RDLux - General conditions of sale and delivery - V 06.19
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General / Scope of application
The following General Terms and Conditions of Sale apply to sales contracts concluded between RDLux SA and private or professional customers.
The customer expressly acknowledges these conditions when placing an order.
The buyer expressly waives the right to enforce any deviating contractual conditions. In particular, any purchase conditions of the buyer are not applicable.
These terms and conditions currently come into force and replace all former general terms and conditions of business.
RDLux SA is not obliged to accept orders if the customer has not paid in full for previous purchases or if the customer is subject to legal proceedings. If the customer is in arrears with payments only after the conclusion of the sales contract, RDLux AG has the right to withdraw from the contract at any time and without any compensation, and to invoice the deliveries and services already provided.
Prices, illustrations and orders
The dimensions, weights, technical data and packing units shown in the illustrations are not binding.
Prices are quoted in Swiss francs net, excluding taxes and VAT.
RDLux SA reserves the right to change prices at any time without prior notice.
Discounts after the order or after receipt of the order confirmation are not provided for, if this has not been agreed beforehand.
Terms of delivery and acceptance, transfer of risk and profit
Delivery charges are calculated separately and vary depending on the product, the type of delivery and the destination. The goods are always dispatched under the responsibility of the buyer.
Express delivery and specific packaging costs are the responsibility of the buyer.
RDLux SA delivers exclusively on Swiss territory.
As a general rule, delivery dates can only be given without obligation. RDLux does not commit itself in case of failure or non respect of the delivery dates by our own suppliers. Delays in delivery do not entitle the customer to withdraw from the sales contract or to claims for damages of any kind. If a longer delivery period is necessary or if this period is extended, the customer will however be informed in due time by RDLux NV.
If the sales contract consists of several articles, the delivery is carried out as a block, as soon as the order is complete and ready for delivery.
RDLux NV is only obliged to make partial deliveries if this has been explicitly agreed with the customer.
If an acceptance has been agreed with the buyer, the buyer will be informed as soon as the goods are ready at the agreed place. If the buyer does not pick up the goods despite a reminder, RDLux NV is entitled, two months after the arrival of the goods, to withdraw from the sales contract without further information and to use the goods for any other purpose or to return them to the supplier. In such a case, RDLux NV reserves the right to charge the actual costs and expenses.
The transfer of risk and profit of the goods takes place when the goods are handed over to the customer (delivery or direct sale from stock and immediate collection).
Liability and guarantee
A warranty of two years from delivery is granted for defects in construction and materials that occur during normal use. If the manufacturer’s factory warranty provides for a longer warranty period, the latter shall apply.
Excluded from the warranty are damages due to improper use or intervention, normal wear and tear, ageing or improper treatment. The guarantee expires if, despite visible defects, the purchaser processes or modifies the goods.
The purchaser is obliged to inspect the delivered goods as soon as possible. Complaints must be made within 7 days of receipt of the goods. Defects that appear later, i.e. within the warranty period, must be reported immediately, at the latest three days after their discovery.
Defects are repaired by RDLux Ltd. free of charge within the framework of the guarantee, as long as RDLux Ltd. does not prefer to replace the defective goods with defect-free goods. Further claims are excluded.
RDLux AG is not liable for damages to the building (e.g. floors, walls) or furniture of the buyer due to the use of the goods. The buyer must ensure, before any use, that the product will not cause any damage.
Payment and retention of title
Invoices of RDLux NV are payable within 30 days after the complete provision of the service, and in any case 30 days after receipt of the invoice and without deduction. The possibility to deduct a discount must be agreed upon in a separate written agreement.
RDLux NV is entitled, under certain circumstances, to demand payment in advance or advance payments, even if the payment method « invoice » was agreed upon at the time of the conclusion of the sales contract.
In the event of non-payment within the deadline, the customer is deemed to be in arrears without further reminder. RDLux NV reserves the right to initiate legal proceedings after a second written reminder and to demand the costs of the reminder and legal proceedings, including 5% interest on arrears.
Retention of title: Until full payment of the purchase price, the goods remain the property of the seller. In the event of non-payment, the buyer is obliged, at the seller’s request, to return the goods in their original condition.
Return of the goods
Any return of merchandise must be preceded by prior agreement and accompanied by the delivery note. Only new and unused goods will be taken back. Goods must be returned in their original packaging. Goods that are the subject of a special order or damaged goods will not be taken back.
Applicable law and place of jurisdiction
The place of performance and exclusive place of jurisdiction is Geneva.