Terms of Conditions
Valid from: July 2012
§ 1 General – Scope of application
(1) These conditions of sale form an integral a part of all contracts concerning either or both goods and services and are applicable to all future transactions between Gold Sugar AG and the customer.
§ 2 Agreed service or product
(1) The order as submitted by the customer (for example by internet, e-mail, fax, telephone or letter) constitutes a binding offer to conclude a contract.
(2) Gold Sugar AG is entitled to accept this offer within two weeks by remitting a written confirmation of contract (for example by e-mail, fax or letter).
§ 3 Consumer cancellation rights, consequences of cancellation
(1) In the event of an order being submitted for brand new goods, legal cancellation rights shall apply.
N.B.: In accordance, the cancellation rights existing under law for distance contracts do not apply to goods prepared according to individualised customer instructions or which have been clearly tailored for personal needs. This does not affect our legal obligation regarding quality defects.
§ 4 Price – Payment terms
(1) Prices are derived from the product description or the offer. Payment of the purchase price is obligatory in its entirety upon receipt of the confir-mation of contract, unless otherwise stated as part of the order process, the delivery documents, the invoice or the confirmation of contract. The customer shall bear sole responsibility for customs duties and taxes relating to deliveries and these costs will not be included in the purchase price nor in the delivery costs.
(2) The purchase price must be paid in advance. The customer may choose from the following payment options:
• Advance bank transfer to Gold Sugar AG’s bank account
• Advance transfer to Gold Sugar AG’s PayPal account
Processing of the customer order begins with payment of the order amount stated in the confirmation of contract, upon receipt of the goods by Gold Sugar AG and payment of the order price.
(3) The customer’s offset rights shall apply only if his/her counter-claims have been ascertained to be legally binding, uncontested or have been recognised in writing by Gold Sugar AG. Furthermore, he/she is only entitled to exercise the right to withhold
payment if his/her counterclaim is based on the same contractual relationship.
§ 5 Delivery – Delivery period
(1) Delivery shall take place at the address supplied by the customer. Adherence to Gold Sugar AG’s delivery commitment further presupposes the timely and correct fulfilment of the customer’s commitments. The right to the plea of non-performance of the contract is reserved.
(2) Partial deliveries are permissible provided that the customer deems them reasonable.
(3) If the customer is in default of acceptance or if he/she intentionally violates other obligations to cooperate, Gold Sugar AG shall be entitled to claim compensation for the damages it incurs in this respect, including recompense for any additional expenditure. Further claims or rights remain reserved.
(4) Insofar as the preconditions for section (3) above are present, the risk of accidental destruction or deterioration of the delivery item passes to the customer at the point in time where the latter is in default of acceptance or in payment default.
(5) The statutory liability stipulations apply insofar as the sales contract underlying this is a transaction subject to fixed dates. This shall also apply insofar as the customer is entitled to bring a claim to bear as the consequence of a default in delivery that is the fault of Gold Sugar AG such that the customer’s interest in the fulfilment of the contract is now no longer applicable.
(6) Gold Sugar AG is also liable according to statutory stipulations insofar as a default in delivery is a result of an intentional or grossly negligent breach of the contract on the part of Gold Sugar AG; fault on the part of our representatives or auxiliary persons is also the responsibility of NOBLINE. Insofar as a default in delivery is not due to a breach of the contract involving gross negligence on the part of Gold Sugar AG, the company’s liability to pay compensation is limited to the foreseeable damage typically occurring.
(7) According to the statutory stipulations Gold Sugar AG is also liable insofar as a default in delivery is due to the intentional breach of a significant obligation in the contract; in this case, however, the liability to pay compensation for damages is restricted to the foreseeable damage typically occurring.
(8) In the event of delayed performance, Gold Sugar AG shall also be held liable according to statutory stipulations in the case of intentional or gross negligence on the part of Gold Sugar AG or a representative or auxiliary agent of the company. In other cases of delayed performance, the damages payable as compensation by Gold Sugar AG shall be limited to 5% of the value of the delivery in the case of provision of the delivery, or 15% of the value of the delivery in the case of non-provision of the delivery. In other respects, Gold Sugar AG shall only be liable for injury to life, body or health. Further claims by the customer on account of delayed performance are excluded.
(9) A change in burden of proof to the customer’s disadvantage is not incorporated in the aforementioned provisions.
§ 6 Liability for defects
(1) The customer is obliged to notify Gold Sugar AG in writing within 14 days of receipt of the goods regarding obvious material defects and defects of title; remittance of notice to Gold Sugar AG within the period shall be sufficient. The customer should describe defects in as much detail as possible.
(2) Customer claims for defects presuppose that he/she has correctly followed inspection; above all written notice notwithstanding paragraph (1) must follow promptly.
(3) Insofar as there is a defect in the delivery item, Gold Sugar AG shall be obliged, as it deems most suitable, to deliver subsequent performance in the form of the rectification of a defect or provision of a new, defect-free item. In the case of rectification of the defect, Gold Sugar AG is obliged to bear the costs of all necessary expenditure, so long as these are not increased by the delivery item being conveyed to a place other than the place of performance. If the subsequent fulfilment of performance does not take place, the customer is, as he/she chooses, entitled to withdraw from the contract or to seek a reduction.
N.B.: Gold Sugar AG makes every effort to represent the colour of the product as displayed on the website as realistically as possible. However, the colours seen online nevertheless depend to a great extent on the screen being used and its settings. Differences in the products depicted from the original colour are contingent upon technological aspects (for example settings and technology in different laptops or monitors and graphics cards) and consequently do not constitute defects. NOBLINE offers no warranty as regards these differences.
(4) Gold Sugar AG is liable in accordance with the statutory stipulations insofar as the customer brings claims for compensation to bear based on intent or gross negligence, including the intent or gross negligence of Gold Sugar AG representatives or auxiliary agents. Insofar as NOBLINE may not be accused of any deliberate breach of contract, the liability for damages is limited to foreseeable damage typically occurring.
(5) Gold Sugar AG is liable in accordance with the statutory stipulations insofar as it intentionally breaches a significant contractual obligation; in such cases the liability for damages is limited to foreseeable damages typically occurring.
(6) Insofar as the customer is entitled to a claim for compensation for damage rather than performance, the liability, also within the context of section (3) above, is limited to foreseeable damages typically occurring.
(7) Liability relating to culpable injury to life, body or health remains unaffected; this also applies for liability in accordance with the product liability law.
(8) Insofar as nothing different has been stipulated above, liability is excluded.
§ 7 Joint Liability
(1) More extensive liability for compensation than that envisaged in § 6 is – without regard for the legal nature of the claim brought to bear – excluded. This shall apply in particular to compensation claims deriving from fault relating to conclusion of the contract, or to other breaches of obligation or to delict claims for compensation for material.
(2) The limitation stated in section (1) above shall also apply in cases where, instead of a claim for compensation for damage, the customer demands compensation for void expenses instead of the performance of services.
(3) Insofar as Gold Sugar AG liability for damage compensation is excluded or limited, this shall also apply with regard to the personal liability for paying damage compensation of the company’s employees, staff, representatives and auxiliary agents.
§ 8 Statutory period of limitation for compensation
(1) The statutory period of limitation for compensation claims on account of defects shall cover one year irrespective of the legal basis.
(2) The statutory periods of limitation applicable to compensation claims as in section (1) shall also apply for other compensation claims against Gold Sugar AG, irrespective of their legal basis. They shall also apply insofar as the claims are not related to a defect.
(3) The above mentioned statutory periods of limitation apply in accordance with the following:
• The statutory periods of limitation do not generally apply in the case of intentional or fraudulent lack of admission of a defect or insofar as the vendor has provided a warranty for the quality of the delivered item.
• The statutory periods of limitation shall moreover not apply to compensation claims relating to injury to life, body or health or freedom, to claims made in accordance with Swiss product liability law, in cases of a gross neglect relating to obligations or with regard to an intentional breach of significant obligations under contract.
(4) The statutory period of limitation relating to all compensation claims begins with delivery.
(5) Insofar as compensation claims shall be stated in this provision, claims for replacement of wasted expenditure are also covered.
(6) Insofar as nothing to the contrary is expressly stated, legal stipulations concerning the beginning of the statutory period of limitation, the suspension of expiry, delays and new starts of periods shall remain unaffected.
§ 9 Reservation of title
(1) Gold Sugar AG reserves the right to the ownership of the goods being purchased until all payments due under the delivery contract have been received. In the event of conduct by the customer contrary to the terms of the contract, in particular as regards delay in payment, Gold Sugar AG is entitled to recover the goods being purchased. Recovery by Gold Sugar AG of the goods being purchased places the contract in rescission. After the goods being purchased have been recovered, Gold Sugar AG is entitled to use them and apply the proceeds towards settling the customer’s accounts – with the deduction of appropriate processing costs.
(2) In the case of seizure or other actions by third parties, the customer must inform Gold Sugar AG of this without delay so that corresponding action can be. Insofar as the third party is not in the position to reimburse legal and extrajudicial costs of an action to Gold Sugar AG the customer is liable for any deficit incurred.
§ 10 Recording of personal data – Consent, data protection
(1) The customer declares himself/herself to be in express agreement that any personal details submitted by himself/herself may be stored by Gold Sugar AG or by a third party authorised by Gold Sugar AG for the duration of the contract and its execution and also subsequently with regard to maintaining the customer relationship. Legal regulations will be observed with regard to all data processing procedures (for example recording, processing and transmission).
(2) Gold Sugar AG shall be obliged to the customer to only use saved data for its own purposes and for fulfilment of the order. In the event of goods being ordered, personal data is passed on to the courier company for the purposes of correctly making deliveries, insofar as they are necessary for the delivery of goods. However, this only occurs in circumstances in which it is necessary. Apart from this, Gold Sugar AG is not permitted to pass on data to non-participatory third parties, except when a legal or statutory obligation to do so exists. Address and order details will be retained and processed for own marketing purposes.
N.B.: The customer may refuse the usage, processing and transmission of personal data for marketing purposes at any time by sending a message in any format by post to Gold Sugar AG, ℅ Caralweg 5, 7203 Trimmis, Switzerland or by e-mail to firstname.lastname@example.org. Data required for the fulfilment of orders are excluded in this regard. Apart from for fulfilment of orders, customer data will not be used for other purposes following receipt of such a request.
§ 11 Court of jurisdiction – place of fulfilment
(1) Insofar Gold Sugar AG’s place of business is the place of jurisdiction; Gold Sugar AG’s is however entitled to take legal action against the customer in the court with jurisdiction over the customer’s domicile.
(2) The law of Switzerland shall apply; the application of the UN Convention on the
Contracts for the International Sale of Goods is excluded. (3) The place of business is Trimmis, Switzerland.