General Terms and Conditions.
1. Scope of application
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders for products placed with LEDCity AG. The version published on www.ledcity.io at the time of the order is valid. Offers on www.ledcity.io are aimed exclusively at persons and companies resident or domiciled in Switzerland or the EU. Orders from outside the EU are also accepted by prior arrangement. The customer’s contractual partner is LEDCity AG, Werdstrasse 21, 8004 Zurich. The GTC shall be deemed to have been accepted upon conclusion of the order. Deviations from the provisions set out here are only valid if they are confirmed in writing by LEDCity AG.
All prices are quoted in Swiss francs. Prices are quoted exclusive of statutory value added tax. If the goods are dispatched abroad, any customs duties and import taxes are to be borne by the customer.
The prices on www.ledcity.ch are non-binding. The price shown on the order confirmation is authoritative. Errors, printing and technical errors are reserved
3. Transfer of risk on dispatch
The risk is transferred to the customer as soon as the consignment is handed over to the party responsible for dispatch (Swiss Post or transport company).
4. Inspection and acceptance
The customer must inspect the goods immediately upon receipt of the order. Obvious defects must be reported in writing within 3 calendar days of receipt. Hidden defects must be reported in writing immediately after discovery. If no report is made, the goods shall be deemed to have been approved.
5. Invoicing and terms of payment
If the ordered goods are in stock at LEDCity AG, they will be dispatched after receipt of payment. By arrangement, goods can also be dispatched on account. In this case, the invoice must be paid within 10 days of receipt of the goods. Deductions such as discounts or similar are not granted. If an order is placed on account, 30% of the gross sales value must be paid in advance for orders with a value of CHF 10,000 or more. The remaining 70 % of the gross sales price must be paid within 10 days of receipt of the goods.
6. Warranty for hardware, software and firmware
The installed hardware may not be removed and/or used or installed in any other way without the consent of LEDCity AG. The firmware and software used in the LED lamps may under no circumstances be read out, reproduced, reused or passed on. It may only be used in connection with LEDCity AG light sources.
7. Liability and warranty
Calculations of energy and cost savings shown on www.ledcity.ch and information on the data sheets, in particular the rated service life, are for guidance only. Under no circumstances do they constitute assurances of properties. Insignificant deviations from warranted properties of the goods do not trigger any warranty rights. An energy and cost calculation can be drawn up by arrangement. They may vary in individual cases and must be prepared on a customer-specific basis.
The warranty in accordance with the following provisions is 2 years for light sources and 1 year for accessories (sockets, suspensions, etc.), unless otherwise agreed in writing.
The warranty is void in the event of improper use. The relevant provisions can be found in the data sheet and the installation instructions.
LEDCity AG reserves the right to repair or replace defective goods. The costs of repairs that are not carried out by LEDCity AG cannot be passed on to LEDCity AG.
Liability for any indirect damage and consequential damage is excluded in full. Liability for direct damages is limited to the sum of the products or services purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
8. Severability clause
Should individual provisions of these General Terms and Conditions be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid and/or ineffective provision in a legally effective manner. The same applies to any loopholes in the provision.
9. Transfer of rights and obligations to persons outside the contract
LEDCity AG reserves the right to transfer individual or all rights and obligations arising from this agreement to a third party or to have them exercised by a third party.
10. Place of jurisdiction and applicable law
This agreement is subject to Swiss law to the exclusion of UN and EU sales law. The exclusive place of jurisdiction for all disputes arising from this agreement between a customer and LEDCity AG is Zurich/Switzerland.
Zurich, 1 February 2020