Terms of Service

  1. Provider and scope of the GTC

When contracts are concluded, the contracting party on the seller’s side is: Xentis Switzerland, Hofwisenstrasse 17, CH-8260 Stein am Rhein, e-mail: info@xentisswitzerland.ch. The General Terms and Conditions apply exclusively and in the version valid at the time the contract was concluded.

 

  1. Conclusion of contract

After the seller received an order (via telephone, fax or internet), the order was checked and, if the order was accepted, an order confirmation was sent by fax or e-mail or in another suitable form. The acceptance of the order is generally reserved. The contract is concluded with the seller’s declaration of acceptance.

 

  1. Prices and reservation of performance

All prices are gross prices in Swiss francs including VAT in accordance with Swiss law.

 

All prices quoted are non-binding. Price changes and price corrections are reserved, as is the delivery option. We also reserve the right to deliver an equivalent replacement if an item is not available. Reference is made to the customer’s right of withdrawal and thus also to his right to return the goods (see the following regulation under point 5).

 

  1. Payment and delivery modalities

The following payment options are accepted:

 

Payment in advance or cash on delivery plus costs for packaging, shipping and transport. These costs will be charged separately. Other payment options can be agreed separately in writing. The payment of the purchase price is due upon conclusion of the purchase contract. The total price of the order is to be paid free of charge and expenses and without deductions. The seller is entitled to temporarily make partial deliveries if part of the ordered goods is temporarily not available. Additional shipping costs are always borne by the seller. The shipping costs according to the item description apply. The seller bears the risk of damage during transport. The same also applies to the risk of accidental loss and accidental deterioration of the goods sold. If the buyer is in default of acceptance, the seller can claim compensation for the damage incurred as a result, whereby the buyer reserves the right to prove that the damage was lower.

 

  1. Right of Withdrawal/Revocation Instructions

The consumer is entitled to a revocation in accordance with the following instructions:

 

The buyer can revoke his contractual declaration within 14 days without giving reasons in text form or by returning the goods. In the case of goods deliveries, the period begins to run only on the day after receipt of the item, if the buyer has received this instruction at this point in time and the aforementioned obligations have been fulfilled. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation or the return must be sent to the seller at the address given under point 1. In the event of an effective revocation or effective return, the services received by both parties must be returned and any benefits (e.g. benefits of use) surrendered. If the buyer cannot return the received service at all or only partially or only in a deteriorated condition, he must pay compensation for the lost value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as would have been possible in a retail shop – or to the intended use. You can also avoid the obligation to pay compensation for a deterioration in the value of the item if you do not use the item as if it were your property and refrain from doing anything that could impair its value. The buyer must bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of CHF 60.00 or if the buyer has not yet paid the price for the item at the time of the cancellation consideration or a contractually agreed partial service. Otherwise, the return for the buyer is free.

 

  1. Right of revocation/revocation instructions excluded

Excluded from the return are commercial sales, custom-made products and replacement mufflers that are provided or equipped with a respective tailpipe design at the customer’s request.

 

  1. Returns

The return forms enclosed with the delivery must be used for returns. These should be filled out completely, with customer number, item number, etc., attached to the shipment. Returns that are shipped freight collect cannot be accepted.

The customer has to pay the shipping costs for the return.

  1. Complaints

Defective, damaged or incorrectly delivered goods will be exchanged after receipt. In order to clarify the facts and further coordinate the exchange modalities, we ask that you contact us directly before the return is made. This is a request with no legal obligation to do so

without disadvantages in the event of infringement. The goods can only be sent in in connection with a return form available from us.

In the case of a guarantee, the goods must be returned to us for a guarantee decision.

 

  1. Warranty Period

Unless otherwise agreed, the warranty period is two years from delivery of the goods. The warranty period is reduced to one year when buying used products. Consumers are asked to report obvious defects in the goods in writing within two weeks of receipt. The omission of the advertisement has no influence on the statutory warranty claims of the buyer. Defective items will be replaced immediately. Consumers have the choice of whether the supplementary performance should take the form of repairs or a replacement delivery. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. If the supplementary performance fails, the customer can, at his discretion, demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) as well as compensation. In the case of only minor defects, the customer has no right of withdrawal. If the customer chooses compensation, the limitations of liability set out below apply.

 

  1. Liability for Damage

Liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply in the case of injury to life, limb or health of the buyer, claims due to the breach of primary obligations and compensation for damage caused by delay. In this respect, the seller is liable for every degree of fault. Insofar as the seller’s liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of employees, employees, employees, representatives and vicarious agents. In particular, the seller is not liable for non-specific product-related information and tips that are offered free of charge, as well as for hyperlinks that refer to third-party offers.

 

  1. Retention of Title

The goods remain the property of the seller until final payment. If the goods delivered under retention of title are combined or mixed with other items, the seller acquires co-ownership of the new item or the mixed stock in the ratio of the value of the reserved goods (invoice amount including VAT) to the other mixed items at the time of mixing.

 

  1. Approval / Technical Information

The products sold lose their approval if they are modified arbitrarily. If parts without approval are used, the vehicle’s general operating permit will become invalid. The reports are the property of the Ostermann Gruppe GmbH. These reports are protected by copyright and may not be made publicly accessible, duplicated or distributed without the consent of Ostermann Gruppe GmbH. Any infringement will be prosecuted.

 

  1. Place of Performance, Jurisdiction and Applicable Law

The place for delivery of the ordered goods is the seller’s headquarters specified in the purchase contract. The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bills of exchange and checks, is Schaffhausen. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, relocates his domicile or usual place of residence abroad after the conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed. For the rest, in the event of claims by the seller against the buyer, the place of jurisdiction shall be his place of residence. The United Nations Convention of April 11, 1980 on contracts for the international sale of goods does not apply. Only Swiss law applies.

 

  1. Privacy

The buyer’s data required for processing the order will be stored and, if necessary, passed on to companies working together with the seller as part of the order processing. All personal information will be treated confidentially. For the purpose of the credit check, data is exchanged with other service providers. The legitimate interests of the buyer are taken into account.

  1. Liability for links and other content of third parties

Links (online connections) to websites operated by other providers, regardless of the question of ownership, are provided for use without obligation – with or without a special application. The contents of these pages are the sole responsibility of their operators. Should one of these connections give rise to complaints, we ask that you inform us as soon as possible.

 

  1. Invalidity of Individual Provisions

Should individual provisions of the GTC be ineffective or not valid, the effectiveness/validity of the remaining provisions shall remain unaffected.

 

  1. Miscellaneous

The general terms and conditions (GTC) listed above are also made available to the customer in normal written form.

 

  1. INTERNATIONAL and INTERNATIONAL payment options

 

18.1 Initial Order

Cash on delivery: When the goods are delivered, you pay the invoice amount and a payment card fee directly to the postman. Advance payment: Deliveries abroad are only processed against advance payment. Separate agreements require written confirmation.

 

  1. Payment from abroad

When paying from abroad, the following items must be specified:

IBAN number and SWIFT/BIC

In the event of non-compliance, we will pass on all costs incurred to us, such as bank fees, etc. directly to you.

 

  1. Shipping Notices

Unless otherwise agreed, a shipping fee will be charged for each delivery. This depends on the size and weight of the respective shipping package. The corresponding costs can be requested from us in advance. For deliveries abroad, the actual shipping costs will be charged. All shipping costs are to be paid without any deduction. We reserve the right to partially deliver the orders. Deliveries abroad can only be carried out as a complete delivery.