§1 Validity of the Terms
The deliveries, services and offers from ShopVersand Filippi are carried out exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. When you order the goods or services, these conditions are deemed to have been accepted. The buyer's general purchasing conditions are hereby contradicted. Deviations from these terms and conditions are only effective if we confirm them in writing.

§ 2 Offer and conclusion of contract
The offers from ShopVersand Filippi in price lists and advertisements are subject to change and non-binding. Orders are only binding for ShopVersand Filippi after written confirmation. Order confirmations are only created upon express request. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guidelines and do not represent a guarantee of properties unless they are expressly stated in writing as binding. If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation.

§ 3 Prices
The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks or errands, the current price applies on the day of the order. Unless otherwise agreed, the prices are exclusive of transport costs and include VAT.

§ 4 Delivery and performance time
Delivery dates and deadlines are non-binding unless expressly agreed otherwise in writing. Any delivery dates and deadlines specified by ShopVersand Filippi are subject to correct and timely delivery to ShopVersand Filippi by its suppliers and manufacturers.

§ 5 Default of Acceptance
If the buyer refuses to accept the delivery items after a grace period has expired or declares that he does not want to accept the goods, ShopVersand Filippi can refuse to fulfill the contract and demand compensation for non-fulfillment. ShopVersand Filippi is entitled to claim either a flat rate of 25% of the agreed purchase price or compensation for the damage actually incurred from the buyer.

§ 6 Delivery
Visible quantity differences must be hidden immediately upon receipt of the goods Differences in quantity must be reported to ShopVersand Filippi and the carrier in writing within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the goods shipment.

§ 7 Transfer of Risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If shipping is delayed or becomes impossible through no fault of our own, the risk is transferred to the buyer upon notification of readiness for shipping. An agreed assumption of transport costs by ShopVersand Filippi in individual cases has no influence on the transfer of risk.

§ 8 Warranty
The warranty in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty will be void to the extent that the defect can be attributed to this. This also applies if the defect is due to improper use, storage and handling of the devices, or external intervention or the opening of devices. Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty rights. Liability for normal wear and tear and wearing parts is excluded. Warranty claims against ShopVersand Filippi are only available to the direct buyer and cannot be assigned.

§ 9 Right of Return
For returns, we require that the defective part or device be sent or delivered for repair to ShopVersand Filippi or the address provided by ShopVersand Filippi with a completed repair form and a copy of the invoice with which the device was delivered. The shipping costs are to be borne by the buyer. The replacement of parts, assemblies or entire devices does not result in any new warranty periods coming into effect. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices to be repaired, the buyer must ensure that the data on them is backed up by making copies, as these can be lost during repairs.

§ 10 Retention of Title
The delivered goods remain the property of ShopVersand Filippi until full payment has been made.

§ 11 Payment
Depending on the agreement, the invoices are payable via PayPal, advance payment, in cash or net within 14 days, unless otherwise agreed. For first-time orders, we generally require prepayment! Delivery is generally not free, i.e. at the buyer's expense by parcel post, freight forwarder or own vehicle, unless expressly agreed otherwise. A payment is only considered to have been made when we can dispose of the amount. For payment at the post office counter we have to charge a fee of CHF 3.00. If the buyer defaults, we are entitled to charge interest of 5% per month plus a reminder fee of CHF 20 from that point in time. During the duration of the delay, ShopVersand Filippi is also entitled at any time to withdraw from the contract, to demand the return of the goods delivered and to claim damages if the contract expires. All claims become due immediately if the customer defaults on payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or to only carry them out against advance payment or securities.

§ 12 Limitation of Liability
Claims for damages arising from impossibility of performance, from breach of contract, from negligence in concluding the contract and from unlawful acts are excluded against us as well as against our vicarious agents or vicarious agents, unless there is intentional or grossly negligent action. Any liability for consequential damages resulting from the use of the products is rejected.

§ 13 Copyrights / Software Warranty
If software is included in the delivery, it is provided to the buyer solely for one-time resale or personal use; that is, the buyer may neither copy it nor make it available to others. Software is excluded from all warranty provisions on forms. Only the manufacturer's license agreement applies.

§ 14 Data Protection
ShopVersand Filippi is entitled to process the data received about the buyer regarding the business relationship or in connection with it, regardless of whether it comes from the buyer himself or from third parties, in accordance with the Federal Data Protection Act.

§ 15 Place of jurisdiction
Mettauertal AG is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

5274 Mettauertal AG, 1. Januar 2016