Terms and Conditions
Last updated: December 2024 | Valid for business customers
1. Scope
These Terms and Conditions apply to all business relationships between Raptor3D GmbH (hereinafter "seller") and companies within the meaning of Art. 2 lit. b DSG (hereinafter "buyer").
Differing, conflicting or supplementary Terms and Conditions of the buyer do not become part of the contract unless their validity is expressly agreed to in writing.
2. Contracting Party
Raptor3D GmbH
Bruggerstrasse 6
5103 Wildegg
Switzerland
E-Mail: info@raptor3d.ch
UID: CHE-308.700.574
MWST: CHE-308.700.574 MWST
3. Offer and Contract Conclusion
3.1 Offers
All offers by the seller are non-binding. The presentation of products in the online shop does not constitute a legally binding offer.
3.2 Order
By placing an order, the buyer makes a binding offer to purchase. The seller is entitled to accept the offer within 5 business days.
3.3 Order Confirmation
The contract is only concluded with the written order confirmation or with the delivery of the goods.
3.4 Minimum Order Value
The minimum order value for business customers is CHF 50.00 net.
4. Prices and Payment Terms
4.1 Prices
All prices are in Swiss francs (CHF) excluding value added tax (VAT) unless otherwise stated. Shipping costs are calculated separately.
The seller reserves the right to change prices. For ongoing orders, the price agreed at the time of order confirmation applies.
4.2 Payment Terms
Unless otherwise agreed:
- New customers: Prepayment or payment upon ordering
- Existing customers with creditworthiness: 30 days net from invoice date
The granting of a payment term is subject to a credit check and is at the discretion of the seller.
4.3 Late Payment
In the event of late payment, the seller is entitled to:
- Charge default interest of 5% per year (Art. 104 CO)
- Charge reminder fees of CHF 20.00 per reminder
- Withhold further deliveries until full payment
- Revoke granted payment terms and demand immediate payment of all outstanding claims
4.4 Set-off
The buyer is only entitled to set-off if their counterclaim has been legally established, is undisputed or has been recognised by the seller.
5. Delivery
5.1 Delivery Times
Delivery times are non-binding unless expressly agreed as binding. Delivery delays do not entitle the buyer to claim damages.
5.2 Pre-orders
Products with the status "Pre-order available" are currently not in stock but can be ordered. The seller orders them from the manufacturer and ships them upon arrival.
Special conditions for pre-orders:
- Payment is due upon ordering (new customers) or according to payment terms (existing customers)
- The stated delivery time is an estimate and is non-binding
- Cancellation is possible as long as the goods have not yet been ordered from the manufacturer
5.3 Shipping Costs
Shipping is at the expense and risk of the buyer. Shipping costs are calculated separately.
5.4 Transfer of Risk
Risk passes to the buyer as soon as the goods have been handed over to the carrier (Art. 185 CO). This also applies to freight-free deliveries.
5.5 Partial Deliveries
The seller is entitled to make partial deliveries. Each partial delivery may be invoiced separately.
5.6 Default in Acceptance
If the buyer fails to accept the goods on time, the seller is entitled to charge storage costs of CHF 5.00 per day and all other costs.
6. Retention of Title
6.1 Reservation
The delivered goods remain the property of the seller until full payment of all claims arising from the business relationship (Art. 715 CC).
6.2 Obligations of the Buyer
The buyer is obliged to:
- Treat the reserved goods with care
- Adequately insure the reserved goods
- Immediately report any third-party access to the reserved goods
6.3 Resale
The buyer is entitled to resell the reserved goods in the ordinary course of business. They hereby assign all claims from the resale to the seller.
6.4 Registration
The seller is entitled to have the retention of title registered in the retention of title register. The buyer hereby gives their irrevocable consent.
7. Notice of Defects and Warranty
7.1 Inspection Obligation
The buyer is obliged to inspect the goods immediately upon receipt and to report visible defects in writing within 5 business days (Art. 201 CO).
7.2 Hidden Defects
Hidden defects must be reported in writing immediately upon discovery, but no later than within 3 business days.
7.3 Content of Notice
The notice of defects must contain:
- Exact description of the defect
- Order number and delivery note number
- Photo documentation of the defect
7.4 Warranty Period
The warranty period is 1 year from delivery (deviating from Art. 210 CO).
7.5 Subsequent Performance
In the case of justified defect claims, the seller has the choice between repair, replacement delivery or reduction. A right of withdrawal only exists after two failed attempts at subsequent performance.
7.6 Exclusion
The warranty is excluded in the case of:
- Non-compliance with the inspection and notice obligation
- Normal wear and tear
- Improper use or storage
- Unauthorised modifications by the buyer
- Use of unsuitable operating materials
8. Liability
8.1 Limitation of Liability
The seller is only liable for damages attributable to intent or gross negligence. Liability for slight negligence is excluded.
8.2 Exclusion of Liability
Excluded is liability for:
- Indirect damages and consequential damages
- Lost profits and production downtime
- Data loss
- Third-party claims against the buyer
8.3 Liability Amount
Liability is in any case limited to the net goods value of the respective order.
8.4 Product Liability
Liability under the Product Liability Act (PrHG) remains unaffected.
9. Returns
There is no right of return for business customers. Returns are only made in exceptional cases after prior written agreement and with deduction of a processing fee of at least 20% of the goods value.
10. Force Majeure
In the event of force majeure (natural disasters, war, strike, official measures, pandemics, supplier failures, etc.), the seller is released from their performance obligations. The buyer may withdraw from the contract after a reasonable grace period without being able to claim damages.
11. Confidentiality
The buyer undertakes to treat all trade secrets that have become known to them, in particular prices, conditions and technical information, confidentially and not to disclose them to third parties.
12. Data Protection
The collection and processing of personal data is carried out in accordance with our Privacy Policy.
13. Severability Clause
Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose.
14. Amendments to Terms and Conditions
The seller reserves the right to amend these Terms and Conditions at any time. Amendments will be communicated to the buyer with 30 days' notice. If the buyer does not object within this period, the amended Terms and Conditions are deemed accepted.
15. Applicable Law and Jurisdiction
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules of the PILA.
The exclusive place of jurisdiction for all disputes is Wildegg, Canton of Aargau, Switzerland. The seller is entitled to sue the buyer at their registered office.