Terms and Conditions

General Terms and Conditions (GTC) Stein Zone AG:

  1. Application of the general terms and conditions

The general terms and conditions apply to all contractual relationships that the customer enters into with Stein Zone AG, hereinafter also referred to as “supplier”.

The customer acknowledges the general terms and conditions as binding for the contractual relationship as soon as he receives an offer or order confirmation from Stein Zone AG or places an order with Stein Zone AG. The current version of the general terms and conditions that is official at the time the contract is concluded shall apply.

Deviations from the general terms and conditions are only valid if these deviations have been agreed in writing. Counter-confirmations by the customer with reference to their own business or purchasing conditions are expressly contradicted. You and other deviating provisions only apply if they have been expressly approved in writing in individual cases. This consent requirement is also not replaced by unconditional execution in the knowledge of different conditions of the customer.

  1. Validity and interpretation of offers

The offers from Stein Zone AG are valid for two months from the date of issue, unless otherwise stated in the offer. This obligation does not include transport costs, low or high water surcharges, exchange rates, energy surcharges / energy variables, steel prices and maritime and internal surcharges (such as KWZ, BAF, congestion, etc.) for container and ship offers. For these costs, surcharges, courses and prices, the values ​​valid at the time of contract always apply. The values ​​mentioned in the offer will be adjusted according to the change until the contract is concluded. The prices stated in the offers only apply in connection with the quantity offered. A change in the quantity results in a change in the prices.

  1. Risk transfer

All deliveries are made on account and at the risk of the customer. In particular, the risk arises with charging in the warehouse of the supplier from Stein Zone AG to the customer.

  1. Quantities

For the promised quantities, the quantities upon loading are considered to be decisive. The measurements or weighing are carried out when charging. The values ​​according to weighing, delivery or delivery notes apply when loading. Something else only applies if the customer can prove that the weighing, delivery and delivery notes are incorrect.

  1. Packaging

Unless otherwise stated, all packaging materials are disposable packaging and become the property of the customer. The packaging material as well as the palletizing, packing, picking and bagging are additionally charged to the customer. Undamaged exchange pallets (e.g. SBB, EUR, factory pallets) are supplied by the supplier will be withdrawn from Stein Zone AG. The amounts will be reimbursed minus the loan / exchange fee.

  1. Place of performance

The general place of performance is the registered office of the supplier, CH-6312 Steinhausen.

  1. Delivery

Prices from stock include loading and excluding pick-up. The customer is responsible for the proper load securing and compliance with the permissible total vehicle weight and the collection. Delivery dates or delivery periods must always be stated in writing. They are only binding with the express written confirmation of the supplier. Fixed transactions must be expressly designated as such and explicitly confirmed in writing by the supplier. If the delivery is delayed for reasons for which the supplier is responsible, the customer is only entitled to withdraw from the contract if he has granted a reasonable grace period, at least four weeks, in individual cases. The supplier is entitled to make partial deliveries and partial services at any time, unless this is unreasonable for the customer. In the case of prices ex works, the deliveries are carried out in whole truck loads and / or in whole containers. The customer must state the exact construction site address, the driveway and the contact persons on site when placing the order. The assigned places must be freely accessible and the unloading point must be suitable for unloading. Crane unloading and / or moving work are to be organized by the customer and the customer is solely responsible for this work. In particular, he must order the necessary unloading devices in good time. If the customer has not given the construction site address, the driveway and the contact persons on site, the assigned places are not freely accessible, the unloading point is not suitable or a necessary unloading device is not available, waiting times, onward or return transport are at the customer’s expense and will be charged additionally.

  1. Force-majeure clause

Force majeur is an external, i.e. non-operational, unpredictable and inevitable event that makes it difficult or impossible for the supplier to comply with the contract even with the utmost care. This can e.g. B. Natural disasters, such as volcanic eruptions, storms, floods, earthquakes or other events, such as state closure of the border, state export or import bans, closure or unusability of transport routes, pandemics, local epidemics, wars, riots, terrorist attacks, boycott measures and also strikes or Material shortages.
If the supplier is affected by such an event, he will immediately inform the customer. The information is to be combined with a forecast of how long the event will last.
If the supplier is affected by such an event, it is released from its contractual performance obligations for the duration of the event; any execution obligations will be extended accordingly. In such cases there are no claims for damages.
For important reasons, the supplier can terminate the concluded agreement with effect from notification or revoke the agreement from the conclusion of the contract.

  1. Terms of payment

For new customers and private customers, prepayment or cash payment applies net. For business customers, invoices must be paid within 30 days of the issue, unless otherwise agreed in writing. Discount deductions are not permitted. Small collections from stock are to be paid in cash upon collection.

  1. Sales Tax

In addition to the purchase price and the fee for other services, as far as legally provided, sales tax is due. If there is a subsequent charge at the supplier at a later date, that means the company Stein Zone AG, because as example, If the delivery and / or service is qualified differently in terms of VAT and / or the customer does not meet his documentation obligations and / or for other reasons, the supplier is entitled to invoice the customer for the subsequent charge.

  1. Defects, notice of defects

The delivered goods are to be checked by the customer upon receipt and if defects are found, they must be reported immediately in writing. In the case of collection / delivery, defects that cannot be determined even after a correct inspection must be reported in writing immediately after detection. If the customer does not check the delivered goods in good time or if he does not complain about the defects in writing and in good time, the rights to defects are deemed to have expired and the delivery has been made correctly. Inconsistencies must be resolved before the material is installed / processed.

Natural stones are unique pieces created by nature over millions of years. Therefore, there are always color differences, cloudiness, pores, explosions, hairline cracks, stitches, veins, glasses, etc. These deviations caused by nature do not constitute defects.

The customer can only assert his rights to cancel the contract, price reduction or replacement delivery due to non-conformity of the goods if he has given the supplier a reasonable grace period for rectification and the rectification has not taken place within this period or is refused by the supplier. To the extent permitted by law, the liability of the supplier, for whatever legal reason, for indirect damage and consequential damage (including loss of profit, loss of goodwill, damage to business failure and futile expenses) is excluded. Any claims for damages by the customer are also limited to a total amount equal to the value of the delivery. Claims for damages by the customer due to the mere delay in delivery are limited to the total amount equal to the value of the transport costs.

  1. Retention of title

The ownership of the delivered goods is only transferred to the customer once the invoice has been paid in full. The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. As a precautionary measure, the customer transfers the claims arising from the resale or another legal reason (insurance, unlawful act) with regard to the reserved goods to the supplier or commits to this assignment. The customer is authorized to collect the assigned claims in his own name. At the request of the supplier, the customer will disclose the assignment and provide the necessary information and documents. The supplier can have the retention of title entered in the retention of title register at any time in Switzerland. The customer is required to handle the product with care. If the goods delivered by the supplier are mixed or combined with other items, the customer assigns to the supplier his ownership or co-ownership rights to the mixed stock or the new item.

  1. Subsidiary agreements

Subsidiary agreements are only valid if confirmed in writing.

  1. Data protection, other

The supplier adheres to the applicable statutory data protection regulations and hereby refers to the separate data protection declaration. By using the website and the web shop of the supplier, the customer declares his consent to the processing of the stored data in the ordinary course of business and / or business. The supplier expressly guarantees that personal data will neither be sold to third parties nor marketed in any other way.

Should one or more provisions of these general terms and conditions be or become ineffective, the effectiveness of the remaining provisions remains unaffected. The parties replace the ineffective provision with a valid one which, in economic terms, corresponds as far as possible to the original will of the party. The same applies to regulatory gaps.

  1. Applicable law

Swiss law is applicable to the contractual relationship between the parties, excluding the Vienna Sales Convention.

  1. Place of jurisdiction

The exclusive place of jurisdiction for disputes arising from this agreement is the registered office of the supplier with whom the contractual relationship was entered into, CH-6312 Steinhausen ZG.