Terms of service
1. General
1.1 These General Terms and Conditions of Sale are binding as soon as they are declared applicable in the offer or order confirmation of BEAT BUCHER AG. Any deviating provisions are only valid if they have been confirmed in writing by BEAT BUCHER AG.
1.2 Any verbal agreements must be confirmed in writing to be binding.
1.3 For customers using our online shop, the specific terms and conditions of use of the online shop, available at www.bbag.ch/agb, apply in addition.
1.4 These terms and conditions of sale are valid from January 1st 2025.
2. Price
Prices are quoted in CHF = Swiss francs. The list prices valid at the time of delivery of the goods shall apply.
2.1 All prices quoted in offers, catalogues and price lists are non-binding recommended prices (excluding VAT).
3. Terms of payment
3.1 Invoices are payable by the customer within 30 days without deduction. Further payment terms, such as different payment periods, discounts, expenses, taxes and fees, must be agreed in writing.
3.2 Unauthorised deductions will be charged subsequently.
3.3 The customer shall only be entitled to refuse acceptance in the event of significant quality defects.
3.4 In the event of non-compliance with the terms of payment, BEAT BUCHER AG shall be entitled to withdraw from the delivery obligation and to assert claims for damages.
3.5 If the customer fails to meet these payment deadlines, they shall be liable to pay default interest at a rate of 4% above the respective discount rate of the Swiss National Bank from the due date without reminder.
3.6 In the event of repeated non-compliance with payment obligations, BEAT BUCHER AG reserves the right to make deliveries against advance payment.
3.7 Different payment terms for object lighting.
4. Retention of title
4.1 BEAT BUCHER AG retains ownership of the deliveries until all payments under the purchase agreement have been received. 4.2 The customer is obliged to cooperate in any measures necessary to protect the property of BEAT BUCHER AG. In particular, by concluding the contract, the customer authorises BEAT BUCHER AG, at the customer's expense, to enter or register the retention of title in public registers, books or similar in accordance with the relevant national law and to complete all formalities in this regard.
4.3 BEAT BUCHER AG is entitled to insure the deliveries against theft, breakage, fire, water and other damage at the expense of the customer, unless the customer can prove that he has taken out such insurance.
4.4 The customer may neither pledge the deliveries nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the purchaser must notify the supplier immediately.
4.5 If the purchaser processes or sells the goods subject to retention of title in contravention of this agreement, BEAT BUCHER AG shall not lose ownership, but shall acquire co-ownership of the new item.
5. Shipping costs
5.1 For orders with a gross goods value of CHF 1000 or more, excluding VAT, BEAT BUCHER AG will deliver free of charge within Switzerland, including packaging.
5.2 For deliveries with a gross goods value of less than CHF 50, a small order surcharge of CHF 10 will be applied.
5.3 The fees for express or express shipping requested by the customer shall be borne in full by the customer.
5.4 BEAT BUCHER AG expressly reserves the right to make changes in the event of increased freight costs.
6. Packaging
6.1 Packaging shall be invoiced by the Supplier and shall not be taken back. However, if it has been designated as the property of the Supplier, it must be returned by the Purchaser to the place of departure at the Purchaser's expense.
7. Shipping, transport, insurance
7.1 Special requests regarding shipping, transport and insurance must be communicated to BEAT BUCHER AG in good time. Transport shall be at the expense and risk of the customer.
7.2 Complaints relating to shipping or transport must be addressed by the customer to the last carrier upon receipt of the delivery or freight documents and confirmed by the latter in writing. BEAT BUCHER AG must be informed of the complaint made to the carrier by the customer.
8. Transfer of benefits and risks
8.1 The benefits and risks shall pass to the customer at the latest upon dispatch of the delivery ex works. At the customer's request, BEAT BUCHER AG shall insure the delivery at the customer's expense against theft, breakage, transport, fire and water damage as well as other insurable risks.
8.2 If dispatch is delayed due to circumstances for which the customer is not responsible, the risk shall pass to the customer from the date on which the goods are ready for dispatch; however, BEAT BUCHER AG shall be obliged, at the request and expense of the customer, to take out the insurance requested by the customer.
9. Inspection and acceptance of delivery
9.1 The customer must inspect the deliveries upon receipt and report any defects to the supplier in writing without delay.
9.2 If the delivery proves not to be in accordance with the contract upon acceptance, the customer must give BEAT BUCHER AG the opportunity to remedy the defects. If rectification or replacement delivery is not possible, the customer may choose between a reduction in the purchase price (abatement) or cancellation of the contract (rescission).
9.3 Returns of goods delivered in accordance with the order and in perfect condition require the prior written consent of BEAT BUCHER AG. The goods must be delivered carriage paid and in their original packaging. When crediting such returns, BEAT BUCHER AG shall deduct the expenses incurred by it, as well as the costs of repackaging, removing foreign labels, inspecting the goods upon receipt, etc. Returns without consent will not be accepted by BEAT BUCHER AG at its discretion or will be credited with a 70% deduction. Goods that BEAT BUCHER AG has specially ordered from the supplier, i.e. goods that are not stock items, cannot be returned.
10. Order fulfilment
10.1 In the case of call-off orders, the customer is obliged to accept all ordered material within the specified period.
10.2 The cancellation or suspension of orders by the customer requires the written consent of BEAT BUCHER AG. In the event of order cancellations, the costs incurred by BEAT BUCHER AG must be reimbursed.
11. Delivery dates
11.1 Goods held in stock can be dispatched within one week. We reserve the right to prior sale. For all other goods, the date stated on the order confirmation applies.
11.2 The delivery period confirmed by BEAT BUCHER AG refers to the date of dispatch or the date on which the customer is notified that the goods are ready for dispatch. However, the delivery period shall not commence before the customer has provided the documents, approvals and releases to be procured by the customer and before receipt of an agreed payment.
11.3 The delivery period shall be extended appropriately if the information required by BEAT BUCHER AG from the customer is missing, if the customer subsequently changes the information, or if obstacles (operational disruptions, accidents, strikes, etc.) arise which BEAT BUCHER AG could not avert despite exercising due care and which have a significant influence on completion or delivery, regardless of whether they were caused by BEAT BUCHER AG or a subcontractor. strikes) arise which BEAT BUCHER AG could not avert despite exercising due care and which demonstrably have a significant influence on completion or delivery, regardless of whether they arise at BEAT BUCHER AG, at the customer or at a third party. This also applies if the circumstances occur at subcontractors.
11.4 If the customer incurs damage due to a delay caused by BEAT BUCHER AG, they shall be entitled to claim compensation for the delay. This shall amount to a maximum of 4% of the value of that part of the total delivery which could not be delivered on time or in accordance with the contract as a result of the delay.
11.5 The customer shall grant BEAT BUCHER AG a reasonable period of time to make a replacement delivery. If the customer is helped by a replacement delivery, the claim for compensation for delay shall lapse.
12. Warranty
12.1 The warranty period is 12 months from the transfer of risk.
12.2 BEAT BUCHER AG undertakes, upon written request by the customer, to replace free of charge any parts that become defective or unusable as a result of poor materials, faulty design or poor workmanship before the expiry of the warranty period. The warranty period shall recommence for replaced or repaired parts and shall be 6 months from the date of replacement. Replaced parts shall become the property of BEAT BUCHER AG.
12.3 The relevant delivery note or copies of the invoice must be enclosed with the return of defective goods.
12.4 Damage resulting from natural wear and tear, unsuitable or improper use, failure to observe operating instructions, excessive strain or other reasons for which BEAT BUCHER AG is not responsible is excluded from the warranty.
12.5 Liability is excluded for damage resulting from improper modifications or repairs carried out by the customer or third parties without the prior consent of BEAT BUCHER AG.
12.6 Further claims by the customer, in particular claims for compensation for damage not caused to the goods of BEAT BUCHER AG itself, are excluded. This exclusion of liability does not apply in cases of intent or gross negligence on the part of BEAT BUCHER AG, its employees or auxiliary persons, and in cases where, under the Federal Product Liability Act, liability is incurred for personal injury or property damage to privately used items in the event of defects in the delivery item. It also does not apply to defects and characteristics that are expressly warranted if the warranty was specifically intended to protect the customer against damage that did not occur to the delivery item itself.
12.7 All load specifications listed in the catalogue are approximate values. A warranty is excluded.
13. Place of fulfilment
13.1 The place of performance and jurisdiction is Tägerwilen. The customer expressly declares that they waive their right to their place of ordinary residence as the place of jurisdiction and submit to the place of jurisdiction agreed here. However, BEAT BUCHER AG is also entitled to bring legal action at the customer's place of business.
13.2 The legal relationship is governed by Swiss law.
14. Advance recycling fee
14.1 The Ordinance on the Return, Recycling and Disposal of Electrical and Electronic Equipment (VRG) has been expanded to include lighting equipment and luminaires. For this reason, manufacturers and importers of lighting equipment and luminaires will levy a disposal fee from 1 August 2005 to finance the return and disposal of this equipment. The advance disposal fee (VEB) will subsequently be referred to as vRG, which is the established term. The fee will be levied on low-pressure and high-pressure lamps and on luminaires. Incandescent lamps and halogen lamps are not subject to the fee; starters and control gear are considered luminaire components and, as such, are part of a luminaire. The tariffs and lists of appliances are available from the Swiss Light Recycling Foundation (SLRS) or can be viewed at www.slrs.ch. Light bulbs are subject to a uniform contribution (one tariff level), while luminaires are divided into different tariff levels due to their complexity. The tariffs are uniform throughout Switzerland and are subject to the Ordinance on the Publication of Prices (PBV) published by SECO (State Secretariat for Economic Affairs). The current information sheet dated 1 June 2005 is available at www.slrs.ch.
15. Data protection
15.1 Confidentiality: Beat Bucher AG and Beat Bucher GmbH adhere to the applicable legal provisions when handling customer data, in particular those of the Data Protection Act. Data and information about individuals will be treated as strictly confidential.
15.2 Website: The address details of customers are collected for the purpose of processing orders. We store this data in our customer file. For detailed information on the use of cookies, please refer to the following page: https://bbag.ch/cookies