PBK DESIGN GmbH, Kapellstrasse 17, 5610 Wohlen
Tel .: 056 622 24 51
Managing director: Hasan Morina
VAT identification number: CHE-102.021.551
1.1. These general terms and conditions (GTC) regulate the contractual relationships between the customer and PBK DESIGN GmbH regarding the goods and services offered by PBK DESIGN GmbH
1.2. The terms and conditions form part of all contracts concluded by the customer with PBK DESIGN GmbH. By signing the registration form for customer registration or opening a user account for the online shop for the first time, the customer accepts the terms and conditions, which also apply to all future contracts. The general terms and conditions are also accepted by the customer with his order declaration. Any changes to the terms and conditions will be notified to the customer in a suitable manner. By submitting the next order declaration, the customer accepts the amended terms and conditions.
1.3. The prerequisite for a valid contract conclusion is that the customer's registered office is in Switzerland or Liechtenstein, which is guaranteed by the customer.
1.4. Products from PBK DESIGN GmbH can be ordered electronically via the online shop, e-mail, letter post, telephone, as well as directly in the branches. The customer confirms that his information is truthful and complete.
2. Registration as a customer / online shop user account
2.1. Every customer is entitled to create a user account for the online shop via the Internet, whereby he is obliged to fill in the information truthfully and completely.
2.2. PBK DESIGN GmbH assumes no liability for damage caused by transmission errors, failures, technical defects and malfunctions, operational failures or unlawful interventions in the IT systems of the customer or a third party. The customer is solely responsible for his user account and the protection of his user name and password. The damage caused by the improper use of the user account or incorrect manipulation will be attributed to the customer.
2.3. PBK DESIGN GmbH is entitled, without prior notice and without giving reasons, to block the user account for the online shop and the registration as a customer if the access authorization has been improperly obtained through incorrect information in the registration form, the information provided by PBK DESIGN GmbH misused or the functionality of the online shop impaired, as well as if there is another important reason for which the customer is responsible.
2.4. Provided that the processing of current contractual relationships is not impaired, the customer has the right at any time to request in writing the deletion of his registration as a customer or the user account for the online shop. In this case, PBK DESIGN GmbH will delete all user data and all other personal data stored about the customer as soon as they are no longer required to process the contractual relationship and no longer have to be stored in accordance with the statutory provisions.
3. Offers / orders / availability of products
3.1. The order of a product (goods or service) by the customer via any communication channel (online shop, e-mail, telephone, letter post) is binding for the customer.
3.2. When ordering via the online shop, the customer can track and print out the current order he has made and the orders made in the past twelve months in his user account.
3.3. A contract between the customer and PBK DESIGN GmbH is concluded at the latest if PBK DESIGN GmbH does not reject the application within three working days of receiving the order. The period begins one day after delivery of the order and is met if the declaration by PBK DESIGN GmbH is sent on the last day of the period or is communicated to the customer. PBK DESIGN GmbH reserves the right to refuse the processing of an order without giving reasons or to impose quantity restrictions.
3.4. PBK DESIGN GmbH points out that changes can be made to the products to be delivered even after the conclusion of the contract, provided that it has no influence on this because the changes are made by the manufacturer or this does not contradict the legitimate and overriding interests of the customer.
3.5. PBK DESIGN GmbH does not guarantee the availability of the products and reserves the right to only execute the contract to the extent that the ordered products are actually available in the warehouse or that PBK DESIGN GmbH is supplied on time by the manufacturer or supplier. For important reasons, PBK DESIGN GmbH is entitled to exchange the product of a certain brand ordered by the customer with the functionally identical product of another brand.
4. Delivery / transfer of risk
4.1. The delivery is made directly to the delivery address and contact person in Switzerland provided by the customer when registering as a customer or placing the order. Deliveries abroad are only made on the basis of an individual agreement between the customer and PBK DESIGN GmbH. The place of fulfillment is the place where the goods are handed over to the transport company.
4.2. Deliveries in Switzerland are usually made within 24 hours on working days, with the exception of backlog reports. Unless otherwise agreed in writing, the stated deadlines are only approximate and PBK DESIGN GmbH assumes no liability for a specific delivery time.
4.3. The delivery period begins on the day following the unused expiry of the period in accordance with Section 3.4. follows and assumes that all obligations of the customer (e.g. terms of payment, documents to be provided by the customer, fulfillment of advance payment obligations) are met. PBK DESIGN GmbH is entitled to perform the contract early.
4.4. If a binding delivery period or an execution date has been agreed and this cannot be met for reasons for which PBK DESIGN GmbH is responsible, the customer is obliged to remind PBK DESIGN GmbH in writing and to set a grace period of at least 30 days for fulfillment.
4.5. In the event that a binding delivery period or an execution date has been agreed and this cannot be met for reasons that cannot be attributed to PBK DESIGN GmbH, the customer is only entitled to withdraw from the contract provided that the delivery period or the execution date has been exceeded by more than six weeks.
4.6. The delivery in Switzerland or abroad takes place at the expense of the customer, who in particular also bears the packaging costs and all kinds of taxes, duties, fees, customs duties and the like. This also applies to partial deliveries for which the customer is not responsible or if the customer orders several products to choose from.
4.7. For all deliveries and also for self-collection, the risk is transferred to the customer as soon as the goods are ready for dispatch or have been handed over to the carrier or self-collection. Any liability for transport damage is rejected.
4.8. PBK DESIGN GmbH can refuse deliveries or the execution of work if there are outstanding claims against the customer.
5. Obligation to accept / cancel
5.1. The customer is obliged to accept the products delivered by PBK DESIGN GmbH. If the customer refuses acceptance, it is up to PBK DESIGN GmbH whether it insists on the fulfillment of the contract or withdraws from the contract. In any case, PBK DESIGN GmbH is entitled to charge a handling fee of 10% of the invoiced price. The right to claim further damages remains reserved.
5.2. The return of products is excluded, with the exception of those that are returned within 10 days in new condition and in undamaged original packaging. In no case will products that have been specially ordered or manufactured for the customer be taken back. For products that are permitted to be returned within 10 days of delivery, a handling fee of 10% of the charged price will be deducted from the credit.
6. Prices and payment methods (default)
6.1. Subject to an individual, written agreement, the prices are calculated according to the rates at the time of the conclusion of the contract in accordance with Section 3.4. valid amounts stated on the delivery note. In the event of delivery delays or individual purchases for the customer, the daily price on the day of the order by PBK DESIGN GmbH applies. PBK DESIGN GmbH expressly reserves the right to adjust prices at any time.
6.2. The prices are net plus VAT. Transport costs, cash on delivery charges, express surcharges, disposal costs and other fees are charged separately.
6.3. Unless otherwise agreed, all invoices are to be paid within 30 days of the invoice date (net) in Swiss francs without any discount.
6.4. In the event of default in payment in accordance with Section 6.3. or Section 6.4. if the default occurs without a reminder and the customer owes default interest of 5% pa PBK DESIGN GmbH charges a processing fee of CHF 20 for each reminder, whereby the right to claim further damages remains reserved. In addition, PBK DESIGN GmbH is entitled to withdraw from the contract without a grace period, to reverse the contract and to claim damages.
6.5. The offsetting of counterclaims by the customer is excluded. In addition, the customer is not released from his obligation to pay, even if he asserts that he is entitled to claims (e.g. due to defects) from the contract with PBK DESIGN GmbH.
7. Retention of Title
7.1. PBK DESIGN GmbH remains the owner of the delivered products until it has received the contractually owed payments in full. The customer authorizes PBK DESIGN GmbH to make entries in the reservation of title register (Art. 715 ZGB) at his own expense.
7.2. The customer is obliged to handle the item carefully and - if expressly requested by PBK DESIGN GmbH - to adequately insure it against all common risks, in particular fire and theft. Proof of the conclusion of insurance must be provided upon request. The customer bears the cost of insurance. The customer undertakes to assert claims from a claim against the insurance company at his own expense and already now assigns the insurance benefit in the amount of the value of the delivered products (gross invoice value) to PBK DESIGN GmbH.
7.3. The customer is obliged to inform PBK DESIGN GmbH immediately in writing of any third-party claims. In the event of failure, the customer will be liable for damages.
8.1. Immediately after delivery, the customer must check the condition of the received products or the quality of the workshop work or maintenance tasks and, if there are defects, notify PBK DESIGN GmbH in writing, stating the customer and order number. Incorrect delivery is also considered a defect in this sense. If the customer fails to notify us, the products purchased or the work carried out are deemed to have been approved, provided that it is not a matter of defects that could not be identified upon careful examination. If such defects occur later, a written notification must be made to PBK DESIGN GmbH within 48 hours of their discovery, otherwise the product or the work is deemed to be approved with regard to these defects.
8.2. The warranty claims expire within 24 months.
8.3. If a product under warranty occurs during the warranty period and this product has been purchased from the manufacturer by PBK DESIGN GmbH, the customer is entitled to the rights specified in the manufacturer's warranty. With regard to the content of the warranty, the manufacturer's warranty applies exclusively.
8.4. The guarantee is expressly excluded in the event of defects as a result of normal wear and tear, inadequate maintenance, improper storage, use or processing, disregard of operating regulations, incorrect operation, excessive stress such as racing, etc., natural corrosion and other reasons for which PBK DESIGN GmbH is not responsible . The guarantee period expires prematurely if the customer or a third party carries out repair work on the defective product without the prior written consent of PBK DESIGN GmbH.
9.1. PBK DESIGN GmbH is only liable for intentional or grossly negligent direct damage. Liability for indirect damage and damage caused by negligence is excluded. In particular, PBK DESIGN GmbH is not liable for the costs of dismantling and installing the replaced or to be replaced parts as well as for any kind of consequential damage resulting from the use of the defective parts.
9.2. PBK DESIGN GmbH has drawn the customer's attention to the fact that the use of non-original spare parts may void the warranty and liability claims against the manufacturer of the vehicle or other devices. With regard to the guarantee and liability, reference is made to the guarantee provisions of the relevant manufacturer of the non-original spare part. PBK DESIGN GmbH is not liable for direct and indirect damage resulting from the use of non-original spare parts.
9.3. The liability for auxiliary persons of PBK DESIGN GmbH is excluded within the scope of what is legally permissible.
9.4. Customer payments in the PBK DESIGN GmbH online shop are made in a protected area in which the data is transmitted in encrypted form. However, PBK DESIGN GmbH cannot guarantee the security of the payment system and is not liable for the security of the transmission of the data or any damage resulting from any data misuse.
10. Data protection
10.1. The personal customer data recorded by PBK DESIGN GmbH as part of customer registration and contract processing are stored and can be used both for contract processing and for other purposes, such as marketing and statistics. In all of these cases, the data can also be exchanged with affiliated companies and used by them.
10.2. The customer declares his consent that PBK DESIGN GmbH is particularly entitled to use the personal customer data recorded in the course of contract processing for marketing communication with the customer (e.g. by e-mail or post).
10.3. The customer can inform PBK DESIGN GmbH at any time on 056 622 19 76 that he no longer wishes any marketing communication and / or the use of his data from the spare parts orders for the brokerage of suitable garages for end consumers.
10.4. If the customer processes personal data himself when using the online shop, he is responsible for compliance with the data protection regulations. The same applies if the customer transmits data to PBK DESIGN GmbH or has them processed by them.
11.1. PBK DESIGN GmbH reserves the property rights and copyrights to illustrations, drawings, calculations and other documents.
11.2. The customers are obliged to comply with the trademark and copyright regulations and, in particular, not to make any unauthorized use of trademarks and images of PBK DESIGN GmbH or their suppliers (manufacturers). Any unlawful use by the customer has not been approved by PBK DESIGN GmbH. PBK DESIGN GmbH assumes no liability and reserves any claims for damages.
12. Final provisions
12.1. Any sales partners or sales consultants Auto PBK DESIGN GmbHteile Neuenhof are not entitled to enter into obligations or give guarantees on behalf of PBK DESIGN GmbH. Such declarations only become binding once they have been approved in writing by PBK DESIGN GmbH.
12.2. Should any provision of these terms and conditions and / or the contract be or become ineffective, the remaining provisions of these terms and conditions shall not be affected. PBK DESIGN GmbH and the customer hereby undertake to make a regulation that corresponds as closely as possible to the meaning and purpose of the ineffective standard. Changes, additions and ancillary agreements to the General Terms and Conditions must be made in writing.
12.3. Rights and obligations from the contract can only be transferred to third parties by the customer with the written consent of PBK DESIGN GmbH.
12.4. The legal relationship between the customer and PBK DESIGN GmbH is subject to Swiss law to the exclusion of the UN Sales Convention (CISG).
12.5. PBK DESIGN GmbH is entitled to change these terms and conditions at any time. It is the responsibility of PBK DESIGN GmbH to announce the changes in a suitable manner. The changes are approved by the customer when the next order is placed via the online shop or the next order is placed by fax, email, post or telephone.
12.6. These terms and conditions come into force on December 28, 2016. They replace all valid up to this date
General terms and conditions of PBK DESIGN GmbH