General terms and conditions

1 Validity of the conditions

  1. baloise.dplan.ch is an internet platform of the company dplan from Solothurn.
    Sales, invoicing, warranty processing, terms and conditions etc. are therefore all based on the company dplan, which is registered in the Swiss Commercial Register.
  2. The services and offers of dplan are provided exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. With order of the goods or service these conditions are considered as accepted. Deviations from these terms and conditions are only effective if we confirm them in writing.

2 Offer and Conclusion of Contract

  1. The information in our sales documents, advertisements and in our online shop (drawings, illustrations, delivery dates, dimensions, weights, specifications and other services) are automatically transmitted/integrated data of the respective Swiss importers and may deviate in very rare cases. The pictures are to be understood as notes and may differ from the actual product. The information is therefore non-binding unless it is expressly described as binding in writing. The e-mail that you receive after a successful order is an order confirmation and should be kept or printed by the customer for any further questions. dplan checks the address, prices, articles, payment after receipt of the order and keeps the customer up to date with further emails (status changes) with regard to collection, dispatch or further processes. In the event of any incorrect information in the shop and the resulting shipping problems, dplan will contact the customer directly by telephone or e-mail, depending on their importance.

3 Prices

  1. The prices stated in our order confirmation or invoice are decisive. Prices in the shop and automatic order confirmation can deviate in very rare exceptional cases or be indicated incorrectly, since these are automatically integrated and calculated. If this is the case with an ordered article, the customer will be contacted by us and the further procedure agreed. A cancellation is then a matter of course.
    The prices in the shop are net incl. SWICO and incl. VAT, however, unless otherwise agreed, plus transport costs and packaging.

4 Delivery

  1. Complaints regarding damage or poor packaging must be reported immediately upon collection of the consignment.

5 Warranty

  1. The goods must be checked for damage immediately upon collection. Liability for normal wear and tear and wear parts is excluded. Warranty claims against dplan AG are only entitled to the direct buyer and are not transferable. We assume no guarantee for software installations on pre-installed PCs, notebooks, etc. Nor can any warranty claims be made for software errors or malfunctions.
  2. All devices are sold without warranty and guarantee claims. No warranty claims can be made. The devices are used and show corresponding signs of usage
  3. Unless otherwise agreed, the defective parts/devices will be replaced or repaired by equivalent ones.
    There is no right to claim damages resulting from the use of the defective product.

6 Returns/Returns

  1. For damaged goods, we demand that the defective item be sent or delivered to dplan AG with the enclosed description of the defect for repair and clarification. The replacement of parts, assemblies or entire devices does not give rise to any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices, the buyer must ensure that any data has been saved as copies, as these may be lost during repair work.

7 Retention of title

  1. The delivered goods remain the property of dplan AG until full payment has been received.

8 Payment

  1. Payment is made exclusively by credit card directly in the employee web shop.

9 Limitation of liability

  1. Claims for damages from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents or vicarious agents, unless there is intentional or grossly negligent action. Any liability, as far as legally possible, is rejected. No liability is accepted for consequential damage resulting from the use of the products.

10 Copyright / Software guarantee

  1. If software belongs to scope of supply, we entrust the software to the buyer as unique resale respective for an usage only, this means it is not alloud to copy or to provide this to third parties for usage. Software is excluded from all warranty conditions which arise in forms. Only conditions of the license agreement of the manufacturer are valid.

11 Place of jurisdiction

  1. Solothurn is the exclusive venue of jurisdiction for all direct or indirect disputes arising from
    the contractual relationship. The legal relationship will be governed by Swiss law.
  2. Before invoke of a judge, we would like to point out in mutual interests, to find a consensual
    solution in case of any arising disputes.

Solothurn 07.11.2017
dplan AG
Rosenweg 2
CH-4500 Solothurn

Modifications and adjustments will be reserved at any time.