General Terms and Conditions Online Shop

1. Scope

1.1 The general terms and conditions sale and rental by Doka Schweiz AG (available here: https://www.doka.com/de-CH/home/termsandconditions/AGB) apply and are extended by these general terms and conditions (Online Shop GTC). The GTC apply to the online sale and rental of Doka formwork materials including accessories, wall formwork, slabs, system components, equipment, injection pumps, waterproofing products and other movable property (collectively Goods) by Doka Schweiz AG, 8155 Niederhasli (ZH) (Seller) through its online shop shop.doka.com/shop/ch/ including all subdomains and websites (Online Shop) belonging to the domain www.doka.com. In the event of contradictions be-tween the Online Shop GTC and the GTC Sales / Rental, the Online Shop GTC take prece-dence.

1.2 These Online Shop GTC are an integral part of the contract between the Seller and the Customer.

1.3 Conditions of the Customer which deviate from these Conditions Online Shop (business) are not valid. The Customer completely waives the application of purchasing conditions or other contractual provisions to which Doka has not expressly agreed in writing..

2. Customer registration

2.1. Each Customer must register by entering the mandatory data in the online form. Each Customer’s data must be correct, complete and truthful. During the initial registration, each Cus-tomer is assigned a user name and password (credentials), which the customer must use for subsequent entry into the Online Shop. It is possible that a Customer might conduct their own in-ternal approval processes. The Seller assumes no liability for the granting and exercise of these authorisations and the Customer’s internal approval processes.

2.2. The Seller has the right to verify the identity and powers of representation of the registering users and may also request supporting documents (power of attorney, Commercial Register extract, etc.).

2.3. The Customer is obliged to keep his access data secret and protected from unauthorised access by third parties. The Customer must report any misuse or unauthorised use by the Seller in writ-ing immediately. The Customer is liable for any abuse or any unauthorized use by third parties and any related action or use of services, unless the customer proves these were not his fault.

2.4. If the Customer is inactive for a period of one year and does not visit the Online Shop, his customer data will be deleted. However, a re-registration is possible at any time.

3. Items and ordering in the Online Shop

3.1. Offers of the Seller are not binding unless they are expressly designated as binding. The display of the availability of the products in the course of the order is also non-binding.

3.2. An order in the Online Shop requires the selection of the desired goods, delivery method (delivery or pick-up), delivery or pick-up date and desired payment method (collectively: ordering options). The desired product with the selected ordering options is first stored in the Customer’s virtual shopping basket. There, the Customer can access, modify and delete the selected goods (including the ordering options). In the virtual shopping cart, the Customer also sees the resulting purchase and delivery prices. With the button SUBMIT ORDER, the Customer submits a binding offer to purchase the selected goods, including their choice of ordering options from (order). Be-fore pressing the button SUBMIT ORDER the Customer has the option via the button BACK to go again to the basket to change or delete the goods or the ordering options.

4. Contract execution

4.1. After transmitting the order, the Customer receives a provisional order confirmation. This provisional order confirmation does not constitute acceptance of the offer by the Seller, but rather a preliminary inspection, in which the Seller checks the transmitted offer for availability of goods, desired delivery or pick-up date, and compliance with any purchasing restrictions (prelim-inary inspection).

4.2. After completing the preliminary review, the Seller can reject contract execution without giving any reason and without any claim for compensation by the Customer or implicitly or explicitly accepting the customer's offer, whereby the sales contract between Seller and customer would come into existence. An order shall be considered explicitly accepted if the Seller makes make an express declaration of acceptance. With the provision or delivery of ordered goods, ac-ceptance is considered to be implicitly made. The Customer can view the status of their order at any time online.

5. Purchase price, Payment

5.1. All the online shop purchase prices are net prices without VAT or other import/export duties and are ex works (ex works according to Incoterms 2020). The aforementioned taxes and costs are to be paid by the Customer.

5.2. Delivery costs depend on the delivery location and type of delivery chosen by the Customer and are communicated to the customer via the online shop before the order is placed. Subsequent adjustments to the delivery costs by the Seller are possible.

5.3. Payment is generally due upon acceptance of the offer by Doka. For purchases on account, the purchase price is due one day after receipt of the invoice, or according to the due date indicated on the invoice.

5.4. If the purchase price is to be paid by credit card, the Customer shall provide all relevant credit card information when ordering in the Online Shop and shall ensure that the credit card is not blocked or expired. The distribution and delivery of goods takes place only after successful transfer of the purchase price via the Customer’s credit card. Any delay in payment shall be borne by the Customer and can lead to delays in complying with pick-up and delivery deadlines or pick-up and delivery dates. The Customer may also be charged interest on arrears.

6. Further provisions

6.1. Making purchases in the Online Shop requires working Internet access. The costs incurred in connection with normal internet use are borne by the Customer.

6.2. Without the written confirmation of the Seller, verbal agreements, commitments or information in particular by employees of the Seller, are not valid. The Customer is not entitled to offset claims against the Seller with those of the Seller against the Customer.

6.3. If these Online Shop GTC provide for a written form, this is fulfilled in the form of an e-mail. For other messages or legally relevant communications, the e-mail form is sufficient, unless explic-itly provided otherwise in individual cases or in these Online Shop GTC. The Seller is, however, entitled to request that the Customer provide a valid signature on the sales contract. In this case, the contract is only executed with the legally valid signature of both parties.

7. Copyright

7.1. The text, image, photo, graphic or similar elements contained in the online shop are protected by copyright and by intellectual property rights. These elements may not be reproduced or otherwise processed or used.

8. Data protection

8.1. All data protection provisions retrievable under Data privacy (https://www.doka.com/de-CH/home/dataprivacy/index) which can be regarded as an integral part of these Online Shop GTC, shall apply.

 

Doka Schweiz AG, valid from 01/2021