General Terms and Conditions
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 ten working 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 (20 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 (42 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. As a rule, the goods are ready for dispatch within 2-10 working days after conclusion of the contract, provided the goods are in stock with us or a partner. Otherwise, a written confirmation with the expected delivery date will be sent out when the goods are ready for dispatch. The subsequent shipping time after the goods have been shipped varies, depending on the type of delivery (parcel, truck) and the customer's place of delivery. If Blue Level is unable to meet the confirmed delivery date, the customer has the right to withdraw from the contract from the 30th working day after the originally confirmed delivery date, unless the goods are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer. Claims for damages due to delayed and/or omitted 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:
The customer shall not suffer any disadvantages by failing to take these immediate measures. The legal claims and warranty rights remain unaffected. With these immediate measures the customer helps Blue Level GmbH to enforce the claims against transport insurance and forwarding agents.
8. Revocation policy und revocation form
Consumers have the following right of revocation:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you
or a third party you have designated, who is not the carrier, took or
has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us
Blue Level GmbH
Telefax: +41 (0)71 672 44 53
your decision to revoke this contract by means of a clear declaration
(e.g. letter sent by post, fax or e-mail t). You can use the model
withdrawal form below, but this is not mandatory.
In order to
comply with the revocation period, it is sufficient that you send the
notice of the exercise of the revocation right before the expiry of the
Consequences of the revocation
you revoke this Agreement, we will refund all payments we have received
from you, including delivery costs (except for the additional costs
resulting from your choosing a delivery method other than the cheapest
standard delivery offered by us), immediately and at the latest within
fourteen days from the day we receive notice of your cancellation of
this Agreement. We will use the same means of payment for this refund as
you used for the original transaction, unless expressly agreed
otherwise; in no event will you be charged any fees for this refund. We
may refuse to refund until we have received the goods back or until you
can prove that you have returned the goods, whichever is earlier.
must return the goods immediately and in any case within fourteen days
from the date on which you notify us of the revocation of this contract.
Return the goods to us or to
Blue Level GmbH
c/o Swisslogistik e. K.
The deadline is met if you dispatch the goods before the expiry of
the 14-day deadline. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in
value is due to handling of the goods which is not necessary for
checking the quality, properties and functioning of the goods.
The right of revocation does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and
for the manufacture of which individual choice or specification by the
consumer is decisive or which are clearly tailored to the personal needs
of the consumer.
- Contracts for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded.
- Contracts for the supply of sealed goods which are not suitable
for return for reasons of health protection or hygiene if their seal has
been removed after delivery.
- Contracts for the delivery of goods if, after delivery, they were inseparably mixed with other goods due to their nature.
- Contracts for the supply of sound or video recordings or computer
software in a sealed package if the seal has been removed after
- Contracts for the supply of newspapers, magazines or periodicals, with the exception of subscription contracts.
Model recall form
If you wish to revoke the contract, please fill out this form and send it back to us:
Blue Level GmbH
Fax: +41 (0)71 672 44 53
I/we (*) hereby revoke the contract of sale concluded by me/us (*)
of the following goods (*)/the provision of the following service (*):
Ordered on (*): _______________ Received on (*): ______________
Name of the consumer(s):
____________________________ Address of the consumer(s):
Date: Signature of the consumer(s)
* delete as applicable
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 decision on the manner in which the damages are to
be rectified lies exclusively with Blue Level GmbH. 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.
The customer grants Blue Level GmbH the right to name the customer in the reference list (Internet site or other advertising material) free of charge. It is a simple right to use the customer's company name and logo. The customer can, of course, revoke this right at any time towards Blue Level GmbH.
12. 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.
13. 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.
14. Place of jurisdiction and applicable law
Customers from Switzerland: These GTC and the contracts concluded on the basis of these GTC are subject to Swiss law to the exclusion of the UN Sales Convention. Place of jurisdiction is Kreuzlingen TG (Switzerland) or any other legal place of jurisdiction at the choice of Blue Level GmbH.
The following applies to all other customers: Swiss law applies to all transactions. Place of jurisdiction is Kreuzlingen TG (Switzerland). However, this shall only apply to you as a consumer to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
15. 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.
Blue Level GmbH - Säntisstrasse 17 - CH-8280 Kreuzlingen - Switzerland