Terms and Conditions
Please note: Only the German original of these General Terms and Conditions of Ratking.ch is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
1 Scope of application
The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shop ratking.ch (hereinafter individually referred to as “online shop”).
Ratking.ch reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognized.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18.
2.1 Product and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled to be as customer friendly as possible but is not binding.
All prices quoted are net, in Swiss Francs, include value added tax (VAT) and, where applicable, include an advance recycling contribution, packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. Only the minimum order surcharge – if applicable – is excluded. Ratking.ch reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurance etc., are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery times
Ratking.ch is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages may cause delivery delays for Ratking.ch as well as for merchants. Therefore, all information on availability and delivery times is subject to change.
2.3 Additional services: installation and disposal
Installation includes the unpacking and installing of the ordered product including the taking back of packaging.
Disposal includes the receipt and environmentally sound disposal of the item(s) specified by the customer upon placing his or her order. The item(s) must correspond approximately in type and quantity to the ordered product. The item(s) for disposal must be prepared for transport by the customer and must be ready on the arranged delivery date for the ordered products.
The costs for installation and disposal are listed separately in the shopping cart and on the invoice.
3 Contract conclusions
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from Ratking.ch shall be deemed concluded with Ratking.ch as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).
Customers are informed of their order placement by means of an automatically generated order confirmation by Ratking.ch, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Ratking.ch under condition of deliverability and correct price quotation.
4 Delivery date
Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by Ratking.ch is delayed, customers are entitled to withdraw from the contract (except for special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Ratking.ch will refund the customer any amount paid in advance. No further claims towards Ratking.ch apply.
5 Delivery/In-store collection
For products and services by Ratking.ch, all delivery and collection options described under “Delivery and collection” in the online shop are available to the customer.
The delivery address must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.
If the customer chooses the option “delivery to place of use”, it is the customer’s responsibility to ensure the place of use is accessible. The customer must verify that the product fits through any entrances, for instance staircases, doors etc. If the products cannot be transported to the place of use, the customer must bear any additional charges.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Ratking.ch may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
If the customer does not collect the ordered products from one of our stores (in-store collection) within 14 calendar days from the arranged date, Ratking.ch may withdraw from the contract (cancellation).
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform Ratking.ch of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. The customer is aware that this information needs to be given via the section “Returns and warranty” in his/her personal customer account. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in “Returns and warranty” in the personal customer account.
7.1 Basic provisions
This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. Ratking.ch shall provide warranty either by
- repairing the product free of charge (original warranty period continues to apply to the entire product);
- providing a partial or full replacement with an equivalent product (for replacement within the first year of warranty, the original warranty period continues to apply. For replacement within the second year of warranty, the warranty period is one year starting from the time of replacement);
- replacing the product through Ratking.ch (the warranty period of two years starting from the time of replacement applies)
- providing a refund at current price (no more than the sales price at the time of the original order); or
- giving a price reduction.
All further reaching and the legal provisions for warranty are excluded.
7.2 Additional provisions for used goods
Other provisions apply to products that are marked as “display product”, “refurbished”, “test device”, “repair” or “showroom product”. They may show minor visual flaws or be restored products. These visual flaws are not covered by the warranty and are stated accordingly in the article details. In all other respects, a warranty period of one year from delivery or in-store collection applies to these products.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Ratking.ch be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Ratking.ch, be this contractual or non-contractual.
Moreover, Ratking.ch will not accept any liability in the following cases:
- storage, setting or use of products that is improper, unlawful or contrary to contract;
- use of incompatible spare parts or accessories (e.g. power supply);
- failure to maintain and/or improper modification or repair of the products by our clients or a third party;
- force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Ratking.ch or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. on-site installation).
9.1 Payment methods
Ratking.ch claims all payments for products and services purchased on the Ratking.ch online shops directly from the customer. The customer acknowledges this cession and is obliged to make payments to Ratking.ch only.
Payment must be made in Swiss Francs.
Cash payment is possible for in-store collection only.
Payment methods available to customers for the online shop are listed under “Payment methods”.
The current fees can also be viewed under “Payment methods” and are given in detail in the ordering process.
When paying by credit card or other instant payment methods, the amount is debited at the time of order.
In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the Ratking.ch main warehouse is reserved until the expiration of the payment term, which is at least 19 calendar days.
For fee-based purchases on account, customers are obliged to settle the invoiced amount within 20 calendar days of receiving the delivery without any (discount) deduction. In the event of a partial return of the delivered products, the invoiced amount may be reduced accordingly.
9.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Ratking.ch for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Ratking.ch may request immediate payment and suspend any further product deliveries to the customer.
Ratking.ch levies an administrative charge of CHF 5.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
9.3 Reservation of ownership
All ordered products remain the property of Ratking.ch until payment is received in full. Ratking.ch is entitled to make an entry in the register for reservation of ownership. Without the express consent of Ratking.ch, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
10 Order change or cancellation
Order placement obliges the customer to accept the products and services. Ratking.ch may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Returning non-defective products
According to the conditions listed in the Return policy, Ratking.ch grant the right to return ordered products within a maximum of 14 calendar days, from their dispatch or collection.
Customers must register the return of a product in their personal customer account under the section “Returns and warranty” on www.ratking.ch and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
It is the customer’s responsibility and obligation to delete all personal data stored on the product before transferring ownership to Ratking.ch. Ratking.ch retain the right to carry out additional deletions/resets to the product and delete any personal data. A total loss of data must be expected. Ratking.ch assumes no liability for any third-party access, use, editing or ownership of any remaining data stored on the product.
Should customers exercise their right of return according to the above-mentioned return conditions, Ratking.ch shall refund the total purchase price except for any minimum order surcharge paid.
12 Repairs outside of the warranty
All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer. Ratking.ch reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.
13 Further provisions
13.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for six months by Ratking.ch before being disposed of.
13.2 Uncollected or undeliverable warranty goods
If a customer fails to collect goods connected to our warranty service (pursuant to point 7) from one of our stores within six months after receiving the collection note, or the goods cannot be returned to the customer, Ratking.ch is entitled to use and, in particular, to dispose of the respective item.
13.3 Data privacy protection
The privacy statement is an integral part of these GTC. By accepting these GTC, customers also agree to the privacy statement.
13.4 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.
13.5 Place of jurisdiction and applicable law
All legal relations between Ratking.ch and customers are subject to substantive Swiss law.
The following exclusive places of jurisdiction apply:
For any claims resulting from purchase contracts in which one party is Ratking.ch: the place of jurisdiction that applies is St Gallen. For claims by consumers, the place of jurisdiction that applies is St Gallen or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is St Gallen.
13.6 Copyright notice
All rights to these GTC, particularly copyrights, are reserved by Ratking.ch.
All reproduction, distribution or other use is prohibited except with written permission from Ratking.ch. In the event of breach of this requirement, Ratking.ch reserves the right to take legal action.
Date: 01.04.2020 / Version:1.0