General Terms and Conditions (GTC)
1. Scope
1.1 These general terms and conditions apply to all business relationships between WS – Composite GmbH, Aegelseeweg 1a, 3052 Zollikofen, CHE-115.722.657, hereinafter referred to as WS – Composite GmbH, and its customers in the version current at the time of conclusion of the contract. If these General Terms and Conditions are translated into other languages, the German version shall always prevail in cases of doubt.
1.2 Once the order has been confirmed, these general terms and conditions shall be deemed to have been accepted by the customer.
2. Offer and conclusion of contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. All offers made by WS – Composite GmbH are subject to change and may be modified at any time unless WS – Composite GmbH has expressly declared them to be binding.
2.2 By clicking on the button (Order now), the customer places a binding order for all products listed on the order page.
2.3 A contract shall only be concluded if this has been declared in a written order confirmation or upon delivery of the ordered goods.
3. Prices and shipping costs
3.1 Unless otherwise stated, the prices listed on the product page exclude statutory value added tax and other price components (postage, packaging) and are quoted in Swiss francs (CHF). The exact shipping costs are displayed to the customer during the ordering process. In the event of obvious typing, printing, and/or calculation errors, we reserve the right to make subsequent price adjustments.
3.2 For deliveries of goods abroad, import duties, in particular customs duties and taxes, may be incurred, which are to be paid by the customer, unless WS – Composite GmbH has undertaken in writing to pay the import duties.
3.3 The provider reserves the right to change prices at any time. The prices published on the order date apply to customers.
4. Delivery terms
4.1 Physical goods are generally delivered worldwide.
4.2 The delivery times specified by WS – Composite GmbH are given to the best of our knowledge, but remain non-binding. For goods that WS – Composite GmbH has in stock, the delivery time is normally 5 working days.
4.3 If not all of the products ordered are in stock, WS – Composite GmbH is entitled to make partial deliveries.
4.4 If delivery of the goods fails through the fault of the customer despite two delivery attempts, WS – Composite GmbH may withdraw from the contract.
4.5 In the event of force majeure, strikes, lockouts, delivery delays on the part of our suppliers, or incorrect deliveries beyond our control, WS-Composite GmbH shall be released from any liability, even if a deadline has been explicitly confirmed by us. In the event of an incorrect delivery by a supplier of WS-Composite GmbH, WS-Composite GmbH shall be entitled to deliver the correct goods to the customer within 60 days of becoming aware of the incorrect delivery. Within this period, the customer may only withdraw from the contract with the written consent of WS-Composite GmbH.
4.6 The freight costs for the initial delivery shall always be borne by the customer. In the case of further partial deliveries, these freight costs may also be charged to the customer if they have been notified of this immediately after placing the order.
4.7 The risk of accidental destruction or damage to the goods is transferred to the company responsible for transport when the goods are dispatched. Upon receipt of the goods, this risk is transferred to the customer. The customer must inspect the goods delivered to them for transport damage immediately upon receipt and, if necessary, inform WS – Composite GmbH and the responsible transport company.
4.8 Any complaints must be made in writing to WS – Composite GmbH within 10 days of receipt of the goods. No complaints can be accepted after this period has expired.
4.8 When providing services in the form of consulting, project management, and other activities, WS-Composite GmbH shall advise the customer to the best of its knowledge and belief. However, WS-Composite GmbH cannot accept any responsibility for the work of third parties. Expert opinions, statements, and the like shall only be considered binding once they have been legally signed. Subsequent changes to the content of a service may result in adjustments to the agreed fee. Customers must provide all documents and information necessary for the proper performance of the service in a timely manner without being specifically requested to do so. WS-Composite GmbH may assume that these documents and information are correct and complete.
5. Terms of payment
5.1 Payment for customers in Switzerland is made in advance. For products designated by WS – Composite GmbH, payment by credit card is also available. For customers abroad, payment is made by credit card or in advance.
5.2 When paying by invoice, the payment period is 14 days for natural persons and 30 days for legal entities. WS – Composite GmbH is entitled to pass on its costs for dunning to the defaulting customer. Legal action remains reserved.
5.3 A flat-rate reminder fee of CHF 30.00 will be charged for reminder costs incurred after the occurrence of default. In addition, default interest of 10% p.a. may be charged from the date of default. If WS – Composite GmbH can prove that it has incurred higher costs as a result of the default in payment, these may also be charged. WS – Composite GmbH is entitled to unilaterally withdraw from the contract in the event of a delay in payment.
5.4 When paying by credit card, the customer's account will be charged at the time of ordering.
5.5 Offsetting against counterclaims of the customer that are not recognized or have not been legally established is excluded.
5.6 The customer may only exercise a right of retention if the claims are based on the same contractual relationship.
6. Retention of title
The goods remain the property of WS – Composite GmbH until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or alteration is not permitted without the consent of WS – Composite GmbH.
7. Right of withdrawal / Right of return
7.1 Consumers have the right to withdraw from the contract for goods ordered online within 14 days of receiving the goods. The withdrawal must be sent to WS – Composite GmbH in writing by email or letter. The date of dispatch of the withdrawal notice is decisive for compliance with the deadline. No reason for the withdrawal is required. The withdrawal notice should be sent to:
WS – Composite GmbH, Aegelseeweg 1a, 3052 Zollikofen, Switzerland, info@ws-composite.ch
7.2 Exercising the right of withdrawal results in the conversion of the purchase contract into a reversal transaction, according to which the services received under the purchase contract must be refunded. The customer must return the unused goods received in their original packaging to WS – Composite GmbH within 14 days of declaring their withdrawal. The customer bears the costs of the return shipment.
7.3 Upon receipt of the goods, the purchase price, if already paid, will be refunded to the customer immediately. We reserve the right to deduct from the purchase price to be refunded any costs incurred due to possible damage or excessive wear and tear of the goods. No deduction will be made if the loss in value is attributable to handling of the goods necessary to determine their nature, properties, and functionality. WS – Composite GmbH may refuse to refund until the goods have been returned or until the customer has provided proof that they have returned the goods, whichever is earlier. Amounts already paid will only be credited or refunded to the customer if they have no other outstanding debts to WS-Composite GmbH.
7.4 The right of withdrawal and the right of return are excluded for the following items:
– Customized, tailor-made products (special designs)
– Products manufactured at the customer's request
– Services that have already been fully rendered or whose execution has already begun
7.5 In the event that a supplier no longer delivers the ordered goods despite contractual obligations and this leads to a non-temporary impediment to performance for which WS – Composite GmbH is not responsible, WS – Composite GmbH is entitled to withdraw from the contract. In the event of withdrawal, the customer will be informed immediately of the unavailability and any payments already made will be refunded without delay.
8. Warranty/Liability
8.1 WS – Composite GmbH warrants that the goods correspond to the warranted characteristics, have no defects that impair their value or suitability for the intended use, and comply with the specified specifications. WS – Composite GmbH reserves the right to remedy any existing defect by means of repair or replacement.
8.2 The buyer must inspect the delivered goods as soon as possible and report any defects immediately. You can find our customer service department at info@ws-composite.ch.
8.3 If repair or replacement fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer's right to a reduction in price is excluded.
8.4 The parts manufactured or distributed by WS – Composite GmbH are special lightweight components for commercial use only. They are not approved for use in road traffic or certified in any other way. Goods with the relevant certification are explicitly marked.
8.5 Due to the extreme stress on the goods, any liability is rejected. A warranty is fundamentally excluded. WS – Composite GmbH cannot be held liable for further damages, in particular for lost profits or other financial losses incurred by the customer. This applies both to WS – Composite GmbH and to its employees, representatives, and agents. The liability of WS – Composite GmbH for its own fault, as well as that of our legal representatives and vicarious agents, is limited to intent and gross negligence. This does not apply to the breach of essential contractual obligations and the absence of warranted characteristics. Liability under the Product Liability Act remains unaffected. In the case of consulting and project management functions performed by WS – Composite GmbH, liability is limited, to the extent permitted by law, to the agreed fee for the order in question.
9. Copyrights
All knowledge relating to the manufacturing processes and the selection of products for the manufacture of devices and articles by WS – Composite GmbH is the unrestricted property of the latter. Replicas (copies) are prohibited without the express written consent of WS – Composite GmbH and will be prosecuted. Unless expressly stated in writing by WS – Composite GmbH, molding tools are not included in the scope of delivery and remain the property of WS – Composite GmbH.
The content and structure of the products published by WS – Composite GmbH and the entire website are protected by copyright. The use of articles and content for the customer's own purposes is not permitted.
10. Data protection
The data necessary for business transactions is stored in accordance with the applicable regulations and, if necessary, passed on to affiliated companies during order processing.
Companies, in particular transport companies and third parties involved in order processing, system support, and control.
11. Place of jurisdiction and applicable law
The contractual relationships between the customer and WS – Composite GmbH are subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980. The ordinary court in Bern shall have jurisdiction over any disputes arising from these contractual relationships. WS – Composite GmbH is also entitled to bring legal action at the customer's general place of jurisdiction.
13. Final provisions
Should any parts of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the relevant statutory provisions.
