General Terms and Conditions of Business

VERSION 23.09.2024

§1 Validity of the terms and conditions

The deliveries, services and offers of sparksolution.ch, Hittnauerstrasse 22, 8345 Adetswil are exclusively subject to these General Terms and Conditions of Business, even if they are not expressly agreed again. By ordering goods or services, the customer is deemed to have accepted these terms and conditions. The customer’s general terms and conditions of purchase are hereby rejected. Deviations from these general terms and conditions are only valid if they have been confirmed in writing by sparksolution.ch.

§2 Offer and conclusion of contract

By placing an order in the online shop, the customer places a binding order for the products listed on the order page. sparksolution.ch will confirm receipt of the order immediately after its receipt. If, after the order has been confirmed, it is determined that delivery of the goods is not possible or that there was a pricing error, the order will be cancelled or, in the case of pricing errors, if the goods have already been delivered, the price difference will be charged to the customer. In case of pricing errors, the customer shall be entitled to return the goods to sparksolution.ch if the customer does not agree with the subsequent billing of the price difference. In any case, the customer shall not be entitled to assert any further claims against sparksolution.ch.

The information in the sales documents (drawings, illustrations, dimensions, weights and other services) are to be understood only as a guideline and do not constitute any assurance of properties, unless they are expressly designated in writing as binding.

If a customer exceeds his credit limit by placing an order, sparksolution.ch is released from the delivery obligation.

§3 Prices

The prices stated in the order confirmation are binding. These are fixed at the time of the order for goods in stock. In the event of supply shortages or errands, the current price on the day of the order shall apply. Prices are in Swiss francs including VAT and, unless otherwise agreed, excluding transport costs. The current prices are published in the online shop, subject to price changes and errors.

§4 Delivery terms

Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.

Delivery times and deadlines are non-binding, unless otherwise expressly agreed in writing. Delivery times and deadlines given by sparksolution.ch are subject to correct and timely delivery of sparksolution.ch by suppliers and manufacturers.

Visible differences in quantity must be reported to sparksolution.ch and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the goods.

§5 Default in acceptance

If the customer refuses to accept the delivery items after expiry of a grace period granted to him or declares that he does not want to accept the goods, sparksolution.ch may refuse to fulfil the contract and claim damages for non-performance. Sparksolution.ch is entitled to claim either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred by the customer.

§6 Transfer of risk

As soon as the consignment has been handed over to the company responsible for the transport, the legal provisions of the Swiss Code of Obligations regarding the contract of carriage shall apply. This means, among other things, that the risk shall pass to the customer after successful handover or deposit of the consignment by the transport company. If the customer does not want the consignment to be deposited, it is the customer’s responsibility to notify the transport company (e.g. the post office) of this. If in individual cases sparksolution.ch has agreed to pay for the transport costs, this has no influence on the transfer of risk.

§7 Warranty/Guarantee

Sparksolution.ch guarantees the ordered product for 2 years after delivery or collection, as the case may be, to be free of defects and to function properly, unless otherwise expressly agreed in writing.

If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not meet the original specifications, any warranty/guarantee will be void if the defect can be traced back to this. This also applies if the defect can be traced back to improper use, storage and handling of the devices, or unauthorised intervention and opening of the devices.

Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as for consumables/accessories/batteries/batteries included or installed, is excluded.

In case of a warranty or guarantee claim, the customer is entitled to claim rectification, replacement or cancellation of the sale. sparksolution.ch reserves the right to choose the method of rectification. If sparksolution.ch decides to cancel the sale, a credit note will be issued at the current price (maximum the selling price at the time of the order).

The warranty period shall not be interrupted by a possible warranty or guarantee claim but shall continue.

No new warranty periods shall come into force as a result of the replacement of parts, components or entire devices.

Only the direct customer shall be entitled to make warranty or guarantee claims against sparksolution.ch. These claims are not transferable.

The statutory warranty is fully excluded.

§8 Returns

In the event of returns of defective goods, sparksolution.ch requires that contact be made regarding the claim before dispatch. sparksolution.ch has the right to charge the customer for costs incurred (in particular transport costs) due to a failure to comply with this requirement. The defective part or device must be sent or delivered to sparksolution.ch for repair with a copy of the invoice with which the device was delivered.

In any case, the customer is responsible for packaging the goods to be returned in a manner suitable for transport. Any damage to or loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transport of the goods. The transfer of risk to sparksolution.ch only occurs when the goods arrive at sparksolution.ch.

When sending in equipment for repair or return, the customer must ensure that all data stored on the equipment has been deleted and backed up, as data may be lost during the repair process. sparksolution.ch shall not be held liable for data loss, access by third parties or similar.

§9 Payment

Invoices are payable net in cash or within 10 days, as agreed. The payment methods available are published in the online shop.

A payment is deemed to have been made only when sparksolution.ch can dispose of the amount.

If payment is not made within the above-mentioned period, the customer shall be in default of payment, whereupon sparksolution.ch shall be entitled to charge interest at a rate of 5% from the relevant point in time. During the period of default, sparksolution.ch shall also be entitled at any time to withdraw from the contract, to demand return of the delivered goods and to claim damages for the lapsing of the contract. All claims shall become due immediately if the customer is in default of payment, if the customer is in culpable breach of other material contractual obligations or if sparksolution.ch becomes aware of circumstances which are likely to reduce the customer’s creditworthiness, in particular, suspension of payments, pending composition or bankruptcy proceedings. In such cases, sparksolution.ch shall be entitled to withhold outstanding deliveries or to make them only against advance payment or securities.

§10 Reminder and collection fees

If the customer is in default of payment, sparksolution.ch will remind the customer by e-mail, in writing or by telephone. sparksolution.ch reserves the right to charge reminder fees in the amount of CHF 20 (excluding VAT) for the reminders issued. In case reminders remain unsuccessful, sparksolution.ch is entitled to assign the claim to a third party collection agency. The collection agency will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

§11 Limitation of liability

Claims for damages against sparksolution.ch, as well as against auxiliary persons and substitutes, are excluded, as far as impossibility of performance, breach of contract, fault at conclusion of contract and unauthorised action are concerned, provided that there is no intentional or grossly negligent action. Any liability for consequential damage resulting from the use of the products is rejected.

§12 Copyrights / Software Warranty

If software is included in the delivery, this is provided to the customer solely for one-time resale or for the customer’s own use, i.e. the customer may not copy it or provide it to others for use. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer’s licence agreement apply exclusively.

§13 Data protection

Sparksolution.ch is committed to complying with data protection requirements when processing customer data.

§14 Place of jurisdiction

Bäretswil 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.

§15 Final provisions

Sparksolution.ch reserves the right to change the terms and conditions at any time.

Should a regulation of these general terms and conditions be ineffective, this has no influence on the effectiveness of the remaining regulations as well as the general terms and conditions altogether. Instead of the ineffective regulation the relevant legal regulations are considered.