The deliveries, services and offers of the online stores of Medidor AG (CHE-191.398.369 VAT), Lenzbugerstrasse 2, 5702 Niederlenz, are based exclusively on these General Terms and Conditions, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted when the goods or services are ordered. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Medidor AG.
for specialist customers with special purchasing conditions, other conditions apply in some cases; these can be seen in the respective customer account.
The offers of Medidor AG in price lists and advertisements do not constitute a legally binding offer, but an invitation to the customer to place a binding order for Offers such as verified returns and sales are excluded from the binding nature of availability.
By clicking the order button on the online store, the customer places a binding order for the products listed on the order page. Medidor AG confirms receipt of the order immediately upon receipt. Orders are only binding for Medidor AG after written order confirmation. If it is determined after the order confirmation that the delivery of the goods is not possible or that there was a price error, the order will be canceled or, in the case of price errors, if the goods have already been delivered, the price difference will be charged to the customer. In the event of price errors, the customer is entitled to return the goods to Medidor AG if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against Medidor AG or a supplier.
The information in the sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.
If a customer exceeds his credit limit by placing an order, Medidor AG is released from its obligation to deliver.
The prices stated in the order confirmation are authoritative. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the current price on the order date shall apply. Prices are quoted in Swiss francs and, unless otherwise stated, are inclusive of VAT and, unless otherwise agreed, exclusive of transportation costs. The current prices are published in the online store, subject to price changes and errors.
Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
Deadlines and delivery periods are non-binding, unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by Medidor AG are subject to the correct and timely delivery to Medidor AG by suppliers and manufacturers.
Accessibility for the goods must be guaranteed by the customer during delivery and assembly.
Visible differences in quantity must be reported to Medidor AG and the carrier in writing immediately upon receipt of the goods, concealed differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
If the customer orders several products, these will be delivered to the customer in a single delivery as soon as all products are available. Partial deliveries are made at the customer's request and are subject to a charge. The costs are published in the online store.
If the customer refuses to accept the delivery items after expiry of a grace period set for him or declares that he does not wish to accept the goods, Medidor AG may refuse to fulfill the contract and demand compensation for non-performance. Medidor AG is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the customer as compensation.
The risk is transferred to the customer as soon as the shipment has been handed over to the company carrying out the transportation for If the shipment is delayed or becomes impossible through no fault of Medidor AG, the risk is transferred to the customer with the notification of readiness for shipment. An agreed assumption of the transport costs by Medidor AG in individual cases has no influence on the transfer of risk.
Medidor AG or the supplier/manufacturer assumes the guarantee for the freedom from defects and the functionality of the ordered product for 2 years after delivery or collection at a collection point operated by Medidor AG, unless expressly agreed otherwise in writing.
If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty/guarantee is void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or tampering or opening of devices.
Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/used or installed rechargeable batteries is excluded.
If a warranty or guarantee claim occurs, the customer is entitled to rectification, replacement or rescission. The choice of the type of defect rectification lies with Medidor AG. If Medidor AG decides for cancel the contract, a credit note will be issued at the current price (maximum the sales price at the time of the order).
The warranty period is not interrupted by any warranty or guarantee claim, but continues to run.
The replacement of parts, assemblies or entire appliances does not result in any new warranty periods.
Warranty and guarantee claims against Medidor AG are only available to the direct customer and are not transferable.
The statutory warranty is excluded in full.
Despite extensive final quality checks and high product quality, it is possible that an appliance may suffer a defect or malfunction. In any case, the customer is requested to check proper operation in accordance with the operating instructions and to consult the troubleshooting section.
If a fault cannot be rectified, a detailed damage report must be submitted to Medidor AG. The following information is essential for fast and correct processing: Model/device designation (to be found on the devices or in the operating instructions), article number and proof of purchase.
Technical problems and any resulting warranty claims must be reported to Medidor AG as soon as they become known. Medidor AG will then first attempt to rectify the fault by telephone in cooperation with the customer. If this is not successful, an efficient and customer-friendly solution will be sought.
Customers have the right to return the goods within 30 days of delivery. The right of return is exercised by returning the goods, which must be unopened and unused.
Products that Medidor AG has procured at the customer's request, any software and hygiene articles, foodstuffs and opened consumer goods are excluded from return in all cases.
Test and demo items will only be taken back in accordance with the conditions set out in the order confirmation.
The exercise of the right of return leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract must be refunded.
After receipt of the goods, any purchase price already paid will be credited to the customer's account. However, a deduction of the purchase price to be refunded or an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs of the goods remains reserved. Medidor AG may refuse to credit the amount until it has received the goods back or the customer has provided proof that he has returned the goods, whichever is the earlier.
for returns of defective goods, Medidor AG requires that the defective part or device is sent or delivered to Medidor AG for repair with a completed repair form and a copy of the invoice with which the device was delivered.
In all cases, the customer is responsible for packing the goods to be returned in a manner suitable for transportation. Damage/destruction of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transportation of the goods. The transfer of risk to Medidor AG only takes place when the goods arrive at Medidor AG.
When sending in the device to be repaired or returned, the customer must ensure that the data on it is deleted and backed up by copies, as the data may be lost during repair work. Medidor AG accepts no liability for the loss of data, access by third parties or similar.
Unless otherwise agreed, invoices are payable in cash or net within 10 days. The payment methods available for selection are published in the online store. Medidor AG reserves the right, if necessary, to carry out a credit check in accordance with data protection declaration by Medidor AG.
A payment is only deemed to have been made when Medidor AG can dispose of the amount.
If payment is not made within the above-mentioned period, the customer is in default of payment, whereby Medidor AG is entitled to charge interest of 5% from the relevant date. During the period of default, Medidor AG is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim damages for the loss of the contract. All claims become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if Medidor AG becomes aware of circumstances that are likely to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In these cases, Medidor AG is entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.
If the customer is in default of payment, Medidor AG will send the customer a reminder by e-mail, in writing or by telephone. Medidor AG reserves the right to charge a reminder fee of CHF 20 (excl. VAT) for the reminders issued. In the event of unsuccessful reminders, Medidor AG may assign the claim to a third-party company commissioned with the collection. The company commissioned with the collection will assert the outstanding amounts in its own name and for its own account and may charge additional processing fees.
Medidor AG charges a small quantity surcharge of CHF 9 for orders of up to CHF 50.
Medidor AG may act as a tied agent in accordance with Art. 43 para. 2 ISA in conjunction with Art. 183 para. 1 lit. a SO. Art. 183 para. 1 lit. a AVO insurance for goods offered on the online store of Medidor AG to customers ("insurance"). When concluding an insurance policy, the agreements in the policy provided and the General Insurance Conditions (AVB) of Helvetic Warranty GmbH apply.
If a service (assembly, floor delivery, etc.) is booked via the Medidor AG online store, which is carried out by a third-party provider, the service contract is concluded between the customer and the third-party provider. Medidor AG rejects any liability.
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded against Medidor AG as well as against auxiliary persons and substitutes, except in cases for intent or gross negligence.
If software is included in the scope of delivery, it is provided to the customer solely for one-time resale or for the customer's own use, i.e. the customer may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's license agreement apply exclusively. Companies, brands, trademarks, trade names, images and logos used on the Medidor AG online store are the property of their respective owners.
Medidor AG undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate data protection declaration. The data protection declaration is an integral part of these General Terms and Conditions. By accepting the General Terms and Conditions, the customer also agrees to the privacy policy .
Niederlenz is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Medidor AG reserves the right to change the general terms and conditions at any time.
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or the General Terms and Conditions as a whole. In place of the invalid provision, the relevant statutory provisions shall apply.
