General Terms and Conditions
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1. General information
Unless otherwise agreed in writing, the following provisions shall apply to all purchases of our goods as well as to all services offered by Blue Level GmbH. These terms and conditions are deemed to be accepted upon receipt of our order confirmation/invoice or upon acceptance of our goods or services.
2. Conclusion of the contract
The presentation of our products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order from our online catalogue. After entering information required to process the contract, and selecting the payment and delivery methods, the customer submits a binding offer by clicking on the link marked "confirm order".
Blue Level GmbH is not required to explicitly declare its acceptance of the offer. It may declare its acceptance by supplying and/or delivering the goods, by sending an acceptance email or by informing the customer that the goods have been dispatched within seven days after receipt of the customer’s offer. Directly after submitting the offer, the customer will receive an automatically generated email confirming receipt of the offer on the Blue Level GmbH server. This email explicitly does not constitute the acceptance of the contractual offer.
3. Range of products
All product information is non-binding. Blue Level GmbH reserves the right to make changes to the design and technical details of the goods which improve their function. Errors in descriptions, images of products or pricing are expected.
The stated prices (incl. 7.7 % VAT) include the statutory Swiss VAT of 7.7 percent. The stated prices (incl. 19 % VAT) include the statutory German VAT of 19 percent. All prices are given per unit in Swiss francs or euros. Blue Level GmbH is subject to statutory Swiss and German VAT.
5. Terms of payment
Payment can be made in the form of an advance payment, “Postcard” payment card or credit card. After consultation, we can also deliver against invoice. For each warning issued as a result of late payment, we shall charge 25 Swiss francs (15 euros) for damages caused by the delay as well as interest of 5 %. In the event that an order is not picked up, we will charge a contribution fee of 5 % of the value of the goods, amounting at least to 50 Swiss francs (45 euros), plus postage or freight expenses. Orders may only be cancelled in consultation with Blue Level GmbH.
6. Delivery conditions
Delivery of goods does not include installation or mounting. Most products will be delivered to EU countries and Switzerland free of charge (express deliveries will incur a delivery charge). Delivery charges will be incurred, however, if delivery carriers cannot drive directly to the place of delivery, for example if access is only possible by cable car. Some products (mostly replacement parts) will incur an additional delivery charge. For deliveries by a forwarding agent (usually goods over 30 kg), the customer agrees to provide a delivery address that is continuously manned by either the customer him or herself or by a representative, to ensure that someone is present to accept the goods in person. The customer will be charged for any additional delivery attempts made by the forwarding agent due to there being no one on site to accept the goods in person. Goods will be delivered by Blue Level GmbH, the transport company or other third parties. Generally, we insure all deliveries against damage and loss during transport. Ordered goods will usually be delivered within 2–14 working days of placing the order, provided that the goods are in stock at Blue Level GmbH or a partner site. If this is not the case, the customer will receive written confirmation/an invoice stating the estimated delivery date. Damages for claims due to late and/or non-delivery are strictly excluded.
7. Carrier damage
Our products are carefully and properly packaged. The delivered goods must be immediately (!) inspected upon receipt for noticeable carrier damage. If damage is found, please take the following action immediately:
Claims can only be accepted if the aforementioned immediate action was taken. Only then can the damage be processed by us and/or the insurance company of the carrier and a replacement be delivered.
8. Right of return and withdrawal
As a matter of principle, the consumer (any natural person acting outside the scope of a commercial or independent professional activity) has the right to return all or individual items free of charge within 14 days after receiving the goods. The consumer is not obliged to state a reason for withdrawing from the contract. Blue Level GmbH will either deliver the new goods as desired or reimburse the purchase price.
The right of return and withdrawal does not apply to:
- goods that have been made to order or modified at the customer’s request
- orders placed by companies, merchants or public bodies (commercial end users)
Sending written notice of withdrawal or the goods before the deadline expires is deemed sufficient for meeting the deadline. This written notice may be sent by email or letter. The deadline shall begin when the recipient receives the goods. In order to prevent damage please use the original shipping boxes. The burden of proof for sending the goods to be returned is borne by the customer.
Address for written notices of withdrawal:
Blue Level GmbH
The return delivery address for goods is:
Clients from Switzerland
Clients from the EU
Blue Level GmbH
Blue Level GmbH
c/o Swisslogistik e. K.
Consequences of withdrawal
In the event of an effective withdrawal, the customer must return the received goods. If the goods cannot be returned in full or only in part, or only in a deteriorated condition, the customer must reimburse Blue Level GmbH for the corresponding difference in value. This shall not apply if the good’s deterioration is due exclusively to inspecting the goods upon delivery – as would have been the case in a shop, for example. The customer can avoid this reimbursement obligation by not using the goods as if he/she were the owner and by avoiding any action which could reduce their value. If the client has already paid the purchase price, Blue Level GmbH is entitled to subtract the difference in value from its refund to the customer. In singular instances the subtracted value might correspond to the purchase price.
Shippable goods are to be returned to us at our risk. Non-shippable goods will be collected from the customer’s address. The customer is only obliged to cover the costs for the return delivery if the delivered goods correspond to the goods ordered and the price of the returned goods does not exceed 40.00 euros (only for Germany), or if the price of the goods is higher and the customer has not paid for the goods or made a partial payment at the time of the withdrawal. In all other cases, returns are free of charge. The customer must comply with all obligations on the reimbursement of payment within 30 days after submitting a written notice of withdrawal.
For orders outside of Germany, all return deliveries and handling expenses will be borne by the customer.
We ask you not to send us any packages to us without our prior agreement. In case of a valid withdrawal, Blue Level GmbH will bear the costs of the return delivery in the standard amount. Please contact us in regard to this. We will gladly send you a "Freeway-ticket".
9. Retention of title
If we deliver against invoice, the delivered products shall remain under the ownership of Blue Level GmbH until full payment has actually been made. We are entitled to make an entry in the Swiss Registry of Retention of Title. If the customer falls into arrears on the purchase price, Blue Level GmbH is entitled to withdraw from the contract by issuing a notice of withdrawal and to take the products back into its possession.
10. Guarantee, warranty for defects and liability
The guarantee period depends on the information found in the Blue Level GmbH online shop; the time period begins from the purchase date. Furthermore, the guarantee provisions of the product manufacturers apply. The invoice is valid as the proof of guarantee. The guarantee shall expire in particular if improper changes or repairs have been made to the products. To the extent permitted by statutory provisions, Blue Level GmbH’s liability for damages is excluded: In particular, Blue Level GmbH shall not be liable for damages due to improper use or natural wear and tear, or for damages that have not arisen on the product itself (consequential damages).
In the event of damage, the customer has right to have the defective machine repaired during the guarantee period. The delivery is to be inspected for damage and missing items immediately upon receipt. Obvious damages must be disclosed to us immediately, at the very latest within 8 days. Repairs that have to be made at our expense require our prior written approval. The customer must inform Blue Level GmbH in writing (e.g. by email). Both will then decide together whether the defective device may be repaired by the customer at his/her premises (by receiving spare parts) or if it must be sent to us for repair. The right of cancellation or price reduction is excluded. We guarantee to repair our goods quickly and professionally.
11. Intellectual property
Blue Level GmbH reserves all rights for the design, texts and graphics of our websites (homepage), especially proprietary rights and copyright. Disclosure to third parties requires the prior written approval of Blue Level GmbH, Kreuzlingen.
12. Data protection
Blue Level GmbH ensures that customer data acquired in the course of the ordering process will only be used in connection with processing the order and will only be processed, stored and used for internal purposes. We guarantee that all personal data will be handled according to the data privacy act and the appropriate legal norm. By entering your personal data you consent to your data being collected, processed and used for the purpose of customer care. It will not be passed on to third parties. Further information is also available here.
13. Place of jurisdiction and applicable law
These terms and conditions and all contracts made on the basis thereof are subject to Swiss law. Swiss law shall apply exclusively, even if orders are made from abroad or if goods are delivered abroad. The only place of jurisdiction is Kreuzlingen or another place of jurisdiction chosen by Blue Level GmbH.
14. Final provisions
Should any provisions of these general terms and conditions be ineffective in whole or in part or later lose their legal effect, this shall not affect the validity of the remaining provisions. The currently valid version of our general terms and conditions is available online. All previous versions lose their validity when a new version is published. The valid version for each contract shall be the one valid at the time the contract was terminated. Foreign language translations of these general terms and conditions only serve to improve understanding among our customers. The German version shall prevail.
This version dated 18.01.2017 replaces the one from 31.10.2010.
Blue Level GmbH - Säntisstrasse 17 - CH-8280 Kreuzlingen - Switzerland