Terms and Conditions
1. Terms and Conditions of Sale
Seller's acceptance of any purchase order is limited to the terms and conditions stated herein, unless specifically agreed to in writing and signed by Seller. These Terms and Conditions are valid even if they conflict with differently worded conditions of the Buyer. Any terms or conditions proposed by Buyer or in addition or contrary to these terms and conditions will have no force and effect, unless specifically agreed to in writing and signed by Seller.
2. Levitronix GmbH
Levitronix GmbH (hereafter referred to as "Seller") is a Limited Liability Company under Swiss Law. The Seller's registered office, seat of administration and premises are at Technoparkstrasse 1, 8005 Zürich, Switzerland (hereafter referred to as "the Company's' Address" or "Seller's Premises").
The Online Shop exclusively addresses non-consumer customers (including but not limited to businesses, industry, retailers, trade, universities and research institutes etc.). No retail orders can be made in the online shop.
The Online Shop exclusively addresses customers with legal domicile in Austria, Belgium, France, Germany, Ireland, Italy, the United Kingdom and the Netherlands and for final deliveries to locations in these countries.
For any orders outside the restrictions and conditions of the online shop please contact the distributors and sales representatives for your region.
4. Contract Formation
By placing an order in the Online Shop Buyer submits a binding offer. Formation of contract is subject to acceptance by Seller. Automated note to Buyer that order has been received is not acceptance and not to be seen as such. Seller will send express acceptance note to Buyer in due time. All clerical errors are subject to correction.
Seller requires advance payments through PayPal or designated credit cards via Saferpay during the online ordering process. All payments are due at the time the order is placed.
In the event that order has been accepted by Seller and payment fails due to any reason (e.g. chargeback) a 1.5% per month service charge shall apply to all late payments without further reminder. If payments are delayed Seller shall be entitled to hold back any deliveries or cancel any pending orders.
The goods shall remain Seller's property until the agreed price has been paid in full. All deliveries are subject to the reservation of proprietary rights according to the laws of the destination country.
6. Availability of goods
Seller will confirm acceptance if ordered goods are available. If ordered goods are not avail-able Seller will contact Buyer and offer to fully reimburse advance payments or to deliver non-available goods if and as soon as they become available at a later point of time.
7. Incoterm 2010 FCA seller's premises
Unless otherwise provided on the face hereof, the "Incoterm 2010 FCA Seller's premises" applies to all orders.
8. Contracts of carriage and transport insurance
By placing an Order Buyer requests that contract of carriage and contract of transport insurance (against loss and damage) is made by Seller at the Buyer's risk and expense. Seller is free to select a carrier (e.g. FedEx) and insurer (e.g. company recommended by carrier).
The fact that Seller contracts for carriage and insurance or the fact that the Seller in some events may offer to bear forwarding and insurance costs shall not be understood or construed as an extension of the Seller's basic costs and risks as they are defined in the Incoterm selected.
9. Delivery, Transfer of Risks
Seller must deliver the goods to the carrier at the Seller's premises on the date or within the period agreed for delivery. Delivery is completed and all risks of loss of or damage have passed to Buyer when the goods have been loaded on the means of transport provided by the carrier (or by another person acting on his behalf) or when the goods have been handed over to carrier or carrier's personnel or auxiliary persons, whatever comes first.
Consequently, it is not Seller's obligation to bring the goods to the delivery address specified by Buyer (hereafter referred to as "Final Delivery Address"). Any dates communicated by Seller for Final Delivery are approximate only and Seller shall have no liability for any delays.
10. Final Delivery Address
For all first-time orders the Final Delivery address must match the registered cardholder address of the Buyer. This is for security reasons and to help combat card fraud. Subsequent online orders can be delivered to an alternative final delivery address (place of work, subsidiary, lab, customer etc) subject to the successful delivery of the first order.
Prices on the Products are exclusive of all city, state, federal and foreign taxes, including without limitations, federal, state, provincial or municipal taxes on manufacture, sales receipts, gross income, occupation, use, value added and similar impositions. Such tax or taxes not included in Seller's prices will be added to the related invoices as a separate charge and payment of those charges will be, and will remain, the exclusive responsibility of Buyers.
Seller selects the manner in which goods are packaged. Seller provides packaging at his own expense. Seller reserves the right to charge packaging separately for certain goods and quantities.
Seller warrants its products will meet their specifications when used in accordance with their applicable instructions for a period of one year from shipment of the products. Seller makes no other warranty, expressed or implied. There is no warranty of merchantability or fitness for a particular purpose. The warranty provided herein and the data, specifications and descriptions of seller's products appearing in seller's user manuals may not be altered except by express written agreement signed by an officer of seller. Representations, oral or written, which are inconsistent with this warranty or such publications are not authorized and if given, should not be relied upon.
14. Limitation of Remedy
In the event of a breach of the foregoing warranty, seller's sole obligation shall be to repair or replace, at its option, the applicable product or part thereof, provided the customer notifies seller promptly of any such breach. If after exercising reasonable efforts, seller is unable to repair or replace the product or part, then seller shall refund to the customer all monies paid for such applicable product or part. Seller shall not be liable for consequential, incidental, special or any other indirect damages resulting from economic loss or property damage sustained by any customer from the use of its products.
To return any Products for repair, Buyer must first request a Return Merchandise Authorization (incl. RMA number) from Seller within the product's warranty period. The Seller undertakes to manage the backhaul of Products for repair on an "Incoterm 2010 FCA Buyer's Final Delivery Address" basis. All transportation charges must be prepaid by Buyer.
16. Force Majeure
Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter 'Events of Force Majeure'). Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller's control.
In case that any provision of these Terms and Conditions turns out to be invalid, illegal or unenforceable, the remaining provisions have to be regarded as severable and enforceable in accordance with their terms. As far as possible an invalid, illegal or unenforceable provision has to be re-placed by a provision which is as similar as possible and valid. In case that a party has doubts that a provision of this agreement is enforceable against him he has the duty to inform the other parties about it.
19. Applicable Law and Mandatory Jurisdiction
The Terms and Conditions and the Contract between the parties, as well as all matters arising from it, are and will be governed by, and construed in accordance with, the laws of Switzerland excluding the "UN-Convention on Contracts for the International Sale of Goods" (CISG; Vienna, April 11, 1980).
For all disputes arising between the parties, the place of jurisdiction for all parties' shall be Zurich, Switzerland, regardless of the parties' residence or domicile. This forum is mandatory.
20. Amendments of Terms and Conditions
Seller may make future changes or modifications to such terms and conditions at any time without notice, and your subsequent viewing or use of levibuy.com will constitute your agreement to the changes and modifications.
Register court: Canton Zurich