General Terms and Conditions

 

The General Terms and Conditions (hereinafter referred to as GTC) are an integral part of the contract between Etniko World Art Switzerland and the customer. The GTC are applicable without reservation and take precedence over any other terms and conditions. Agreements which amend or supplement the following provisions require the written consent of Etniko in order to be valid. Once the GTC have been agreed, they shall also apply to all further contractual relationships between Etniko and the customer. The version of the GTC in force at the time of the conclusion of the contract shall apply in each case.

 

  1. Offers, orders

 

Etniko’s offers are subject to confirmation. The contract between Etniko and the Purchaser shall be concluded as soon as Etniko has confirmed the oral or written order of the Purchaser in writing. The contents of the order confirmation shall be decisive for the scope of Etniko’s deliveries and services. The order confirmation shall be deemed to be accepted by the Purchaser, unless the Purchaser objects to its contents in writing within three working days after receipt. The minimum order value for shipping within Switzerland is CHF 100 for consumers and CHF 200 for resellers who are already customers. For first-time orders, resellers are required to order a minimum purchase value of Fr. 500.-. For resellers outside Switzerland, the minimum order (net value of the goods) shall not be under € 500.-. No minimum value is required if the ordered goods are collected in Chur (cash and carry).

 

  1. Prices

Our prices are net ex works, excluding VAT.

Etniko trades with consumers as well as with retalers and therefore differentiates between the offers. Please contact us if you are a dealer and would like to resell our products.

The prices for resale are only visible after a login for dealers.

 

The packaging is not charged for shipping and is not credited in the event of a return. The packaging usually consists of recycled materials (cardboard, air foil).

Services that go beyond those described in the order confirmation will be charged separately to the customer.

 

  1. Recommended prices

The prices recommended by Etniko for end customers (Internet etc.) are not binding.

 

  1. Dispatch and shipping costs

Shipping instructions of the purchaser are only binding for Etniko if Etniko has confirmed them in writing. Shipping costs for custom-made products shall be invoiced to the customer. For deliveries with a net value of goods of less than CHF 100, (resellers CHF 200.-) the purchaser shall be charged a proportional fee of CHF 35.-.

 

  1. Dispatch and shipping costs

Shipping instructions of the Purchaser shall only be binding on Etniko if Etniko has confirmed them in writing. Shipping costs for custom-made products shall be invoiced to the customer. The purchaser shall be charged a shipping fee of CHF 20 for deliveries with a net value of goods of less than CHF 100. Packages or palletts are sent by DHL or Cargo Domizil within Switzerland, i.e. arrival on the next working day from the day of dispatch. Deliveries outside Switzerland must be arranged individually, depending on the volume of the goods. At the request of the customer, an express shipment can also be arranged. The customer has to bear the additional costs resulting from this. Etniko shall normally determine the mode of transport. If the customer requests a mode of transport deviating from Etniko’s choice, the additional costs incurred shall be borne by the customer. Large deliveries can be carried out by Etniko.

 

 

  1. Delivery periods

Delivery periods are not guaranteed. Delays at the port and at customs may occur.

A right of withdrawal as well as claims for damages of the customer based on the non-observance of a delivery date/period are explicitly excluded. Cases of delay which are demonstrably caused intentionally or by gross negligence on the part of Etniko shall remain reserved. If there is no agreement regarding a delivery date/period, Etniko shall deliver as soon as the ordered goods are available. If the customer is in default of acceptance or if he violates other obligations to cooperate, Etniko shall be entitled to claim all resulting damage.

  1. scope of deliveries

Etniko shall be entitled to make partial deliveries. Etniko reserves the right to deliver 10% more or less than the agreed quantity. This tolerance shall also apply to partial deliveries.

  1. transfer of benefit and risk

Benefit and risk shall pass to the customer upon dispatch of the deliveries ex works of Etniko.

 

  1. Acceptance of deliveries and warranties

Defects concerning weight, quantity, quality and price of the goods must be notified in writing within 3 days after receipt of the same, otherwise the goods and the price shall be deemed to have been accepted. If no such notification is made, the goods and the price shall be deemed to have been accepted and any warranty claims of the Purchaser shall lapse. If Etniko is notified in due time, Etniko undertakes to replace free of charge or credit all parts of the delivery which are demonstrably defective or unusable as a result of faulty production or defective workmanship within a reasonable period of time. In the case of deliveries abroad, only credit notes can be granted. Handmade items may deviate from the specified dimensions and colour and are not considered to be defects: – minor deviations in material quality, colour and design. The illustrations in the online shop and the price lists as well as the measurements, colours and the like are approximate and not guaranteed. Further warranty claims of the customer that go beyond the claims listed here, in particular claims for damages, reduction, cancellation of the contract or withdrawal from the contract, are excluded.

Excluded from this are cases of intent or gross negligence on the part of Etniko. The unauthorised return of delivered goods will not be refunded.

 

  1. Returns

Returns without prior consultation with Etniko will not be accepted.

 

  1. Liability

Etniko shall only be liable to the Purchaser for culpability due to intent and gross negligence.

 

  1. Samples

As a rule, the customer shall not be charged for samples provided. Exceptions are samples which are produced for the customer, the production of which requires toolmaking or which are not connected with a specific quotation. The amounts invoiced for the manufacture of tools are to be understood as proportional costs. Their payment does not entitle the customer to the delivery of the tools concerned. The tools remain the exclusive property of Etniko and may in particular not be passed on to third parties.

 

  1. Reproduction rights

The reproduction and printing of all image and text templates, samples and the like provided by the Purchaser shall be subject to the condition and assumption that the Purchaser holds the corresponding reproduction rights.

 

  1. Proprietary rights

The goods shall remain the property of Etniko until full payment of the purchase price and all ancillary claims. Etniko shall be entitled to have the proprietary rights entered in the relevant register.

 

  1. Terms of payment

Payments shall be made by the Purchaser without any deduction (e.g. discount, expenses, taxes, fee, etc.). The term of payment shall be 30 days from the date of invoice. In case of non-payment within the payment period, default shall occur without further reminder. In this case Etniko is entitled to claim reminder charges and interest on arrears.

 

  1. Applicable law

The contractual relationship between Etniko World Art and the customer is explicitly subject to Swiss law.

 

  1. Place of jurisdiction

The exclusive place of jurisdiction for any disputes shall be the registered office of Etniko, Ringstrasse 22, CH-7000 Chur, January 2021.

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