Firedog by Mantovani: Terms and Conditions

General Terms and Conditions of Firedog by Mantovani, hereinafter referred to as supplier.

Validity of the GTC

The General Terms and Conditions are based on Swiss law and apply within Switzerland, provided that the parties expressly or implicitly acknowledge them. Changes and ancillary agreements are only effective if they are confirmed in writing by the supplier.

If a contract is concluded and the customer also submits terms and conditions, the corresponding points apply. With regard to the deviating components, a written agreement will be made.

These GTC are valid for an indefinite period of time, as long as they have not been changed by the parties in written agreement.

In all other respects, the provisions of the Swiss Code of Obligations relating to the purchase contract (Art. 184 et seq. CO) as well as other Swiss laws and ordinances shall apply. Should any provision of this contract be or become ineffective or the contract contains a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes closest to the economic intention of the parties. The same applies in the event of a gap.

Supplier's offers

Firedog by Mantovani sells items for the dog and its humans.

Price lists and brochures contain non-binding information and indicative prices. Telephone information is not valid for a longer period of time, unless it is clearly an offer.
Offers made in writing, by telephone, in personal conversation or by e-mail are considered binding. If the customer requests deliveries, products or services that are not included therein, these will be invoiced additionally.

An offer is valid for 30 days, unless otherwise agreed in writing. All documents and samples submitted with the offer remain the property of the supplier. Without the consent of the supplier, third parties may not be granted access to the offer documents. Information which is referred to by the supplier as guideline values is non-binding and should only be used to estimate orders of magnitude.

An offer is accepted by the customer explaining this in writing, by telephone, e-mail or in a personal conversation. The supplier confirms acceptance in writing by e-mail.

If the customer wishes to make a change to the order confirmation, the supplier shall inform him within two weeks whether the change is possible and what effects it has on the provision of the services, the dates and prices. The supplier is bound by an offer to change the service for a period of two weeks. The change does not apply to products that have already been delivered.

Dates

The supplier undertakes to deliver the agreed products to the customer on the dates specified in the order confirmation, while the customer undertakes to accept and pay for these products at the predetermined time.

The deadlines will be postponed appropriately if obstacles occur that are beyond the will of the supplier; such as natural disasters, mobilization, war, riots, epidemics, accidents and illness, significant operational disruptions, labor disputes, delayed or faulty deliveries as well as official measures.

In the event of other delays, the customer may:

I. waive further deliveries: He must inform the supplier of this immediately.
II. Demand partial deliveries, if possible: This must be agreed immediately.
III.dem supplier set a reasonable deadline for subsequent performance: If the supplier does not fulfil its performance by the end of this grace period, the customer may, if he declares it immediately, waive the subsequent performance or withdraw from the contract.

The supplier must inform the customer of any delays as soon as possible. General damages are calculated in accordance with Art. 191 CO.

Contract

The order confirmation is decisive for the scope and execution of the delivery. The supplier delivers the products in the ordered version.

Insofar as no special place of performance has been agreed by the parties or is arising from the nature of the transaction, delivery shall be deemed to be the dispatch of the products at the registered office of the supplier.
Unless expressly agreed otherwise, the benefit and risk shall pass from the sender to the customer upon departure of the goods.

Unless a special acceptance procedure has been agreed, the customer must inspect the products himself and report any defects in writing. If the customer fails to notify within 10 days of delivery, the products shall be deemed to be free of defects in all functions and the delivery as approved

Prices and terms of payment

The prices are set in the offer. VAT will be added. The buyer assumes the transport costs as well as the costs for the inspection of the goods.

The customer is obliged to pay for the goods in advance, by prepayment or PayPal

If payment terms are not complied with, the supplier is entitled to:

I. To make claims against the customer immediately
II. or to demand collateral for all outstanding claims
III. and/or outstanding deliveries only against advance payment.
If security or payments have not yet been provided even at the end of a reasonable grace period, the supplier may withdraw from the contract even if the goods or part thereof have already been delivered.

If the customer does not meet the terms of payment, the supplier is entitled to claim damages.

Warranty

The supplier undertakes to exercise care and delivers the products in good quality. He is further committed to the careful selection, training and professional working methods of the employees employed as well as to their monitoring. The warranty period lasts one year.

In the event of defects in the delivered goods, the customer may demand conversion or reduction according to OR or goods of the same class as replacement. The provisions of the Swiss Code of Obligations apply.

Excluded from the warranty are defects and malfunctions for which the supplier is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive stress, unsuitable operating resources or external environmental influences.

If the customer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the customer modifies the resold products, he is liable to the supplier, the buyer or third parties for the resulting damages. The provisions of the Product Liability Act are reserved.

Duty to provide information

The parties shall draw each other's attention in good time to special technical requirements as well as to the legal, official and other regulations at the place of destination, insofar as they are important for the execution and use of the products. Furthermore, the parties inform themselves in good time about obstacles that call into question the contractual fulfilment or can lead to inappropriate solutions.

Taking back

In accordance with the Ordinance on the Return, Return and Disposal of Electrical and Electronic Equipment (VREG), the Supplier undertakes to take back electrical equipment and dispose of it in an environmentally friendly manner. The customer assumes the costs for transport and disposal.
Final provisions

The place of jurisdiction is the registered office of the supplier. However, the supplier may also appeal to the court at the customer's registered office.

The parties shall endeavour to settle any disputes arising from the execution of this contract amicably.

Purchase

Once the items have been shipped, they can use them with the assumption of the return shipping costs

Return within 10 days. Opened items will not be taken back and refunded.

In the case of returns, we will credit you with the amount again.

Goods that are ordered for you from the manufacturers are excluded from cancellation, exchange and return from the moment the order is placed.

Warranty

Warranty According to manufacturer

Dispatch

If the goods arrive defective, please inform us immediately by e-mail.

Shipping is uninsured and by B-Post. Would you like an insured shipping

please contact us and we will calculate the shipping costs.

Article description

The pictures and item descriptions may differ from the original, we make every effort to capture everything correctly

but we do not guarantee that there should be an error in the article description.

If you notice something, please inform us by e-mail and  we will check it.

Exemption from tax liability

This information is available from the VAT page: https://www.gate.estv.admin.ch

According to Article 10 paragraph 2 VAT Act , anyone who:

 

a)

In Germany, less than CHF 100,000 in turnover from taxable services is generated within one year ( section 2.1);

b)

operates a company domiciled abroad that provides services in Germany exclusively subject to purchase tax (Art. 45 - 49 VAT Act); (with exceptions;  point 2.2);

c)

as a non-profit, voluntary sports or cultural association or as a non-profit institution in Germany generates less than CHF 150,000 in turnover from taxable services ( point 2.1).

 

It is possible to waive the exemption from tax liability ( point 3).

 

Companies domiciled abroad and without a permanent establishment in Germany that do not provide services in Germany are not subject to mandatory taxation and cannot waive the exemption from tax liability (Art. 8 VAT).

 

Paragraph valid from 1 January 2015.

Status 1) of this paragraph from 01.01.2015 to

2.1 Exemption due to non-achievement of the relevant turnover limit

Company owners for which the annual turnover relevant for tax liability ( Section 2.1.1) is less than CHF 100,000 are exempt from tax liability.

 

In the case of non-profit-making, voluntary sports and cultural associations as well as non-profit institutions, an increased turnover limit of CHF 150,000 applies (for reasons of better readability, only the turnover limit of CHF 100,000 is mentioned below). Non-profit institutions are organizations that meet the requirements for exemption from direct taxes in accordance with Article 56 letter g DBG (Art. 3 let. j VAT Act;  VAT Sector Info Aid organizations, social and charitable institutions).

 

The turnover limit of CHF 100,000 is calculated on the basis of the agreed fees excluding VAT, whereby companies with exclusively cash or credit transactions can also be based on the fees received (e.B. sale of bread and cakes on the market).

Status 1) of this paragraph from 01.01.2016 to