General Terms and Conditions

for the sale of DOKA formwork material in the Online Shop

1. Scope

These general terms and conditions (Online Shop GTC) apply to the online sale of Doka formwork materials including accessories, wall formwork, slabs, system components 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
These Online Shop GTC are an integral part of the contract between the Seller and the Customer.
Conditions of the Customer which deviate from these Conditions Online Shop (business) are not valid.

2. Copyright

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.

3. Data protection

All data protection provisions retrievable under Data privacy which can be regarded as an integral part of these Online Shop GTC, shall apply.

4. Customer registration

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 Customer 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 internal approval processes. The Seller assumes no liability for the granting and exercise of these authorisations and the Customer’s internal approval processes.

5. Identity verification and powers of representation

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.).

6. Handling of credentials

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 writing 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.

7. Deletion of credentials

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.

8. Items in the Online Shop

Offers of the Seller are not binding unless they are expressly designated as binding.

9. Ordering in the Online Shop

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). Before 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.

10. Contract execution

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 (preliminary inspection).
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 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, acceptance is considered to be implicitly made.
The Customer can view the status of their order at any time online.

11. Purchase price

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 2010).
The purchase prices and delivery rates may vary depending on the delivery address.
Purchase prices and delivery rates can be viewed by the Customer in the virtual shopping cart before the order.

12. Payment of the purchase price

Unless otherwise agreed, the purchase price must always 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.
The Customer is not entitled to use another payment method. The Seller may, at its sole discretion, accept payment by debit card at pick-up or (both on collection and delivery) issue the goods on account.
If payment on on account has been agreed, the invoice will be issued on pick-up together with the goods, and, for deliveries, will be issued to the Customer’s billing address. 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.

13. Delivery method

The Customer can freely select a delivery method, pick-up or delivery to a place of delivery designated by the customer.

14. Pick-up

For pick-up, the place of performance is the warehouse of the Seller in 8155 Niederhasli (ZH) or any other expressly agreed location. The pick-up date is the expressly agreed date.
In case of delay of acceptance by the Customer, the Seller is entitled to charge to the customer accruing storage costs for storage in the warehouse of the Seller or at a forwarding agent. If, as at the pick-up date, only a part of the order is ready for pick-up, the Customer is obliged to accept the available part of the order.
The Seller is entitled to withhold its performance in full or in part, until such time as the Customer’s payment obligations from existing contractual agreements (incl. sales) are fully complied with or in case of insolvency of the Customer, no guarantee of the invoice amount incl. interest and costs has been provided.
Force majeure and unforeseen obstacles in the Seller’s plant, which conflict with pick-up deadline or pick-up date and were not caused by grossly negligent behaviour or an intentional act of the seller, entitle the seller to a reasonable extension of the pick-up period or a postponement of the pick-up date. Customer claims for fulfilment, damages and/or rescission do not cease to exist in this case.

15. Delivery

Unless a pick-up has been agreed, delivery is made to the Customer's delivery address. Delivery times and dates of the Seller are purely indicative (no fixed date), unless otherwise agreed with the Customer.
The Customer obligated to accept goods which are delivered late. In case of a delay in acceptance by the Customer, the Seller is entitled to charge accruing storage or transportation costs to the Customer.
The Customer is obliged to accept partial deliveries by the Seller.
Deliveries are made at the expense and risk of the Customer, even if the Seller carries out the delivery or the carrier was commissioned or instructed by the seller. Transport insurance is only taken out upon the written instructions of the Customer and at the Customer’s expense. Complaints against the carrier shall be made by the Customer itself.
The Seller is entitled to withhold its performance in full or in part, until such time as the Customer’s payment obligations from existing contractual agreements (incl. sales) are fully complied with or in case of insolvency of the Customer, if no guarantee of the invoice amount incl. interest and costs has been provided.
Force majeure and unforeseen obstacles in the Seller’s plant, which conflict with delivery deadline or delivery date and were not caused by grossly negligent behaviour or an intentional act of the seller, entitle the seller to a reasonable extension of the delivery period or a postponement of the delivery date. Customer claims for fulfilment, damages and/or rescission do not cease to exist in this case.

16. Transfer of benefit and risk

Benefits and risks of goods (especially with regard to destruction or damage) - especially also with delivery or for goods under retention of title - with selection of goods for the Customer at the factory or warehouse.

17. Retention of title

The ownership of the goods shall only be transferred to the Customer with full payment of the invoice amount incl. interest and costs. The Seller is entitled to have the retention of title registered in the title retention register at the Customer’s expense.
The Customer is prohibited from renting, selling, pledging goods which are under retention of title (reserved goods), or from mixing them with outside goods or to assigning them as collateral. The retention of title also applies for guaranteeing improved or replaced goods.
All receivables from a resale of goods under retention of title by the Seller, in contravention section 6.2 or even with the consent of the Seller, shall hereby be assigned by the Customer to the Seller as payment. The Customer shall make appropriate entries in its accounts and is obliged to, at the request of the Seller, to disclose these names and addresses of its customers, as well as the inventory and amount of receivables resulting from the resale, and to notify its customers of the assignment of claims. Profits realised by the Customer from the resale of the goods shall be passed on immediately to the Seller.
In the case of seizure or claims by third parties to the retained goods, the Customer is required to assert the Seller’s property rights and to inform the Seller immediately in writing. The Customer shall compensate the Seller for all costs arising in connection with the protection of the Seller’s property rights. The Customer must provide the Seller, upon request, with all documents necessary for the maintenance and enforcement of the property rights.
In case of a delay in payment for the goods that are under retention of title, the goods must be returned to the Seller immediately upon first request. If the Customer does not immediately comply with this request, the Seller is entitled to collect the goods. The cost and risk of transporting the goods to the Seller shall always be borne by the Customer. The return shipment or pick-up of the goods shall not be viewed as a withdrawal from the contract in this case. The Seller is entitled to sell the recovered goods elsewhere and to use the revenue to offset their claims against the Customer. The Customer must be informed about the intention to resell and the amount of the purchase price, and has the option to, within four weeks, provide the Seller with the names of other customers who will purchase the goods under the announced conditions or conditions that are more favourable for the seller.

18. Warranty for defects

The Customer is obliged to check the condition of the goods immediately, no later than five working days after complete or partial delivery, and in any event before further use, rental or sale.
The Customer shall immediately report obvious and hidden defects to the seller, at the latest after 5 working days of discovery, in writing with an exact description of the defect (notice of defects). This also applies to delivery of incorrect goods (incorrect delivery) or incorrect delivery quantities. If no timely inspection is performed and/or no timely notice of defects is given, and/or it is not in the proper form, the goods shall be deemed as approved.
By engaging in negotiations on complaints, the Seller does not waive the defence that the complaint was not made in time or was insufficiently specific.
If a defect or a repeated defect is present, and the Customer complies with its obligations for inspection and notification of defects on time and in the proper form, the Seller has the discretion to either remedy the defect (repair) or deliver a replacement. Even after completed rework or replacement, the Customer is not entitled to a make claim for conversion, impairment or compensation for damages.
The rework or replacement does not include removal of the defective goods or the replacement of the reworked or replaced goods.
The Customer is entitled to return defective goods after prior inspection and approval by an employee of the Seller. Until rework or replacement, the Customer shall ensure the proper unloading and storage of the goods.
All warranty rights of the Customer expire at the end of 6 months after delivery of the goods.
Further processing, machining or improper use of the goods by the Customer or third party to whom the customer has left the goods will result in the exclusion of any warranty.
Sales of used goods as well as sales of rental equipment are executed without any warranty. The foregoing warranty provisions in this Section 7 are not applicable to the sale of used goods and the sale of rental equipment

19. Liability

Over and above the guarantee in accordance with section 18, contractual or non-contractual liability of the Seller is excluded. This disclaimer does not apply to damage caused intentionally or through gross negligence by the Seller, if the presence of intent or gross negligence can be proved by the Customer in each case. The Seller is not liable for indirect or indirect damages, consequential damages including lost profits, damage caused by delay (for example, when loading or unloading or due to missing or improper loading methods (e.g. unsuitable forklift trucks, cranes, etc.)) and unrealized savings.
The Seller is not liable for damage caused by assistants (vicarious agents, carriers, etc.) or substitutes.

20. Cancellation of the contract

If the Customer is late with payment of the invoice amount by more than 14 calendar days or the customer has not, in case of insolvency, paid the required guarantee of the invoice amount incl. interest and costs within 14 calendar days, the Seller shall, after expiry of a brief extension, have the right to demand compensation for damages, esp. for work already performed, and/or to cancel the contract.
The Seller is entitled to cancel the contract if, in garnishment or lien proceedings against the Customer, a continuation or recovery application has been made or the customer is threatened with bankruptcy, or had filed a bankruptcy application.
In case of cancellation, the Customer shall return any already delivered goods within 14 working days, at its own expense, to the warehouse in 8155 Niederhasli (ZH).
If the Seller is more than 14 days late with the provision or delivery of the goods, the Customer - except in cases of force majeure - shall be entitled to withdraw from the contract after a expiry of a fruitless grace period of at least 14 calendar days.

21. Technical instructions

The Customer may use the product only in accordance with the technical instructions (e.g. operating and installation manuals, user information or formwork drawings), otherwise any warranty or liability of the Seller is excluded. The client alone is responsible for the proper set-up, use and monitoring, as well as the decommissioning and storage of goods.
It is the responsibility of the Customer to obtain any further technical instructions that are necessary for its purposes. In particular, the Customer is responsible for documents downloaded from the Downloads area (in particular user information or information that it is mandatory to provide to the customer). The Seller specifically disclaims any liability for the Customer downloading the document in the correct language.

22. Further provisions

Making purchases in the Online Shop requires working Internet access. The costs incurred in connection with normal internet use are borne by the Customer. 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.
The Customer may assign claims against the Seller only with the written consent of the Seller. The Customer acknowledges that the Seller, as part of the contract handling process, stores and processes personal data of the customer and its employees and agents. The Customer acknowledges that these individuals are informed about data processing as it affects them. The Customer agrees that the vendor may use the goods on the construction site, referencing the Customer by name, for its own purposes in the form of text, image and sound (e.g. on the website, in catalogues, etc.).
The Customer is obliged to maintain confidentiality about the content of the contracts made between the Customer and the Seller. The same applies to all information provided to the Customer, documents (e.g., planning or project documents, user information, operating instructions, instructions for use) and software. In particular, the Customer is not allowed to use the provided information and documents in any form for the purpose of reverse engineering.
The Customer is not entitled to use the information, documents and software supplied by the Seller for any purposes other than those specified in the contract. The knowledge and software contained in the documents is provided to the Customer for these purposes only.
Should one or more provisions of these General Terms and Conditions of the Online Shop or the contract between the Customer and the Seller be invalid or unenforceable for any reason whatsoever, the validity of the remaining provisions will not be affected thereby. The invalid or unenforceable provision, a provision will be replaced by a provision that comes closest to the intended purpose.
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 explicitly 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.
Hindrances due to force majeure (work stoppage, lockout, operational disruption, import bans, lack of raw material, non-timely self-delivery, etc.) release the Seller from its obligation to pay while the hindrance persists.
In the case of inconsistencies between the German, English, French and Italian versions of these Online Shop GTC, the German version shall prevail.

23. Jurisdiction and applicable law

The exclusive jurisdiction for all disputes arising out of or in connection with this contract is the registered office of the Seller. Swiss law applies exclusively, to the exclusion of the rules of private international law and inter-national treaties, and especially of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

GTC Download

Doka Schweiz AG, CH03/2017