General Terms and Conditions (GTC) for www.ameryma.com
The online shop ameryma.com is an offer from AMERYMA (hereinafter referred to as AMERYMA) in CH-4612 Wangen near Olten.
2. Validity of the Conditions
Deliveries, services and offers from AMERYMA are based exclusively on these terms and conditions, even if they are not expressly agreed again. By ordering the goods or service, these conditions are deemed to have been accepted. The buyer's general terms and conditions of purchase are hereby contradicted. Deviations from these terms and conditions are only effective if we confirm them in writing.
AMERYMA may change these terms and conditions at any time and without notice.
3. Offer and conclusion of contract
AMERYMA's offers in price lists and advertisements are subject to change and non-binding. Every online order is binding. Order confirmations are only issued upon express request.
The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guide values and do not represent any guarantee of properties unless they are expressly designated as binding in writing.
If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation.
The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks and errands, the daily price on the day of the order applies.
Unless otherwise agreed, the prices do not include transport costs, including VAT.
5. Delivery and performance time
As a rule, the items offered by ameryma.com are in stock and can be delivered immediately. The delivery time is 1-3 working days.
Certain items are shipped through our external partner. The delivery time can take up to 10 working days.
Please refer to the information on the product page under "Shipping information".
Dates and delivery periods are non-binding unless otherwise expressly agreed in writing.
6. Default of Acceptance
If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, AMERYMA can refuse to fulfill the contract and demand compensation for non-performance. AMERYMA is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the damage actually incurred from the buyer as compensation.
Visible differences in quantity must be reported to AMERYMA and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 3 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.
8. Passing of Risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If shipment is delayed or becomes impossible through no fault of our own, risk passes to the buyer upon notification of readiness for shipment. If AMERYMA assumes the transport costs as agreed in individual cases, this has no influence on the transfer of risk.
The warranty in accordance with the following provisions is one (1) month, unless otherwise expressly agreed in writing.
The warranty period begins on the date of delivery. If our maintenance instructions are not followed or changes are made, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the products. Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty rights.
Liability for normal wear and tear is excluded.
Warranty claims against AMERYMA are only available to the direct purchaser and are not assignable.
10. Returns / exchange of goods
For returns, we require that the defective part be sent or delivered to AMERYMA with a written complaint and a copy of the invoice with which the product was delivered. Deliverycosts has to be paid by costomer. The replacement of products does not bring any new warranty periods into effect. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.
We do not offer a right of withdrawal. Swiss law provides for a right of return or exchange – neither for purchases in shops nor for online trade.
11. Retention of Title
The delivered goods remain the property of AMERYMA until full payment.
Depending on the agreement, the invoices are payable in advance by credit/debit card or Apple Pay, unless otherwise agreed. The delivery offered in the ameryma.com shop only applies to Swiss Post Economy deliveries. In the case of other types of shipping, the delivery is generally not prepaid, i.e. at the expense of the buyer by parcel post, forwarding agency or his own vehicle, unless something else has been expressly agreed.
A payment is only deemed to have been made when we can dispose of the amount.
If the buyer is in default, we are entitled to charge interest of 5% from the relevant point in time. During the delay, AMERYMA is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the lapse of the contract.
All claims become due immediately if the customer is in default of payment, culpably fails to meet other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular cessation of payments, pending composition or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or only carry them out against advance payment or securities.
13. Limitation of Liability
Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent action is involved. Any liability for consequential damage resulting from the use of the products is rejected.
AMERYMA is entitled to process the data received about the buyer in relation to the business relationship or in connection with this, regardless of whether it originates from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act.
4600 Olten 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.