Generaö Terms and Conditions

1. general

cadolino® is a promotional product consulting company active in the field of conception, promotion and trade of promotional products. The following general terms and conditions are an integral part of every contract. They apply to all orders and deliveries as well as to the provision of related services.
The contractual partner expressly agrees to the individual provisions when placing an order. Deviations and/or general terms and conditions of the customer shall only be valid if they have been recognized by cadolino® in writing.

2 Offers and conclusion of contracts

Offers made by us in writing and/or by e-mail are always subject to change (subject to prior sale) and are valid for a maximum of 30 days, subject to significant fluctuations in currency exchange rates, material and transportation costs.
Offers made online and information provided by cadolino® by telephone are non-binding. All documents and samples submitted with the offer shall remain the property of cadolino®.
The contract between the customer and cadolino® shall come into effect upon receipt of the order confirmation returned by the customer in writing or by e-mail or upon the customer’s simple consent by e-mail. These General Terms and Conditions are thereby accepted by the customer. Additions, amendments and/or ancillary agreements to the contract or the General Terms and Conditions shall only be binding if cadolino® confirms them in writing.

3. prices and terms of payment

The prices stated on our homepage or in the catalog are to be understood as guide prices without finishing (unless otherwise stated), without transport costs ex Schlieren and without any other ancillary costs and exclusive of VAT.
Transportation and ancillary costs are to be borne by the customer. Additional costs caused by the customer will be charged to the customer additionally.
The customer is obliged to pay the invoice amount net within twenty days of the invoice date. In the event of default on the part of the customer, cadolino® reserves the right to claim further damages in addition to default interest (min. 5%) and reminder fees (CHF 20.-). cadolino® shall be entitled to execute outstanding deliveries only against advance payment. For orders exceeding CHF 5,000, cadolino® may charge an advance payment of 50% of the order value when the order is placed. This amount is due immediately. The remaining amount is then due for payment net within twenty days of delivery.

4. excess or short deliveries

Excess or short deliveries of up to 10% of the ordered quantity are customary in the industry and cannot be objected to. We will invoice you for the quantity actually delivered.

5. Minimum order quantities and minimum order value

Depending on the item, minimum order quantities and/or packaging units must be observed. The minimum order value per order is CHF 1,000.

6 Ownership

Ownership of the products remains with comTeam AG – cadolino® until all claims have been paid in full. Pledging, transfer of ownership by way of security and/or any other form of seizure by the customer is not permitted until all claims have been paid in full.

7. delivery

Delivery is made from our domicile EKW 8952 Schlieren. Delivery periods shall be agreed in writing between cadolino® and the customer for each order. cadolino® is entitled to make partial deliveries. In the event of delay, the contractual partner shall grant cadolino® a grace period. If cadolino® is also unable to deliver within this grace period, the customer may withdraw from the contract. Further claims of the contractual partner are expressly excluded.
Excluded from this right of withdrawal are delays in delivery due to unforeseeable, exceptional circumstances or circumstances for which cadolino® is not responsible. The performance of cadolino® shall be deemed to have been fulfilled for partial services already rendered.
If the delivery date cannot be met due to conduct on the part of the customer, the customer shall reimburse cadolino® for all damages incurred as a result of the non-delivery.

8. Quality and quality control

Depending on the base material and/or finishing process, deviations in color and status cannot be ruled out.
Unless otherwise agreed, our quality control is carried out according to the criteria of the AQL inspection. This is part of the internationally recognized MIL-STD 105E test standard. Among other things, this standard defines the maximum permissible defects per 100 parts as a percentage, divided into three categories:

1. Critical defects: critical defects that make it impossible for the customer to use the item as intended: Tolerance 0%
2. Major defects:major defects that impair the intended use of the item for the customer: Tolerance 2.5%
3. Minor defects:minor defects that do not or do not significantly impair the intended use of the item for the customer: Tolerance 4%

During production, we make every effort to ensure that the quality of the entire delivery meets the customer’s expectations. If necessary, major and minor defects are defined when the contract is concluded and quality control is carried out in accordance with these specifications.
Special dimensions are specified for the textiles we offer. These can vary for different types of textiles. It therefore makes absolute sense to provide samples and these dimensions are usually binding. For custom-made products, we can also use our own measurements at the customer’s request.

9. Transfer of risk

Benefit and risk are transferred to the customer as soon as the products have been handed over for transportation. If the transportation costs are borne by cadolino® in individual cases, this has no influence on the transfer of risk.
When preparing an offer, we will provide a neutral, usually unprinted, sample at the customer’s request. In the case of special production, we will even provide a material sample. We strongly advise every customer to request a sample. cadolino® rejects any return of goods deliveries or refunds due to non-conformity or similar, which could have been avoided by a prior inspection of samples.

10 Warranty/complaints about defects

The customer must inspect the services provided by cadolino® within 5 days of delivery and notify cadolino® immediately in writing or by e-mail if he wishes to derive rights from defective performance of the contract. If the customer fails to notify cadolino® within this period, the products shall be deemed free of defects and the delivery shall be deemed approved. Hidden defects must be reported immediately after discovery. Warranty claims due to defects in the products expire one year after delivery to the customer, even if the customer only discovers the defects later.
Defective goods shall be replaced by cadolino® at its own discretion (replacement delivery) or, if possible, repaired (rectification of defects). The customer has no right of withdrawal. Instead of replacement or repair, cadolino® may, at its own discretion, grant a price reduction corresponding to the reduction in value.
cadolino® shall not assume any liability towards the customer for damages to third parties caused by the defectiveness of the object of purchase (product liability). The customer undertakes to fully indemnify cadolino® against any claims asserted by third parties. The burden of proof for the defectiveness of the object of purchase lies with the customer.

11. VEG and vRG fees

The prepaid disposal fee (VEG) is a statutory fee and is charged when a battery is sold. The term batteries covers all types of batteries, accumulators and hybrid systems. The fee is used to ensure and finance everything related to the environmentally friendly recycling of used batteries. The use of the fee is under the supervision of the federal government.

cadolino® is registered with Inobat AG and pays the VEG fee there on a 1:1 basis. We are therefore obliged to pass on the necessary contributions to you

For all items with batteries or rechargeable batteries (incl. power banks) purchased from cadolino®, everything is taken care of for you when you pay the VEG.

Fee rates: http://www.inobat.ch/media/docs/Infomat_Rechtliches/d_Gebuehrentarif-alle-Batterien_01-01-2016.pdf

The ARF fee is a levy that is charged on batteries, fitness equipment, electrically powered vehicles, toys and lamps and is not already covered by the ARF fees.

Official vRG tariff and appliance list for SENS appliances: https://issuu.com/cadolino/docs/vrg_tarif_und_gera__teliste_2017?e=26353132/50096282

12. liability

Any contractual and non-contractual liability of cadolino® towards the customer for direct and indirect damages, including but not limited to any loss of profit, is excluded to the extent permitted by law.
The liability of cadolino® for auxiliary persons pursuant to Art. 101 para. 2 CO is completely excluded.

13 Intellectual property

The customer expressly acknowledges that the intellectual property (copyright, design, etc.) to all work results/products created by cadolino® within the scope of the order (including drafts, proposals, sketches, etc.) shall remain with cadolino®. This also applies in particular to all variants not selected by the customer. These shall remain the property of cadolino®. They may only be used with the written consent of cadolino®.
cadolino® retains all copyrights and other rights to the website and the content, information, images, videos and databases published via the website. Any modification, reproduction, publication, disclosure to third parties and/or other use of the protected property – even in part – without the prior written consent of cadolino® is expressly prohibited.

14 Confidentiality and data protection

The customer undertakes to maintain confidentiality regarding the agreed contractual conditions (in particular prices). cadolino® may use the activity for a customer for advertising purposes in its own publications (print and online) or in third-party publications free of charge.

15. severability clause

Should individual provisions of these General Terms and Conditions or other agreements between the customer and cadolino® prove to be invalid or ineffective, this shall not invalidate the entire contractual relationship, but the provisions in question shall be replaced by legally valid provisions in accordance with their meaning.

16 Applicable law, place of performance and place of jurisdiction

The place of performance is the registered office of cadolino® in Schlieren/ZH. The contract between the customer and cadolino® shall be governed by Swiss substantive law to the exclusion of the conflict of laws provisions. For deliveries of goods abroad, the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.
The exclusive place of jurisdiction for all disputes arising from this contract and these General Terms and Conditions is Schlieren/ZH.

Status of these general terms and conditions: September 01, 2021

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