Contact / Terms of Service
RODAK KUNST DESIGN FOTOGRAFIE
Canton of Zurich, Switzerland
Telephone: zerozero4one 7six 4six 2seven 2seven 3 (per WhatsApp reachable)
Business Identification / Commercial Register Number: CHE-278.030.034
General Terms and Conditions (GTC)
RODAK KUNST DESIGN FOTOGRAFIE hereinafter referred to as "Supplier".
Conclusion of contract and scope of application
The General Terms and Conditions of Business (hereinafter referred to as "GTC") are based on Swiss law and apply within Switzerland, provided that the parties expressly or implicitly accept them. Amendments and ancillary agreements are only effective if they are confirmed in writing by the Supplier. If a contract is concluded and the customer also submits GTC, the points in agreement shall apply. With regard to the deviating components, a written agreement is made. These GTCs are valid for an indefinite period of time, as long as they have not been changed by the parties in a written agreement. In all other respects, the provisions of the Swiss Code of Obligations regarding the purchase contract (Art. 184 ff. OR), as well as other Swiss laws and regulations, shall apply. Should a provision of this contract be or become invalid or should the contract contain a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed upon from the outset, which comes as close as possible to the economic purpose intended by the parties. The same shall apply in the event of a loophole.
The sales offers contained on this website represent a non-binding invitation to the customer to order and purchase the relevant goods from the supplier. By sending the completed order form on the Internet, the customer makes a binding offer to conclude a sales contract. English language is currently available for the ordering procedure.
The contract is only concluded when the supplier sends the ordered product to the customer and confirms the dispatch to the customer with a dispatch confirmation email. The conclusion of the contract is subject to the reservation of timely and complete self-delivery. The customer will be informed immediately about the non-availability of the corresponding service.
All orders are accepted or executed exclusively on the basis of the following conditions. These conditions shall also apply to future orders without repeated notification. By placing an order, the customer expressly accepts these conditions. Counter-confirmations of the customer and the validity of his own terms and conditions are hereby contradicted. All agreements with the supplier and orders placed by telephone require written confirmation.
Offers of the supplier
The supplier sells living plants, fabric bags of various manufacturers printed with self-designed word and picture motifs, plant & home decoration articles (e.g. planters, pots, paper prints, photographs, pieces of art) to dealers ("B2B") and end customers ("B2C"), hereinafter referred to as "customer" or "buyer". Offers made in writing, by telephone, in a personal conversation, or by e-mail are considered binding. If the customer requests deliveries, products or services not included therein, these will be invoiced additionally. The prices are valid for 30 days, unless otherwise agreed in writing. All documents and samples submitted with the offer remain the property of the supplier. No third parties may be allowed to inspect the offer documents without the consent of the supplier. An offer is accepted by the customer declaring this in writing or by e-mail. The Supplier shall confirm acceptance in writing also in writing or by e-mail.
The Supplier undertakes to deliver the agreed Products to the Customer on the agreed dates, while the Customer undertakes to accept and pay for these Products at the agreed time. The dates shall be postponed appropriately in the event of obstacles beyond the control of the Supplier, such as natural phenomena, mobilisation, war, riots, epidemics, accidents and illness, significant operational disruptions, industrial disputes, delayed or defective deliveries and official measures. In the event of other delays, the customer may waive further deliveries: He must inform the supplier of this immediately. Demand partial deliveries, if possible: This must be agreed upon immediately. Set the supplier a reasonable deadline for subsequent performance: If the supplier does not fulfil by the end of this period of grace, the customer may, provided he declares so immediately, waive the subsequent performance or withdraw from the contract. The supplier must inform the customer as soon as possible about delays.
Indicated delivery dates are generally not binding. There is no legal claim to compensation for damages by exceeding a delivery date. If a delivery date promised in writing is exceeded, the buyer must make a written request for delivery to put the supplier in default. The delivery times are for i) finished printed goods and goods in stock up to 7 working days, ii) goods not in stock with printing approx. up to 2 weeks. At certain peak times (e.g. before Christmas), considerably longer delivery times may occur. Promised fixed delivery dates are only valid after explicit written confirmation. The customer is only entitled to withdraw from the contract due to non-compliance with the delivery deadline if he has set a grace period of at least 6 weeks.
Living plants are generally dispatched on the next day following the day of order, as long as this day does not fall to Thursday, Friday, Saturday or Sunday or to a day of Swiss or Zurich cantonal holiday.
Fulfilment of contract
The supplier delivers the products in the ordered version / displayed description and quality. Unless a special place of performance has been agreed by the parties or is apparent from the nature of the transaction, delivery shall be deemed to be the provision of the Products at the Supplier's registered postal office. Unless expressly agreed otherwise, benefit and risk shall pass from the sender (supplier) to the customer upon dispatch of the goods. Unless a special acceptance procedure has been agreed upon, the Customer shall inspect the products itself and notify any defects in writing. If the customer fails to notify us within 7 days after delivery, the products shall be deemed free of defects in all functions.
Attention for transport damage
Externally recognizable damage to the consignments must be immediately certified in a suitable manner by the person delivering the consignment. The transport companies are obliged to do so. In case of externally not recognizable damages, defects or weight reduction of the contents, which become apparent, the further unpacking has to be stopped immediately. The transport company must be held liable immediately in writing and requested to determine the damage.
In all cases, the goods and packaging must be left in the condition in which they were at the time of discovery of the damage until the facts are recorded by the representative of the transport company.
Prices and terms of payment
The prices are specified in the price list. All prices are - if not explicitly stated otherwise - without any value added tax in Swiss Francs per piece. We reserve the right to make price adjustments in the event of significant changes in raw material prices and exchange rates. All prices printed in catalogues and mailings are not binding until a corresponding order confirmation has been issued. No liability is assumed for incorrect price information (printing errors etc.). In the case of shipment abroad, customs duties, import tax and other fees may be incurred upon import into the respective country, which shall be borne in full by the purchaser. The supplier has no influence on these fees and cannot predict the amount. It is recommended that the buyer resident abroad contacts his local customs office to obtain binding information so that the respective country regulations are observed.
The buyer is responsible for the cost of packaging and transport as well as the cost of inspecting the goods upon receipt. The buyer is obliged (unless otherwise agreed) to pay for the ordered goods (including packaging and transport costs) immediately after ordering them. Only then can the goods be delivered.
For "B2B" customers, payment terms are defined on a customer-specific basis. If terms of payment are not adhered to, the supplier is entitled to make claims against the customer immediately or to demand securities for all outstanding claims and/or to execute outstanding deliveries only against advance payment. If securities or payments have not yet been provided even after a reasonable grace period has expired, the supplier may withdraw from the contract even if the goods or part thereof have already been delivered. If the customer does not meet the terms of payment, the supplier is entitled to claim damages. The customer may offset against counterclaims against the supplier if these are due or a legally binding court decision has been made. If the customer does not meet the payment deadlines, he shall, without reminder, pay interest on arrears from the due date onwards at a rate four percent above the current discount rate of the Swiss National Bank.
Retention of title
The goods remain the property of the supplier until full payment has been made.
The supplier undertakes to exercise due care and to deliver the products in a good and described quality. He further undertakes to ensure that the employees employed work professionally. The supplier does not give any guarantee on the ordered goods. Goods ordered by the supplier can generally not be returned. Unless there are considerable defects in the product. In case of justified discrepancies, a compensation can be negotiated with the price. Any liability for claims for damages, in particular under the provisions of the Product Liability Act for personal injury, property damage and financial loss caused by a defect in the product is completely excluded. For those components of the delivery which the supplier has obtained from sub-suppliers, the supplier shall in any case be liable exclusively to the extent that the supplier itself asserts warranty or compensation claims against its sub-suppliers. The Supplier warrants with regard to the suitability of the object of purchase exclusively to the extent that it is usable in accordance with the provisions and regulations of the manufacturer. In any case, the purchaser must ensure that the object of purchase is used in accordance with its intended purpose and exclusively in accordance with the instructions for use. In the event of a breach of this obligation, the buyer shall not be entitled to any claims.
Products may have dimensional and colour deviations from the specified dimensional table and the corresponding print/pocket colour.
When fulfilling the contract, the Supplier expressly reserves the right to deviate from the descriptions and specifications in its brochures, catalogues and other written and electronic documents with regard to material quality, colour, weight, dimensions, design or similar characteristics, provided that these are reasonable for the Customer. Reasonable reasons for changes may result from customary fluctuations and technical production processes.
The copyright and all other rights to the content, images, videos, photos, designs / patterns designed by the Supplier himself which are printed on the bags or other files on the website belong exclusively to the Supplier or the specifically named holders of rights. For the reproduction of any elements, the written consent of the copyright holders must always be obtained in advance; any kind of reproduction is prohibited without the written consent of the Supplier.
Please note that all images and texts published on this website are copyrighted by the Supplier. Under no circumstances shall these digital files, images, videos and texts be used, copied, displayed or pulled from this site without my prior agreement. The supplier expressly reserves the right to take legal action in the event of infringement of its copyrights.
The download of all data from the website is at your own risk. The supplier is not liable for damages resulting from the installation or use of data from the entire website, as far as this is legally permissible. Despite current virus checks, liability for damages and impairments caused by computer viruses is excluded within the scope of the legal regulations.
Duty to inform
The parties shall draw each other's attention to special technical requirements as well as to the statutory, official and other regulations at the place of destination in good time, insofar as they are of significance for the execution and use of the products. Furthermore, the parties shall inform each other in good time of any obstacles which could jeopardize the contractual performance or lead to inappropriate solutions.
Applicable law and place of jurisdiction
Place of jurisdiction is the registered office of the supplier. Each contractual relationship is exclusively subject to Swiss law. Any invalidity of one or more provisions shall not affect the validity of the remaining provisions. The parties shall endeavour to settle any disputes arising from the execution of this contract amicably.
All texts and links have been carefully checked and are continuously updated. The supplier makes every effort to provide correct and complete information on this website, but does not assume any responsibility, guarantees or liability that the information provided by this website is correct, complete or up-to-date.
The Supplier reserves the right to change the information on this website at any time and without prior notice and does not undertake to update the information contained therein. All links to external providers were checked for accuracy at the time of inclusion, but we are not liable for the content and availability of websites that can be reached via hyperlinks. For illegal, incorrect or incomplete contents and especially for damages caused by the contents of linked pages, only the provider of the page to which the link refers is liable. It does not matter whether the damage is of a direct, indirect or financial nature or whether there is any other damage that could result from loss of data, loss of use or other reasons of any kind.
Liability claims against the supplier for material or immaterial damages resulting from access to or use or non-use of the published information, misuse of the connection or technical faults are excluded.
References and links to third party websites are outside our area of responsibility. We reject any responsibility for such websites. Access and use of such websites is at the user's own risk.
Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the supplier without separate announcement. All offers are non-binding.