General Terms and Conditions

1. Scope of Application

Xilobis AG, Othmarstrasse 8 in 8008 Zurich hereby assumes responsibility for the commercial relationship. The version of the General Terms and Conditions valid at the time of your order shall apply. (Zurich, January 1st, 2014)

2. Order

Orders may only be made in writing (WWW, e-mail, fax, or mail). In every case, these Terms and Conditions shall form an integral component of the purchasing agreement. As soon as you initiate an order, that order becomes binding for you and is due for payment. The prices valid on the day on which your order was received shall apply.

We reserve the right to review orders based on the credit standing of the purchaser and to demand advance payment for the entire amount of the invoice.

3. Pricing

For orders delivered domestically, all prices invoiced shall include the legally required VAT, currently 7,7%. The prices indicated shall apply, conditional upon any pricing changes.

4. Payment Conditions / Discounts

Payment shall be made in Swiss Francs (CHF). Orders up to a consolidated amount of CHF 1,999 may be paid in full within Switzerland following receipt of invoice, with a payment term of 20 days net after the receipt of goods. For orders above a consolidated amount of CHF 2,000, a 50% advance payment shall be required. The remaining payment must be made following receipt of invoice within 20 days net after the receipt of goods. Orders from abroad shall always require 100% advance payment and shall not be subject to discounts. An advance invoice will be created automatically when applicable upon order confirmation. After receipt of the requested payment, the order will be processed promptly.

5. Delivery and Delivery Terms

Items will be processed following receipt of order or following receipt of advance payment. In general, items ordered by customers are completed and delivered within 4 weeks. If the item is not in stock when an order is received, we will attempt to deliver it as quickly as possible. If our failure to observe a delivery or service deadline is caused by a force majeur, labor dispute, unforeseeable impediments, or other circumstances not under our control, the deadline shall be extended accordingly. In general, backlogged items will be delivered subsequently with free shipping, insofar as our account has been paid in full. Deliveries of goods to a location indicated by the purchaser shall be made at its cost and risk.

6. Domestic and International Delivery and Shipping Costs

Shipping costs from Xilobis are determined in accordance with the prices of the Swiss postal service (prices at Customers will be charged for shipping costs in addition to the value of their items. Current prices as published online will be valid for all direct deliveries and assembly by Xilobis.

7. Default and Reminder Charges

If payment for invoices is delayed, we will charge the following reminder fees: Payment reminder CHF 15, each further payment reminder CHF 25.

8. Right to Return

In general, it will only be possible to return goods following incorrect deliveries or manufacturer errors. Defects must be reported within 10 days, although, in general, only orders in the original packaging (including enclosed invoice) will be accepted as returns. Replacement deliveries shall be made free of shipping charges.

9. Refusal of Acceptance & Advance Payment

Upon placing an order, the customer obligates itself to accept the goods. In case of unjustified refusal of acceptance for goods delivered by us, we will charge a processing fee of CHF 50. Additionally, we will charge the customer for all shipping and packaging costs (initial and return shipping) plus 10% of the value of the item as a restocking charge. Our right to fulfillment of the purchasing agreement shall remain unaffected. Upon making an order payable in advance, the customer obligates itself to provide advance payment. If the payment has not yet been made following the expiration of the first payment reminder, the items ordered will be canceled. The reminder costs owed will, however, be due for payment.

10. Transport Damages

Insurance for transportation / shipping shall be borne by the purchaser. Transport damages must be reported promptly to the transportation company by the purchaser. The customer is hereby obligated to obtain a confirmation of damages by the parcel delivery company (e.g. post office). Damaged shipments (e.g. torn packaging, crushed or lost items, etc.) must be reported to the responsible post office within 24 hours, along with a confirmation of damages.

11. Liability

Xilobis cannot be held liable for delivery delays or the non-availability of items. The customer shall not be entitled to settle receivables of Xilobis with its own receivables. Claims for damages due to errors in illustrations, prices, and texts are hereby excluded.

12. Retention of Ownership

We retain ownership of the purchased item until we receive all payments resulting from the agreement. In case of delayed payments, following an unsuccessful reminder we are entitled to initiate debt collection proceedings or withdraw from the agreement and demand return of the purchased item in its original condition.

13. Improvements & Changes

Xilobis reserves the right to make changes to its products for the purpose of optimization without prior notification and without the right of veto by third-parties. We also reserve any errors in product descriptions and prices.

14. Copy Protection

The use of all images and texts in online publications, printed publications, advertisements, and catalogs, as well as the use of brand names and logos is expressly forbidden without written consent from Xilobis.

15. Advertisements

We have placed links to other pages on the internet on our webpage. The following applies to all links: We have no influence on the design or content of the linked pages. Therefore, we hereby expressly distance ourselves from all content on all linked pages on our website, and claim no ownership over said content. This declaration is also valid for all links displayed on our website and for all page content to which banners and links on our pages lead.

16. Data Retention

We treat personal data in a confidential manner. We will only transfer your data to third parties for the purpose of a confidential review of your credit standing. We will never transfer your data to third parties for advertising purposes.

17. Applicable Law and Place of Jurisdiction

Agreements concluded with Xilobis are subject to the law of Switzerland. The place of fulfillment and legal jurisdiction for all disputes is Zurich. The applicability of the UN Sales Convention is hereby excluded.

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