to change at any time without notice. The prices valid on the day of delivery shall apply.
  • Deliveries are always made in accordance with the price list. Additional costs caused by the customer due to a different type of forwarding and construction site deliveries can be charged 1 : 1.
  • Unless otherwise agreed, our delivery times are not binding. Delayed deliveries do not entitle the customer to withdraw from the contract, to claim damages, contractual penalties or other costs.
  • In the case of deliveries directly ex works, the freight charges levied by the factory shall be charged 1 : 1.
  • Delivery shall be made by lorry to the kerbside of the business address. Any lifting equipment such as forklift trucks and pallet trolleys must be provided and operated by the recipient of the goods. Express deliveries and special deliveries are at the expense of the customer.

 

Custom-made products

  • For custom-made products, a production-related excess quantity of up to +- 10% must be accepted. A deposit of 50% is required for custom-made products, production will only be released after receipt of payment.

 

Terms of payment

  • Within 10 days 2% discount, 30 days net (specialised trade)
  • Within 10 days net (wholesale)

 

Complaints

  • Complaints must be notified immediately in writing, acceptance protocol etc. In the event of justified complaints, HL Collection AG has the right to rectify the defect or deliver defective replacement goods within 30 working days. Complaints cannot be accepted after installation or gluing has been completed.


Parquet

  • Irregularities in the wood structure, especially differences in colour, are normal with this natural product and do not constitute a defect, which does not guarantee a claim for replacement. Occurring cracks are possible in the appearance of tropical woods and a small amount of sapwood must be expected. Colour deviations and irregularities may even out over time.

 

Returns

  • Returns must be notified in advance so that all necessary paperwork can be prepared. Any transport costs and deductions made by the production plant will be charged to the customer. The credit note will be issued and sent to the customer after receipt and inspection at the production plant. Returns are possible within 10 working days.

 

Contract fulfilment

  • If a delivery date has been agreed between the contracting parties and the delivery date is delayed for reasons for which HL Collection AG is not responsible, the delivery date shall be postponed accordingly. In this case, exceeding the delivery deadline shall not entitle the Purchaser to withdraw from the contract, refuse acceptance or claim damages.
  • If it has been agreed that the goods will be collected from HL Collection AG, the contract shall be deemed to have been fulfilled as soon as the Purchaser is first notified of the goods for collection.
  • If it has been agreed that HL Collection AG is to effect delivery by the carrier, the contract shall be deemed to have been fulfilled as soon as HL Collection AG hands over the goods to the carrier.
  • If it has been agreed that HL Collection AG will deliver the goods itself, the contract shall be deemed to have been fulfilled as soon as HL Collection AG first holds the goods ready for unloading at the destination and first notifies the Purchaser of this.

 

Reservation of ownership

  • Ownership of the delivered goods shall not pass to the buyer until all liabilities arising from the business relationship have been paid in full.
  • The buyer may not freely dispose of the reserved goods.
  • In the event of access by third parties, in particular in the event of debt collection, debt enforcement and bankruptcy proceedings, the Purchaser must point out the ownership of HL Collection AG and inform the latter immediately.

 

Checking and acceptance of deliveries and services

  • If the goods are collected from HL Collection AG, the Buyer must check that they are undamaged and correct before taking delivery of the goods. If the goods are delivered by a forwarding agent or by HL Collection AG, the customer must check the goods for transport damage and correctness on unloading and report any damage immediately to the forwarding agent and to HL Collection AG. A note to this effect must also be made on the delivery note, which is to be visually inspected. The damage must be confirmed by the driver. If a complaint is made, the goods shall be deemed to have been handed over undamaged.
  • Notifications of defects, which do not relate to transport damage, must be made in writing within 8 days of receipt of the goods. If this timely notification of defects is not made, the goods shall be deemed to have been approved. If the goods have already been processed, the notification of defects is excluded.

 

Warranty, liability for defects

  • The statutory warranty periods apply.
  • HL Collection AG shall assume the warranty for defects and faults in contractual products or their parts which demonstrably occur within the warranty period as a result of poor materials or faulty manufacture. Replaced contractual products or their parts shall become the property of HL Collection AG. However, the cost of the replacement delivery may in no case exceed the respective current value of the entire delivery originally supplied.

 

Returns of goods

  • Subject to the agreement of HL Collection AG, goods can be taken back within 15 days of delivery, whereby transport is at the risk and expense of the purchaser.
  • Goods will only be taken back if they are still in their original packaging. Opened colis or packages will not be taken back.
  • Returns of custom-made products are excluded.
  • Returns without prior agreement will not be accepted and will not be credited.

 

Dispute

  • In the event of a dispute, reference is made to Swiss law.
  • Olten-Gösgen Magistrates' Court, Römerstrasse 2, 4600 Olten

 

Däniken, 01 January 2019