General terms and conditions

1. scope

1.1 These General Terms and Conditions shall apply in the respective version current at the time of the conclusion of the contract to all online business relations between Büchler Trommelbau GmbH and its customers.

1.2 These general terms and conditions shall apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognized unless Büchler Trommelbau GmbH has expressly agreed to them in writing in an individual case.

2. conclusion of the contract

2.1 The presentation of Büchler Trommelbau GmbH’s product range on computers accessible via the Internet does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.

2.2 By placing an order with Büchler Trommelbau GmbH via internet, e-mail, telephone or other communication channels, the customer makes an offer to conclude a purchase contract with Büchler Trommelbau GmbH. The customer will receive a confirmation of receipt of the order (order receipt confirmation). This confirmation does not represent an acceptance of the offer, but is only intended to inform the customer that the order has been received by Büchler Trommelbau GmbH. If necessary, Büchler Trommelbau GmbH will inform the customer separately about possible errors in the information about the product range on the website and submit a corresponding counter-offer.

2.3 The contract with Büchler Trommelbau GmbH is concluded when Büchler Trommelbau GmbH accepts this offer by sending the ordered product to the customer.

2.4 The acceptance is subject to the legal admissibility and availability of the ordered goods or services. If Büchler Trommelbau GmbH cannot accept the customer’s offer, the customer will be informed about the unavailability instead of the acceptance of the order. Temporarily unavailable products will be noted for the customer, the customer’s order remains in effect.

3. delivery, shipping

3.1 Büchler Trommelbau GmbH will deliver the ordered goods to the address specified by the customer in the order as soon as possible. Büchler Trommelbau GmbH is entitled to partial deliveries and partial services at any time, provided that these are reasonable for the customer. If partial deliveries are made by Büchler Trommelbau GmbH, Büchler Trommelbau GmbH will bear the additional postage costs.

3.2 Delivery shall be made at the shipping costs shown in each individual case.

3.3 The delivery time within Switzerland is normally 4-6 working days. For products that must be procured from abroad or are individually manufactured for the customer, the delivery time may be 4-6 weeks. Information about the expected delivery time is not binding. More detailed information on non-binding delivery times is available from Büchler Trommelbau GmbH.

4. retention of title, withdrawal from the contract

4. retention of title, withdrawal from the contract4.1 Büchler Trommelbau GmbH retains title to the goods until all payments arising from the purchase contract have been received. The customer shall inform Büchler Trommelbau GmbH immediately in writing of any seizure by third parties, in particular of execution measures as well as any other impairment of his property. The customer shall compensate Büchler Trommelbau GmbH for all damages and costs resulting from a violation of this obligation and from necessary intervention measures against access by third parties.

4.2 If the customer behaves contrary to the contract, in particular if the customer does not fulfill his payment obligation despite a reminder from Büchler Trommelbau GmbH, Büchler Trommelbau GmbH can withdraw from the contract after setting a reasonable deadline in advance and demand the return of the goods still in its ownership. Taking back the goods or seizure by Büchler Trommelbau GmbH shall constitute a withdrawal from the contract. The customer shall bear the shipping costs incurred in this case. Büchler Trommelbau GmbH shall be entitled to dispose of the goods after they have been returned.

4.3 Büchler Trommelbau GmbH reserves the right not to enter into a contract if the result of a credit check is negative.  

5. maturity and payment

5.1 Büchler Trommelbau GmbH only accepts the payment methods displayed to the customer during the order process.
5.2 Subject to paragraph 3, the purchase price and any shipping costs shall become due upon conclusion of the contract.
5.3 Büchler Trommelbau GmbH may require payment in advance without giving reasons. The order will be processed after receipt of payment.

5.4 If the customer is in default, Büchler Trommelbau GmbH is entitled to demand a lump sum for reminder costs in the amount of Fr. 15.00. The right of Büchler Trommelbau GmbH to claim higher damages, especially with regard to the enforcement of the claim by a collection agency or a lawyer, remains unaffected.

5.5 Vouchers are only redeemed under the conditions indicated on the voucher and exclusively for the product groups indicated on the voucher. It is not permitted to sell vouchers without the prior written consent of Büchler Trommelbau GmbH, to trade with them in any way or to credit vouchers purchased or auctioned by third parties.

5.6 In case of payment by means of a voucher, any remaining credit will be credited to the customer’s account and automatically applied to the next order.

6. revocation

6.1 The customer is entitled to revoke his declaration of intent to conclude the contract without giving reasons within 14 days after receipt of the goods in writing (e.g. letter, e-mail) or by returning the goods to Büchler Trommelbau GmbH. The period begins on the day of receipt of the goods by the recipient. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation in text form is to be sent to the address given in section 11 or by e-mail to info@trommelbau.ch. The customer bears the burden of proof for the dispatch of the goods to be returned.

6.2 In the event of an effective revocation, both parties must refund the services already received. If the customer can only return the received goods in a deteriorated condition, he must compensate Büchler Trommelbau GmbH to this extent.

6.3 The customer shall bear the costs and risks of the return shipment, unless the delivered goods do not correspond to the ordered goods. 6.4 Büchler Trommelbau GmbH shall exercise its right of retention until the goods have been returned in full. 6.5 The right of withdrawal is excluded for contracts.
6.5.1. on delivery of perishable goods.

6.5.2. about the delivery of goods which are not suitable for return due to their nature (e.g. downloads).

6.5.3. on the delivery of DVDs, CDs, videos, music cassettes and software, unless they are returned unused, shrink-wrapped or sealed and in the original packaging

6.5.4. about the delivery of goods made according to the customer’s specification (e.g. personal drums).

6.5.5 In the event of exclusion of revocation and return, the customer shall bear the costs of resending the goods to us.

7. customs, value added tax

7.1 Imports of goods into countries outside Switzerland may be subject to import duties, which shall be borne by the customer. These vary in different customs territories. The customer is responsible for the proper payment of the necessary duties and fees. Import duties are not shipping costs.

7.2 For delivery within Switzerland, the price shown includes the applicable statutory value added tax. For exports to other countries, the price shown is the net price excluding VAT.

8. warranty and liability

8.1 If the delivered goods are defective at the time of the transfer of risk, e.g. manufacturer’s defect, or if there is a wrong delivery, Büchler Trommelbau GmbH will provide a replacement delivery if possible. If the replacement delivery fails, the customer can demand the cancellation of the purchase. The claim expires if the customer does not notify Büchler Trommelbau GmbH of the defect or wrong delivery within 14 days after receipt of the goods or within 14 days after making the goods available for download by e-mail (info@trommelbau.ch), telephone or mail.

8.2 The liability of Büchler Trommelbau GmbH for its own fault as well as that of its employees, legal representatives and vicarious agents is limited to intent.

9. Adress

10. data protection

10.1 The data necessary for the business transaction will be stored in strict compliance with the applicable legal provisions and will be disclosed to other companies only for order processing. All personal data will be treated confidentially. Büchler Trommelbau GmbH is entitled to transfer the personal data to companies affiliated with Büchler Trommelbau GmbH for the purpose of credit checks and credit monitoring within the framework of a data exchange.

11. final clauses