Terms and Conditions
General Terms and Conditions of Tratson AG (AGB_25_V3.3)
This is a translation of the legally binding German version. In the event of any discrepancy, the German text prevails.
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as «GTC») apply to all business relationships between Tratson AG (hereinafter referred to as «Tratson AG», «us» or «we») and the end consumer (hereinafter referred to as «end consumer», «customer», «buyer» or «you») with regard to our products (hereinafter referred to as «products» or «goods»).
The registered office and contact details of Tratson AG are:
Tratson AG
Mellingerstrasse 19
CH-5413 Birmenstorf
+41 (0)44 212 22 31
E-mail: info@tratson.ch
Individual agreements concluded with the customer take precedence over these GTC. To be valid, such individual agreements must be made in writing. Conflicting terms of the customer are not recognised.
Tratson AG reserves the right to amend these GTC at any time. All amendments take effect upon publication of the new GTC on the website. When a product is purchased, the decisive point in time for the applicability of the valid GTC is the date on which the binding order is submitted to us.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and to our privacy policy, and you declare that you are authorised to enter into legally binding contracts and are at least 18 years of age.
2. Conclusion of a purchase contract
The presentation of the products on our website, flyers, brochures, posters, magazines or other media does not constitute a legally binding offer, but merely non-binding information for customers. Tratson AG expressly reserves the right to change the products themselves as well as the content, such as images, range, prices and the descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information relating to our products serve information purposes only and are not binding on Tratson AG.
The customer may submit a binding offer to order the products they have selected verbally, e.g. by telephone or in person, or in writing by e-mail, SMS, letter or by clicking the button.
An order confirmation is sent to the customer by e-mail as quickly as possible. This confirmation e-mail contains the details of your order and the GTC you accepted during the ordering process. By placing the order, in any form, you confirm that you have read the GTC and agree to them unreservedly. We recommend that you print out the GTC for the purpose of the order and your documentation, or save them on your computer.
After you have placed a binding order, Tratson AG is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded to you if the order is cancelled. Reasons for rejecting an order may be, for example, that a product is no longer available, that we cannot obtain authorisation for the customer’s payment, or that there is reason to believe that the customer is acting in breach of these GTC or any individual contracts and/or intends to carry out fraudulent or other criminal activities.
A binding purchase contract with the customer comes into existence with our written order confirmation.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products that cannot be delivered
All information about the availability, dispatch and delivery of a product is provisional information and an approximate guide. It does not constitute binding or guaranteed dispatch or delivery dates. Liability for unavailable products or for delays in dispatch or delivery is expressly excluded.
Our products are available while stocks last. If Tratson AG determines while processing your order that the products you have ordered are not available, we will inform you immediately. In this case, no contract is concluded for the products that cannot be delivered, because the ordered products cannot be supplied.
We further reserve the right to limit the number of items that can be purchased by one customer. In such a case we will inform the customer accordingly by e-mail.
4. Installation
For purchases by customers resident in Switzerland, the customer may choose when ordering whether the product is to be installed by one of our partners or whether the customer wishes to organise or carry out the installation themselves. If the installation is carried out by one of our specialist partners, a flat-rate installation fee will be invoiced to you in addition in the order confirmation. Irrespective of the right of withdrawal of 365 days (see point 9 below), this fee is payable to Tratson AG within 30 days. This flat rate does not include any further costs incurred during installation of the product, such as additional material or the installation of a power socket.
Tratson AG selects its specialist partners carefully and instructs them in order to enable an optimal installation of your product. However, any liability of Tratson AG is excluded for direct, indirect or consequential damages that may arise for the customer during installation by the specialist partner or as a result of improper installation, irrespective of the degree of fault of the auxiliary person.
5. Prices and shipping costs
For shipments within Switzerland, all prices include the current statutory value added tax (VAT). For shipments to countries outside Switzerland, country-specific value added tax and any customs and handling fees must be paid by the customer upon receipt of the goods.
By placing a binding order you declare that you agree to the total price for the products ordered. After the binding order has been placed, the price can no longer be adjusted.
Tratson AG reserves the right to change prices at any time. Products are invoiced on the basis of the prices offered at the time the binding order is placed.
6. Payment terms / credit check
Orders are generally due for payment immediately. For orders outside Switzerland, the entire price must be paid in advance. In this case, the ordered goods will only be dispatched to the customer after receipt of the full payment.
The customer may pay using the means of payment displayed on the website or during the ordering process. These may change from time to time and by country. We further reserve the right not to offer certain payment methods in a specific individual case and to refer to other payment methods used by us. The customer expressly authorises Tratson AG to carry out credit checks at its own discretion and, for this purpose, to pass on customer data to third parties where necessary.
By choosing the means of payment, the customer authorises payment either by entering credit card details or the access data of a payment service provider. The customer authorises Tratson AG to collect or draw payments by the corresponding means. In the event of chargebacks, Tratson AG is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Tratson AG is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or an alternative payment method, we reserve the right to check the validity of the card, to verify the availability parameters for collection and the address details, and to request authorisation from the card issuer or payment provider. You further confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Tratson AG reserves the right to cancel the order and to stop the dispatch of the products. In this case we will contact you immediately.
When paying by invoice, the customer receives the invoice with a payment slip together with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, Tratson AG is entitled to charge its expenses for each reminder of at least CHF 50.- and further costs associated with debt collection, as well as the statutory default interest. Should it become necessary to initiate debt enforcement proceedings, we will charge an additional processing fee of at least CHF 200.-.
7. Delivery conditions
Delivery is generally made via the delivery service of Swiss Post Ltd. For deliveries within Switzerland, the shipping costs are borne by Tratson AG. For deliveries to the EU, the following delivery services are used: Swiss Post Ltd.
The products you order from us and that are available in stock at the time of ordering will be delivered to you within 7 to 14 working days, depending on the destination. For deliveries outside Switzerland, the product will be delivered within 7 to 14 working days after receipt of the full payment.
Tratson AG does everything possible to comply with the stated delivery times. However, Tratson AG is not responsible for delivery delays, regardless of their cause.
If the impediment to performance lasts more than 3 weeks beyond the planned delivery date, Tratson AG will inform you of this immediately. Further claims, in particular claims for damages, are excluded.
If delivery of the product fails due to the fault of the customer, Tratson AG is entitled to withdraw from the contract. Any payments made will be refunded less a flat-rate expense fee of at least CHF 50.-.
8. Retention of title
Tratson AG remains the owner of the delivered products until they have been paid for in full.
9. Right of withdrawal and return within 365 days
Requirements:
For all purchases of our products through Tratson AG (with the exception of certain products; see the withdrawal restrictions below), you as a consumer1 have a right of withdrawal within 365 days of the invoice date, without giving reasons. You may withdraw from the contract within 365 days of the invoice date by returning the goods to us or by informing us of your decision to withdraw from the contract by means of a clear declaration of withdrawal in text form by e-mail (to info@tratson.ch). The 365-day return period begins on the invoice date and is deemed to have been met if the goods or the notice of withdrawal have reached Tratson AG on the last day of the return period.
You may use the withdrawal form provided at the end of these GTC. You are responsible for the return shipment and bear the full costs and risk.
Exercising the right of withdrawal requires that the installation protocol supplied with the product has been completed in full and signed. It must be sent or transmitted to us together with a photo of the installed product within 30 days. It is further required that the invoice has been settled within the specified payment period. In addition, the goods must reach us complete and undamaged, if possible in the original packaging, and within the specified deadlines.
The goods must be returned to the following address:
Tratson AG
Mellingerstrasse 19
CH-5413 Birmenstorf
+41 (0)44 212 22 31
E-mail: info@tratson.ch
Consequences:
If you withdraw from the contract and have made a payment, we will refund the amount you paid, provided the goods are returned properly, without delay and at the latest 8 weeks from the day after the goods have reached us, or the corresponding invoice will be cancelled. The refund is based on the payment method originally used and is always made to the associated account that was used for the payment, unless expressly agreed otherwise with you. Please ensure that you have access to the specified account, as Tratson AG accepts no liability in this respect.
We may refuse the refund until we have received the goods back.
Withdrawal restrictions:
The right of withdrawal does not apply to contracts for the supply of products that have been individually manufactured to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualised products).
The right of withdrawal does not apply to any installation costs. These are always owed without restriction within 30 days.
10. Notification of defects / warranty for manufacturing faults
After receiving the products, the customer must immediately check them for correctness, completeness and any damage. Physical faults on the product or damage must be reported to Tratson AG within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the goods for defects or do not report them immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us. A lack of effectiveness or alleged consequential damage does not constitute a product defect or fault (see section 12 below).
The warranty period is generally 2 years from the delivery date and 10 years for the electronic board, irrespective of whether the product has been installed with the customer’s sanitary installations or not. Excluded from the warranty are products that have been damaged through the buyer’s own fault or by external factors such as damage to the electronic board caused by water or excessively high ambient temperatures.
The customer’s warranty claims are limited to replacement delivery or rectification of defects/repair, to the exclusion of all other claims, in particular reduction of the price or compensation for indirect and consequential damages. Tratson AG decides at its own discretion on replacement delivery or repair.
To report a complaint or for service questions, please contact us at the following address, stating the invoice number, the customer number, a description of the fault and any other helpful information:
Tratson AG
Mellingerstrasse 19
CH-5413 Birmenstorf
E-mail: info@tratson.ch
The faulty product must be returned to the above address of Tratson AG together with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer’s cost and risk. Please obtain confirmation of your return and keep this confirmation, as your warranty claim cannot be processed in the event of a lost parcel.
11. Complaints
We attach great importance to customer satisfaction. You can reach us using the contact details given at the beginning. We endeavour to review your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have complaints, please help us by telling us the exact problem or the fault symptoms and, if applicable, by providing a copy of the invoice or at least your customer number. We endeavour to reply to you within 10 working days.
12. No warranty of effectiveness & exclusion of liability
All Tratson limescale protection devices are manufactured with the utmost care and in accordance with the strictest technical standards. However, the effectiveness of the products depends on further factors such as the composition of the water and the customer’s sanitary installations. Accordingly, Tratson AG gives no warranty for the effectiveness of the products, in particular not that the water composition changes in a health-promoting way, that no new limescale deposits form, or that existing, old limescale deposits are removed by using Tratson limescale protection devices. The customer acknowledges that, despite the use of a Tratson limescale protection device, potential damage to water pipes, household appliances, sanitary installations and water-using devices cannot be entirely excluded.
A lack of effectiveness or alleged consequential damage does not constitute a product defect or fault. It is therefore incumbent on the customer to check the water composition as well as the condition and the effect on the sanitary installations such as water pipes, boilers, heating systems, household appliances or other applications, as well as surfaces of all kinds in their household, regularly, i.e. at least every month, and to clean them if necessary, or to have them cleaned or replaced, or to have the service and maintenance work carried out in accordance with the manufacturer’s instructions, or to discontinue use of the product.
In the event of a breach of its contractual obligations, Tratson AG is liable for damages caused by it through unlawful intent or gross negligence and proven as such. For slight and medium negligence, liability for all types of damage, whether based on a contract, a tort or any other reason, is expressly excluded. Excluded damages include, for example, damage caused by limescale deposits on water pipes, boilers, heating systems, household appliances or other applications, and surfaces of all kinds in the household. Further excluded damages are, for example, loss of profit, financial loss, reputational damage or data loss due to temporary impairments or interruptions in the availability of the services and products of Tratson AG. In addition, irrespective of the degree of fault of the auxiliary person, Tratson AG accepts no contractual or non-contractual liability for damages caused by auxiliary persons or by companies commissioned by Tratson AG that are engaged to provide a service, in particular the installation of a limescale protection device.
The above exclusions and limitations of liability do not apply in the case of culpable injury to life, body and health directly caused by Tratson AG, nor in the case of mandatory statutory liability, for example on the basis of the provisions of the Product Liability Act.
Event outside our control:
In the event of an occurrence that lies outside our sphere of influence and our control (so-called force majeure), we accept no liability or responsibility for the non-performance or delayed performance of any obligations arising from these GTC and the contractual relationship based on them. An event outside our control exists, for example, in the following cases:
Strikes, lockouts or other industrial action by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemic, other natural disasters, or the failure of public or private communication networks or the unusability of rail, shipping, air or road routes or other means of public or private transport.
Should an event outside our control occur that affects the fulfilment of our obligations under the contract, we will inform you of this at the earliest possible time.
13. Data protection
Tratson AG collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy, which forms an integral part of these GTC.
14. Copyright
The information and content published on the website are protected by copyright and are the property of Tratson AG or of the respective rights holder. Reproduction, editing, distribution or any other form of exploitation require the prior written consent of the respective rights holder. Tratson AG and the respective rights holder expressly reserve all rights in this regard.
15. Severability clause
Should any of the provisions of these GTC be or become unlawful, invalid or unenforceable for any reason, this does not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that most closely reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
16. Applicable law and place of jurisdiction
These GTC, the contractual relationships based on them and any disputes are governed exclusively by Swiss substantive law, excluding the conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction, both for natural persons and for legal entities, is CH-5400 Baden, in the canton of Aargau, Switzerland.
Withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to:
Tratson AG
Mellingerstrasse 19
CH-5413 Birmenstorf
+41 (0)44 212 22 31
E-mail: info@tratson.ch
I hereby withdraw from the contract concluded by me for the purchase of the following goods:
___________________________________________________________________________
Ordered on: _______________________________
Received on: _______________________________
Name of consumer(s): _______________________________
Address of consumer(s): _______________________________
Place and date: _______________________________
Signature of consumer(s): _______________________________
1 Consumers are natural persons acting outside their commercial, business, craft or professional activity.
