Terms and Conditions for the Webshop, optrel AG, Wattwil

As at 01.08.2018

1. Scope of applicability

1.1 These General Terms and Conditions of Business (hereinafter referred to as "General Terms and Conditions") of optrel AG, Industriestrasse 2, 9630 Wattwil, Switzerland, apply to all contracts that customers conclude with us regarding the goods displayed in our online shop.

1.2 All deliveries and services rendered by us are only made on the basis of these General Terms and Conditions, in the version valid at the time of the respective order placed by the customer.

1.3 “Customer” within the meaning of these General Terms and Conditions means any natural person with whom we enter into business relations without this being predominantly attributable to their commercial or independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in optrel AG's online shop do not constitute binding offers on the part of optrel AG. Their purpose is so that customers can submit a binding purchase offer.

2.2 The customer may submit the offer via the online order form integrated in optrel AG’s online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button and thus completing the ordering process. The customer may also submit their offer to optrel AG by telephone, fax, e-mail or post.

2.3 optrel AG can accept the customer's offer within two working days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), with the receipt of the order confirmation by the customer being decisive in this respect, or

- by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive in this respect, or

- by requesting payment from the customer after placing their order. If several of the aforementioned possible acceptance variants exist, the contract shall come into effect at the time at which one of the aforementioned variants occurs first.

If optrel AG does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If the customer selects a payment method mentioned under 5.1 (PayPal, credit card) within the framework of the online ordering process, the customer also issues a payment order to their payment service provider at the same time by clicking the button completing the order process.

In this case, optrel AG declares the acceptance of the customer's offer at the time that the customer initiates the payment process by clicking the button, and thus completing the order process, in deviation from section 2.3.

2.5 The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the second working day which follows the dispatch of the offer.

2.6 The contract is concluded exclusively in German and English.

2.7 Before placing a binding order via optrel AG’s online order form, the customer may continuously correct their entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 Even repeated goodwill payments by optrel AG do not constitute a claim for the future.

3. Delivery

3.1 Our products shall be delivered to the delivery address specified by the customer. Deliveries of goods to the value of €1,000.00 or more shall be free of shipping costs. If the order value is lower, shipping costs of €10.00 shall be listed in the customer's shopping cart.

3.2 If we do not have all the ordered products in stock, we shall be entitled to partial deliveries at our expense.

3.3 If the transport company returns the shipped goods to optrel AG because delivery to the customer was not possible, the customer shall bear the cost of the unsuccessful shipment. This does not apply if the circumstance which led to the impossibility of delivery is beyond the customer's control or if the customer was temporarily prevented from accepting the offered performance, unless optrel AG had given the customer reasonable advance notice of the performance.

3.4 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person authorised to receive the goods upon delivery.

4. Payment terms

4.1 The articles ordered from optrel AG shall be paid for via the online shop, either by PayPal or credit card.

optrel AG reserves the right to accept other payment methods in individual cases.

4.2 PayPal is an online payment service of PayPal (Europe) S.à r.l. et Cie, S.C.A. The use of PayPal requires that you have an account with PayPal, which stores your bank or credit card information. If you have selected "PayPal” as a payment method, you will be redirected to the PayPal website after completing the order where you will log in to your PayPal account with your e-mail address and the password you enter and confirm the payment. You will receive a payment confirmation from PayPal by e-mail. PayPal debits your customer account with the corresponding purchase price and transfers it to our seller account. Further information is available at www.paypal.de.

4.3 When paying by credit card, the data is transferred to PayPal (Europe) S.à r.l. et Cie, S.C.A.. The purchase price shall be charged to the customer upon acceptance of the order. The transfer of data may take several minutes and may not be interrupted by the customer, e.g. by updating the browser page. Otherwise the credit card account may be debited twice. Optrel AG shall reimburse eligible requests for refunds within a maximum of 14 days of the customer's notification of the double debit to optrel AG. Any costs arising from chargebacks initiated by the customer will be passed on to the customer. A processing fee (usually €45.00) will be charged for unjustified credit card chargebacks. This fee will be charged to the customer by optrel AG.

4.4 The customer shall only be entitled to set-off if their claim is undisputed or has been legally established. Any retention of payments by the customer due to counterclaims from other contractual relationships is excluded.

4.5 The goods shall remain our property until payment has been made in full.

5. Cancellation right

5.1 The customer may cancel their declaration of willingness to enter into a contract within two weeks without stating reasons. Timely dispatch of the cancellation notification shall suffice for compliance with the cancellation period. The cancellation must be sent to: optrel AG, Industriestrasse 2, 9630 Wattwil, Switzerland, Tel..: +41 71 987 4200, e-mail: shop@optrel.com.

5.2 Further information on the cancellation right can be found in optrel AG’s cancellation policy. The information on the cancellation right forms an integral part of these Terms and Conditions.

5.3 The cancellation right does not apply to contracts for the delivery of goods made to customer specifications or clearly tailored to the personal needs of the customer.

6. Consequences of cancellation

If you cancel this contract, we shall reimburse all the payments received from you, including the delivery costs (with the exception of the additional costs arising from your choosing another type of delivery than the standard delivery offered by us) without delay no later than fourteen days from the date on which the notification regarding your cancellation of this contract was received by us. For this reimbursement, we shall use the same payment method that you used in the original transaction unless explicitly agreed with you otherwise. Under no circumstances whatsoever will fees be charged in respect of this reimbursement. We may refuse reimbursement until we have received the goods or until you have provided proof that the goods have been sent back depending on which is the earlier point in time. The customer is only required to disclose the use of the goods if this precludes a loss of value on the part of optrel AG. If the goods received cannot be returned in whole or in part, or can only be returned in a deteriorated condition, the customer must compensate optrel AG for the loss in value. This does not apply to the provision of items if the deterioration of the item is exclusively due to inspection of same as it would have been possible for a customer in a brick-and-mortar store. In all other respects, the customer can avoid the obligation to pay compensation by not using the goods as if they were the customer’s property and by refraining from doing anything that could impair their value.

You shall return or hand over the goods without delay and, in all cases, no later than within fourteen days from the date on which you inform us of the cancellation of this contract. The time limit shall be complied with if you send the goods prior to expiry of the period of fourteen days.

7. Liability for defects / warranty

7.1 The customer's rights to rectification of defects, withdrawal from the contract and reduction of the purchase price shall be governed by the statutory warranty provisions.

The warranty period shall be is two years and begins with the delivery of the goods.

7.2 Liability for damages and reimbursement of expenses shall be determined in accordance with Section 9 of these Terms and Conditions.

7.3 If goods with obvious transport damage have been delivered, the buyer is requested to notify optrel AG immediately. Failure to do so shall not affect the customer's statutory warranty rights and their continued applicability.

7.4 If the supplementary performance is carried out by way of a replacement delivery, the customer is obliged to return the delivered goods delivered first within 30 days to optrel AG at its expense. The return of the defective goods must be in accordance with the statutory provisions.

8. Liability

optrel AG shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 optrel AG shall have unlimited liability on any legal grounds

- in the event of intent or gross negligence,

- in the event of negligent or intentional injury to life, limb or health,

- on the basis of a promised warranty, unless otherwise agreed,

- in accordance with the product liability law.

8.2 If optrel AG negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with section 9.1. Essential contractual obligations are obligations which the contract imposes on optrel AG to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the compliance with which the customer may regularly rely.

8.3 Any other liability of optrel AG is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of optrel AG for its vicarious agents, employees and legal representatives.

9. Right of set-off and retention

The customer shall only have a right of set-off and retention if their counterclaims have been legally established or are undisputed.

10. Data privacy

10.1 The personal data voluntarily provided by the customer in connection with their order shall be used exclusively in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

10.2 The customer's personal data shall only be collected if and to the extent that the customer voluntarily discloses such data to the provider when using the online shop. Processing and disclosure of this data to third parties will only take place if this is necessary for the execution of the contractual relationship between the provider and the customer. The data will therefore be forwarded to the shipping company commissioned with the delivery and - if necessary - to the bank commissioned with the payment processing. Any further transfer of the data to third parties shall not take place.

10.3 The customer has the right at any time to information about their stored personal data free of charge and, if applicable, the right to correction, blocking and deletion of this data, provided that it is no longer needed for contract processing or for receivables management.

10.4 optrel AG reserves the right to create user profiles using pseudonyms and the customer data collected for the purposes of advertising, market research or for the needs-based design of its offers. The customer is entitled at any time to object to this use of their usage data.

10.5 optrel AG shall only use the customer data for the purposes of opinion research (customer satisfaction analyses) if this is legally permissible or if the customer has given their consent. The customer is entitled at any time to object to this use of their usage data for opinion polls.

10.6 The content of the data protection notification within the meaning of this section 8 www.optrel.com can be retrieved by the customer at any time.

10.7 Questions regarding the collection, processing or use of personal customer data, the disclosure, correction, blocking or deletion of data and the revocation of consents given may be forwarded to optrel AG at the address given in section 1 paragraph 1 of these General Terms and Conditions.

11. Final provisions

11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods (CISG).

11.2 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid.

Instead of the invalid provision, the relevant statutory provisions shall apply.

11.3 The exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of optrel AG.

Consumer information on the conclusion of distance contracts and further information on electronic commerce. The following information does not constitute contractual terms, unless expressly stated otherwise in the contract. The contractual terms are defined exclusively by the General Terms and Conditions. The customer can print, save or download this consumer information and the General Terms and Conditions as a pdf file at any time at www.optrel.com.

1. Provider’s identity and address for service of process

optrel AG Industriestrasse 2 9630 Wattwil, Switzerland Tel.: +41 71 987 4200, e-mail: shop@optrel.com

Company identification number: (CHE-103.509.080 MWST)

2. Language

The exclusive contractual language is German.

3. Conclusion of contract

The presentation of the goods in the online shop does not represent a legally binding offer. It is a request to the customer to submit a binding offer to optrel AG with their order. Before placing an order, the data necessary for the execution of the contract must be provided. The customer can select individual goods by clicking the button "Add to shopping cart" for the order to be completed at a later stage. By clicking on the "Checkout" button the customer places a binding order for the goods contained in the shopping cart. Before this, the General Terms and Conditions of optrel AG must be expressly accepted as part of the contract by clicking on a relevant button. Furthermore, the customer hereby confirms that they have read the information on their right of cancellation and the conclusion of the contract on the Internet before the customer can send their order. optrel AG shall confirm receipt of the customer's order immediately by e-mail. This automated confirmation of receipt does not constitute a binding acceptance of the order, but merely informs the customer that the order has been received by optrel AG. The purchase contract is concluded by the customer's order on the one hand and an explicit order confirmation by optrel AG and/or the dispatch of the goods by optrel AG on the other hand.

4. Correction of input errors

Before sending their order, the customer has the opportunity to check the summarised contract data to determine any input errors and correct them using the change function.

5. Storage and accessibility of the contract text

When placing an order, the customer can save the contract text, i.e. all the contract information, by clicking the "File" menu item in their browser and then the "Save as” function. The contract text can be printed out by clicking on the "File" button in the customer's browser and then on the "Print" button. The customer can print out or save the General Terms and Conditions and this consumer information in "reproducible form" by clicking on the link "General Terms and Conditions" and "Consumer information" on the last page of the order process or in the main menu and then pressing the "Print page" button or the "Save” link. The contract text will be stored by optrel AG and can be sent to the customer at any time by e-mail free of charge upon request.

6. Essential characteristics of the goods

The essential characteristics of the goods offered as well as the validity period of limited offers can be found in the respective product descriptions in the online shop.

7. Commodity price

The prices valid at the time of the order shall apply. optrel AG reserves the right to make changes to the prices stated in the online shop prior to contract conclusion. In the event of price changes after receipt of an order, optrel AG's order confirmation shall constitute a modified offer to conclude a contract, with the result that a contract shall only be concluded by means of the customer’s separate acceptance thereof. 

8. Costs for payment and shipping

Costs for payment and shipping shall be charged in addition to the stated commodity prices as follows: Payment can be made either by PayPal or credit card. optrel AG reserves the right to accept other payment methods in individual cases. If payment is made by PayPal or credit card, the goods will only be shipped when the final amount of the order has been credited to the account of optrel AG. The cost of shipping within Germany is €10.00 for goods up to a value of €100.00. Deliveries of goods to the value of €100.00 or more shall be free of shipping costs. These additional costs for payment and shipping are clearly communicated to the customer on the order page and can be accessed via the link “Shipping costs”.

9. Cancellation policy / right of cancellation

You have the right to cancel this contract within 14 days without providing reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, takes or took possession of the last goods. In order to exercise your cancellation right, you must notify us (optrel AG, Industriestrasse 2, 9630 Wattwil, Tel.: +41 71 987 4200, e-mail: shop@optrel.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You may use the enclosed model cancellation form. It is, however, not prescribed. In order to comply with the cancellation period, it is sufficient that the notification of the exercise of the cancellation right is sent to us prior to expiry of the cancellation period. Cancellation form to download:

10. Consequences of cancellation

If you cancel this contract, we shall reimburse all the payments received from you, including the delivery costs (with the exception of the additional costs arising from your choosing another type of delivery than the standard delivery offered by us) without delay no later than fourteen days from the date on which the notification regarding your cancellation of this contract was received by us. For this reimbursement, we shall use the same payment method that you used in the original transaction unless explicitly agreed with you otherwise. Under no circumstances whatsoever will fees be charged in respect of this reimbursement. We may refuse reimbursement until we have received the goods or until you have provided proof that the goods have been sent back depending on which is the earlier point in time. The customer is only required to disclose the use of the goods if this precludes a loss of value on the part of optrel AG. If the goods received cannot be returned in whole or in part, or can only be returned in a deteriorated condition, the customer must compensate optrel AG for the loss in value. This does not apply to the provision of items if the deterioration of the item is exclusively due to inspection of same as it would have been possible for a customer in a brick-and-mortar store. In all other respects, the customer can avoid the obligation to pay compensation by not using the goods as if they were his property and by refraining from doing anything that could impair their value. You shall return or hand over the goods without delay and, in all cases, no later than within fourteen days from the date on which you inform us of the cancellation of this contract. The time limit shall be complied with if you mail the goods prior to expiry of the period of fourteen days. The buyer shall bear the direct costs of returning the goods. End of cancellation policy

11. General remarks

11.1. Kindly avoid damaging and soiling the goods. Please return the goods in their original packaging with all their accessories and with all their packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.

11.2. Return the goods to us only with sufficient postage.

11.3. Please note that the aforementioned paragraphs 1-2 are not a prerequisite for the effective exercise of the right of cancellation.

12. Cancellation form

If you would like to cancel the contract, please complete this form and return it to us at:

optrel AG 
Industriestrasse 2 
9630 Wattwil
Switzerland

E-mail: shop@optrel.com

Use of this form is not a prerequisite for valid cancellation