Terms and conditions
TERMS AND CONDITIONS OF THE ONLINE SHOP OF ALUMO AG
IMPORTANT NOTE: These Terms and Conditions apply exclusively to business‑to‑business (B2B) transactions.
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1. GENERAL PROVISIONS
1.1 Disclosure of the shop operator
The online shop www.alumo-shop.com (hereinafter referred to as the “Online Shop”) is operated by ALUMO AG (hereinafter referred to as the “Seller”), based in Herisau, Switzerland, and whose contact details are:
ALUMO AG
Saumstrasse 4
9100 Herisau
Switzerland
CHE 108.251.606 VAT
Telephone number: +41 71 353 33 77 (call charges may vary according to network operator)
Email address: info@alumo.ch
1.2 Use of the Online Shop
Use of the Online Shop requires certain technical requirements to be fulfilled on the part of the website visitor’s device and the existing internet connection. The Seller does not guarantee uninterrupted availability of the Online Shop and may temporarily restrict access due to maintenance, updates, or technical reasons.
1.3 Scope of these Terms and Conditions
These Terms and Conditions apply to all orders for goods made via the Online Shop and contracts concluded with the Seller.
The Online Shop is addressed exclusively to customers acting in the exercise of their commercial or professional activity. By placing an order, the customer confirms that he is not acting as a consumer within the meaning of applicable consumer protection legislation.
Contracts with consumers are excluded. Mandatory consumer protection provisions shall not apply.
The Seller is entitled to rely on the customer’s declaration of professional capacity and is not obliged to verify consumer status.
1.4 Validity of these Terms and Conditions
These Terms and Conditions apply in the version that is valid at the time at which the contract is concluded. Depending on the customer’s device, this document can be printed out and/or saved. The Seller stores the contract text electronically.
1.5 Changes to these Terms and Conditions
The Seller reserves the right to make changes to these Terms and Conditions at any time. Changes shall not affect contracts already concluded.
2. REGISTERING / DELETING AN ACCOUNT
2.1
A personalised customer login is required to use the Online Shop. A login can be requested on the website login page. The customer warrants that all information provided during registration is accurate and up to date and relates to a business entity.
2.2
After successfully completing the registration process, the customer will be admitted to the system. There is no entitlement to registration or continued access.
2.3
This authorisation can be revoked by the Seller at any time. In this case, the Seller is entitled to block and delete the username and the corresponding password immediately. In particular, the Seller is entitled to delete the account if the customer has been inactive for more than three years. Statutory retention obligations remain unaffected.
2.4
The customer has the option of having his or her personal customer login deleted at any time, without needing to give any reason. Account deletion does not affect outstanding contractual obligations.
3. CONCLUSION OF CONTRACT
3.1
None of the product information in the Online Shop constitutes an offer to conclude a contract of purchase with the customer. It is non-binding.
3.2
Images in the Online Shop are for illustration purposes only and are non-binding, especially with regard to the correct representation of the colours of the products. Minor deviations customary in trade do not constitute defects.
3.3
If the customer submits an order via the Online Shop (by clicking the “Order and Pay” button), email, telephone or other communication channels, this represents a binding offer to conclude a contract for purchase. Prior to submitting the order, the customer must review and correct input errors using the technical means provided. The confirmation of receipt of the order sent by email by the Seller does not yet constitute acceptance.
3.4
The contract for purchase is concluded when the Seller accepts the customer’s offer by sending the ordered product and confirming the shipment to the customer in a separate email by means of an order confirmation. Products that are not mentioned in the shipping confirmation are not covered by the contract.
3.5
Up until the ordered products are sent, the Seller is entitled to refuse or not deliver orders, in whole or in part, with or without stating reasons.
3.6
Products that are temporarily unable to be delivered will be removed from the order; the remainder of the order remains valid.
3.7
The Seller does not assume any procurement risk. If an item proves unavailable after order confirmation, the order shall be cancelled with respect to the affected items. Any claims for damages are excluded to the extent permitted by law.
3.8
The customer may be notified of errors in product information and may receive a counter‑offer.
3.9
The Seller is entitled to make partial deliveries. The Seller shall bear any additional shipping costs. Partial non‑delivery does not entitle the customer to withdraw from the entire contract.
4. PRICES, PAYMENT METHODS AND DEADLINES
4.1
The prices listed at the time of the order apply. All prices are exclusive of statutory VAT, unless the customer is situated in the country where the product is shipped. Shipping costs are charged separately. For cross‑border EU deliveries and worldwide deliveries, VAT treatment depends on the applicable tax regime (e.g. reverse‑charge mechanism or export rules).
4.2
The Seller only accepts the payment methods shown during the ordering process.
4.3
Unless expressly agreed otherwise in writing, all orders are payable in advance. The purchase price and any shipping costs are due upon conclusion of the contract, unless expressly agreed otherwise in writing.
4.4
Promotional prices apply only during the stated promotion period.
4.5
The Seller retains title to the goods until full payment has been received. The customer authorises the Seller to register the retention of title where required.
5. LATE PAYMENT AND ASSIGNMENT
5.1
If, in exceptional cases, payment is not made in advance, is only partially made, or is reversed for any reason, the outstanding amount shall become immediately due upon notification by the Seller.
5.2
Upon default, customer shall owe an interest of five per cent (5%) p.a. pursuant to Art. 104 of the Swiss Code of Obligations (OR).
5.3
The Seller may assign or pledge claims to third parties.
6. DELIVERY
6.1
Delivery is made to Switzerland and to countries listed in the dedicated FAQ section (“which countries do we ship to”).
6.2
Delivery methods depend on the selected payment method.
6.3
Delivery times are estimates and not binding unless expressly agreed. Delays do not entitle the customer to withdraw or claim damages.
6.4
Carrier transit times are added to delivery estimates.
6.5
Risk passes to the customer upon handover of the goods to the carrier. The Seller assumes no liability for transport damage.
7. WARRANTY
7.1
In case of defects existing at risk transfer, the Seller may, at its discretion, repair, replace, refund, or cancel.
7.2
The customer must inspect goods immediately upon receipt.
7.3
Defects must be notified in writing within 14 days of receipt.
7.4
Hidden defects must be reported immediately upon discovery.
7.5
Any extension of statutory warranty rights is excluded. Otherwise, the provisions of the Art. 197 ff of the Swiss Code of Obligations (OR) apply.
8. RIGHT OF CANCELLATION
There is no statutory right of withdrawal in B2B transactions. Any cancellation is voluntary.
8.1
Return costs and risk are borne by the customer unless delivery was incorrect.
8.2
Returned goods must be unused and in original condition.
8.3
Cut or tailored goods are excluded from return.
9. TERMINATION BY THE SELLER
9.1
The Seller may terminate the contract for cause with seven days’ notice and restrict access to the Online Shop.
9.2
The Seller may reject offers for certain payment methods for cause.
10. LIABILITY
10.1
Liability is excluded except for intent or gross negligence.
10.2
Liability for slight and moderate negligence is excluded to the extent permitted by law.
10.3
Liability for auxiliary persons is excluded.
10.4
No liability is assumed for third‑party website content.
11. LICENCE
11.1
All IP rights remain with the Seller or its licensors.
11.2
Use is permitted solely for business use of the Online Shop.
11.3
Customer‑provided content grants the Seller a non‑exclusive, worldwide licence for contract performance.
12. DATA PROTECTION
The Seller processes personal data in accordance with applicable Swiss data protection law and, where applicable, the EU GDPR. Details are set out in the Privacy Policy, which forms an integral part of these Terms and Conditions.
13. APPLICABLE LAW
Swiss law applies. The CISG is excluded.
14. JURISDICTION
The exclusive place of jurisdiction is the Seller’s registered office.