Terms of Service
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
AMERYMA's deliveries, services and offers are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. When the goods or services are ordered, these conditions are deemed to have been accepted. The buyer's general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
AMERYMA can change these terms and conditions at any time and without prior 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, images, dimensions, weights and other services) are only to be understood as guidelines and do not represent an assurance 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 are exclusive of transport costs, including VAT.
5. Delivery and performance time
All articles offered by ameryma.com are available in stock and can be delivered immediately. The delivery time is 2-5 working days. Dates and delivery times are non-binding, unless otherwise expressly agreed in writing.
6. Default in 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-fulfillment. AMERYMA is entitled to claim either a flat rate of 25% of the agreed purchase price or compensation for the damage actually incurred from the buyer.
Visible differences in quantity must be reported in writing to AMERYMA and the carrier 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 upon receipt of the consignment.
8. Transfer 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 the dispatch is delayed or impossible through no fault of ours, the risk is transferred to the buyer with the notification of readiness for dispatch. If AMERYMA accepts 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 2 years unless expressly agreed otherwise in writing.
The warranty period begins on the date of delivery. If our maintenance instructions are not followed or changes are made, any warranty is void if the defect can be traced back to this. This also applies if the defect is due to improper use, storage and handling of the products. Insignificant deviations from the warranted 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 buyer and are not transferable.
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. Replacing products does not result in any new warranty periods. 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 in-store purchases nor for online trading.
11. Retention of title
The delivered goods remain the property of AMERYMA until they have been paid for in full.
Depending on the agreement, the invoices are payable in advance with credit / debit card, Apple Pay or PayPal, unless otherwise agreed. The free delivery offered in the ameryma.com shop only applies to Swiss Post Economy deliveries. In the case of other shipping methods, delivery is generally carriage forward, i.e. at the expense of the buyer by parcel post, forwarding agent or his own vehicle, unless something else has been expressly agreed.
A payment is only considered to have been made when we can dispose of the amount.
If the buyer is in default, we are entitled to charge interest at a rate of 5% from the relevant point in time. During the duration of 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 if the contract is no longer valid.
All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases we are entitled to withhold deliveries that are still outstanding or only to carry them out against advance payment or securities.
13. Limitation of Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are excluded both against us and against our vicarious agents or vicarious agents, unless there is intentional or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
14. Data protection
AMERYMA is entitled to process the data received about the buyer with regard to business relationships or in connection with them, regardless of whether they come from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act.
15. Place of jurisdiction
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.