Terms of service
Scope
These General Terms and Conditions (GTC) apply to all sales contracts between a customer (Buyer) and Ofrex AG (Ofrex) concluded via the Ofrex online store or other ordering channels, as well as to sales contracts that Buyers conclude via the Ofrex online store or other Ofrex channels with third parties (Partners).
Ofrex reserves the right to amend these GTC at any time without stating reasons. The version valid at the time of ordering applies to each order.
Acceptance of the GTC
By placing an order, you acknowledge and accept all provisions of these GTC.
Conclusion of contract
Products and prices in the online store constitute an offer as long as the product is visible and in stock. A contract for Ofrex products is formed once you submit an order to Ofrex online, by e-mail, by phone, by fax, or in writing. For products offered by Partners in the online store, a contract is formed at the same time between the Partner and you. In such cases, Ofrex merely acts as an intermediary and is not a contracting party; any claims exist exclusively against the Partner.
Dimensions and illustrations
Dimensions, illustrations and specifications are non-binding. Product changes for improvement purposes are reserved.
Sales prices
Prices are in Swiss francs and include VAT and—where applicable—the advance recycling fee (vRG). The decisive price per order is the sales price displayed at the time of ordering. Prices are subject to change. Current prices can be viewed using your personal login at www.ofrex.ch.
Price enquiries
Ofrex provides quotes by phone or in writing for larger quantities, custom-made items and goods not held in stock. Quoted prices are binding if the order is placed within 60 days and the specified quantities are purchased, unless otherwise stated. For made-to-order items, this period may be shortened. For print jobs, under- or over-deliveries of up to 10% may occur for production reasons.
Delivery, lead times and shipping costs
The delivery address must be in Switzerland or Liechtenstein.
Lead times shown for products are approximate and non-binding. Any claims for damages or other claims due to deviations from lead times or delayed delivery are excluded.
Risk passes to you when the goods are handed over for shipment.
Shipping costs depend on order value. Parcels from CHF 140 and freight/oversize from CHF 1200 ship free of charge. Parcels under CHF 140 incur CHF 9.90; freight/oversize under CHF 1200 incur CHF 55. Express shipments requested by you will be charged based on effort. Minimum order value: CHF 29; for values below CHF 29 a flat surcharge of CHF 15 applies. Shipping, small-order surcharge and postage are subject to VAT; amounts listed are exclusive of VAT.
Payment terms
Business customers pay by invoice. Consumers pay by credit card or similar methods via our payment service provider at checkout. Invoices are usually issued upon dispatch. For annual order volumes from CHF 5000, monthly invoices may be issued. Invoices are payable within 30 days from invoice date without deductions, in CHF. Ofrex or the Partner may perform a credit check prior to delivery.
After expiry of the payment term you will be in default without reminder; all outstanding amounts become immediately due. All collection costs are borne by you.
Warranty disclaimer
As far as legally permitted, any legal and material warranty by Ofrex or the Partner for defects of any kind is excluded.
Where a warranty obligation exists in an individual case, the following applies:
- The warranty period is 2 years for products intended for personal or family use and 6 months for all other products, starting from delivery. The exclusions under “Liability and disclaimer” apply.
- Ofrex or the Partner may fulfil the warranty by repair, replacement, or refund/credit of the purchase price. If repair is chosen, you must send defective products at your own expense to the address specified by Ofrex or the Partner.
- You must inspect the goods immediately upon receipt. Obvious defects must be reported in writing within 10 days, quoting invoice details. Thereafter, only hidden defects may be claimed, provided they are reported immediately upon discovery. Proof of defect may be required. After 10 days, no claims for obvious defects exist; delivery is deemed accepted.
- In case of transport damage or loss, you must contact the carrier and, for damaged consignments, have a report recorded before acceptance.
Liability and disclaimer
Any liability of Ofrex or the Partner towards you is excluded to the extent permitted by law. In particular, Ofrex or the Partner is not liable for slight or moderate negligence, consequential damages, loss of profit, delay damages, or acts/omissions of auxiliaries.
No liability exists for damages due to changes or repairs by you, normal wear and tear, force majeure, or failure to observe applicable operating instructions.
Order changes or cancellations
Orders already submitted may only be changed or cancelled with the express consent of Ofrex or the Partner.
Returns
No general right of return exists for defect-free products. Returns are accepted only by prior agreement. Include a copy of the delivery note or invoice with clear marking of returned items. Goods must be unused, undamaged and in pristine original packaging. If these conditions are not met, at least 20% of the purchase price will not be credited. Exclusions include, in particular, custom-made items, non-stock items procured on order, electronic devices, data carriers, and food and beverages. Return shipping costs are always borne by you.
Retention of title
Goods remain the property of Ofrex or the Partner until paid in full. Ofrex or the Partner may register the retention of title. In case of default, you must return the goods promptly at your own expense upon first request.
Intellectual property
Any use of images or texts from the online store requires prior written consent from Ofrex.
Data protection
Processing of personal data is governed by Ofrex’s Privacy Policy at https://www.ofrex.ch/en/privacy-policy/.
Severability
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a regulation that best reflects the original economic intent. The same applies to any gaps.
Applicable law and jurisdiction
The relationship between Buyer and Ofrex or the Partner is governed exclusively by substantive Swiss law, excluding conflict-of-law rules and the CISG. For consumer actions, jurisdiction lies at the Buyer’s domicile or the registered office of Ofrex or the Partner; for all other actions, exclusive jurisdiction lies at the registered office of Ofrex or the Partner.