General terms and conditions
Section 1 Validity of the terms and conditions
- The business transaction (offers, deliveries, services, etc.) with Gärtnerei Basel AG takes place exclusively on the basis of these terms and conditions. By ordering the goods or service these terms and conditions are deemed to have been accepted. Divergent general terms and conditions or terms and conditions of purchase of the buyer shall not apply. Deviations from these terms and conditions are only effective if Gärtnerei Basel AG has confirmed this in writing.
Section 2 Offer and completion of the contract
- The representations on the Gärtnerei Basel AG website do not constitute a legally binding offer; it is a without-obligation and non-binding online catalogue. You only make a binding offer through your order. This only becomes a binding contract for Gärtnerei Basel AG after written confirmation by Gärtnerei Basel AG (following a request for payment or delivery).
- An order placed by the customer therefore constitutes an offer which is binding for them. The automatic order confirmation (by mail) following the placing of the order does not yet constitute contract acceptance.
- The information in our sales documentation (drawings, illustrations, dimensions, weight and other performance/services) are to be understood only as reference values and do not constitute an assurance of characteristics, unless they are expressly described as binding in writing.
- If a buyer exceeds their credit limit through an order, we are released from our delivery obligation.
- Gärtnerei Basel AG does not take responsibility for procurement risk, this is also the case in the event of a purchase contract for generic goods. Gärtnerei Basel AG is only under obligation to make a delivery from supply stock. Otherwise the contract is deemed to be cancelled ex tunc.
Section 3 Right of withdrawal
- If you live in a country in which a legal right of withdrawal is provided for, you can withdraw your contractual declaration within 14 days, without stating reasons, in text form (e.g. by letter or email, or – if the goods have already been delivered to you – by returning the goods. The time limit begins in each case after receipt of an instruction of withdrawal which corresponds with legal requirements, but not before the recipient has received the goods.
- In the event of an effective withdrawal the mutually received goods and services are returned. Compensation for loss of value must be made if use of the goods has already been made.
Section 4 Order text
- Following completion of the order process you will receive the order text via email.
Section 5 Prices
- The following prices are authoritative: For goods in stock the fixed price at the time of the order shall apply. In case of supply shortages and procurement the current price on the day of order shall apply.
- The prices are, unless otherwise stated, in Swiss Francs not including statutory value-added tax, any possible customs duties or other fees.
Section 6 Delivery and performance times
- Dates and delivery times are non-binding, unless expressly agreed otherwise in writing. The indication of certain delivery times and delivery dates by Gärtnerei Basel AG is subject to the proper and timely supply to Gärtnerei Basel AG from suppliers and manufacturers, and with the proviso that neither force majeure nor third party influences prevent or delay timely delivery. If the hindrance to performance in the aforementioned cases lasts over a period of more than 4 weeks after the originally applicable delivery times, both parties are authorised to withdraw from the contract. Further claims, in particular for damages, do not exist. As a rule the goods are delivered within a week in Switzerland.
Section 7 Default in acceptance
- If the buyer refuses acceptance of the delivery items following the expiry of a grace period they have been set or declares that they do not want to accept the goods, Gärtnerei Basel AG can refuse the fulfilment of the contract and demand damages due to non-fulfilment. Gärtnerei Basel AG is authorised to claim as damages either a lump sum of 25 % of the agreed purchase price or the replacement of the effective resulting damage from the buyer.
Section 8 Delivery
- Visible differences in quantity must be reported immediately to Gärtnerei Basel AG and the carrier in writing on receipt of the goods, non-apparent differences in quantity within 4 days following receipt of the goods. Complaints relating to damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.
Section 9 Warranty
- The duration of the warranty in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins with the delivery date.
- If our operating or maintenance instructions are not observed, modifications made, parts replaced or consumables are used which do not comply with the original specifications, all warranties are void, provided the defect is attributed to this. This also applies if the defect is attributed to improper use, storage and operation of the equipment, or unauthorised interference and the opening of equipment.
- Insignificant deviations from promised characteristics of the goods do not trigger warranty rights.
- A liability for normal wear and tear as well as consumables/accessories/enclosed materials is excluded.
- Only the direct buyer is entitled to warranty claims against Gärtnerei Basel AG and these claims cannot be assigned.
Section 10 Returned goods
- For returned goods we require that the affected item or equipment is sent or delivered to Gärtnerei Basel AG with a detailed description of the reason and a copy of the invoice with which the equipment was delivered. The buyer is to bear the shipping costs. The warranty is limited exclusively to the repair or exchange of the damaged delivery items.
Section 11 Reservation of proprietary rights
- The delivered goods remain the property of Gärtnerei Basel AG until full payment is made.
Section 12 Payment
- The invoices are due for net payment depending on the agreement as cash on delivery, cash or within 10 days, unless otherwise agreed. The delivery takes place in principle unfranked, which means the buyer is to bear the cost by parcel post, shipping or their own vehicle, unless otherwise expressly agreed.
- A payment will only be deemed to have been made when we are able to access the sum. Cheques are only accepted on account of performance and only apply as payment after they have been cashed.
- If the buyer is sent a payment reminder they are in default. From the beginning of the period of default we are entitled to charge interest of 5%. For the duration of the default Gärtnerei Basel AG is also entitled to withdraw from the contract, demand the return of the delivered goods and demand damages for the cancellation of the contract at any time.
- All claims are due immediately if the buyer is in default of payment, does not culpably meet other essential obligations from the contract or if we become aware of circumstances which are suitable to reduce the creditworthiness of the buyer, in particular cessation of payment and pending settlement or bankruptcy proceedings. In these cases we are entitled to retain outstanding deliveries or only carry them out in exchange for advance payment or securities.
Section 13 Monthly invoice with part payment option (PowerPay)
- With the monthly invoice (PowerPay) - you can pay your online purchases easily by invoice with a part payment option. MF Group / PowerPay as an external payment service provider offers the payment method "payment via invoice". At the end of the payment process PowerPay takes over the resulting invoice requirement and handles the corresponding payment option. By selecting the monthly invoice you accept the terms and conditions of PowerPay. (powerpay.ch/en/agb).
- Additional fees will apply according to the terms and conditions of PowerPay, if you choose to pay in instalments or if you do not meet the payment deadline of the invoice.
Section 14 Limitation of liability
- Claims for damages against us and against our vicarious agents or assistants are excluded, unless wilful or gross negligent behaviour exists. No liability is accepted for consequential damage.
Section 15 Data protection
- Gärtnerei Basel AG is entitled to process the data received about the buyer relating to the business dealings or in connection with this, whether they come from the buyer themselves or from third parties, as defined by the Swiss Data Protection Act.
- Personal customer data will be treated confidentially and will not be passed on to third parties.
Section 16 Applicable law / Place of jurisdiction
- For the contractual relationship between the customer and Gärtnerei Basel AG substantive Swiss law is exclusively applicable with the exclusion of state treaty standards, in particular the UN Sales Convention (Agreement of the United Nations from 11 April 1980 on contracts for the international sale of goods).
- The exclusive place of jurisdiction for disputes between the customer and Gärtnerei Basel AG is Basel.