for Ammonitum GmbH “ammonitum”
The following General Terms and Conditions regulate the business relationship between ammonitum and its customers. The General Terms and Conditions which are valid at the time of conclusion of contract apply.
II. Conclusion of Contract, Prices and Delivery Date
By sending an order via e-mail or through another communication method to ammonitum, a customer submits a tender. The contract is concluded when ammonitum sends a binding confirmation of the order (acceptance) to the customer per e-mail. The confirmation of the order includes the products selected by the customer, the mention of the sale price with the designated VAT, the expected delivery date, transport costs, delivery conditions and payment conditions.
The prices which are given in the currency in question include the statutory VAT in question (in case the sale is subject to VAT). Delivery costs are not included in the price. An offer for these will be separately made and communicated to the customer.
The customer will be immediately informed as soon as it is known when the product ordered is ready for delivery to the customer. This is especially true for bathroom fixtures made of finished wood (e.g. wash basins, bathtubs, cupboards, etc.), where individual products still to be manufactured are in question. A delivery time will be given according to our best knowledge, however without guarantee. This is especially true in the case of delivery delays, especially due to delivery problems on the part of a subcontractor.
III. Changes, Errors, Defects and Availability
Specifications, especially in the case of repeat orders, are subject to reasonable insignificant deviations in as far as these are part of the nature of the materials used (solid wood, plywood or veneers) and are usual. We would like to point out that the wooden products (bathroom fixtures made of wood) are individually made and that, because of this, deviations in the colour of the materials can occur, especially with repeat orders.
If an object cannot be ordered in the required model variation, colour or similar for specific reasons, ammonitum will contact the customer and offer an alternative model after talking to the customer, if he/she agrees.
If goods and services due are delayed by force majeure or a legal strike, or the incapacity of a subcontractor through no fault of its own, the delivery time agreed upon is prolonged according to the duration of the delay.
Manifest defects must be contested in writing to ammonitum (an e-mail to firstname.lastname@example.org is sufficient) when the service or goods are received or, at the latest, within two weeks following delivery of the goods. After this period has elapsed, guarantee claims due to manifest defects can no longer be enforced.
In the case of rightful defect contestation, ammonitum has the choice of either correcting the defected delivery item or taking back the objectionable item and delivering a replacement. As long as ammonitum fulfils its obligations with regard to removing the defect, the customer is not entitled to demand a reduction in payment or cancellation of the contract, provided there is no failure in the correction.
If a correction or replacement is not possible, or fails, or is rejected, the customer can demand either an appropriate price reduction or cancellation of the contract according to his/her wishes.
If customers have specified special types of wood, construction or design according to their requirements, we are not liable for delay, cracking of or detachment of the finish.
We provide a guarantee of 20 years, based on our experience, in relation to cracking and leaking from the date of delivery on all bathroom fixtures (finished wooden objects) which have been manufactured according to ammonitum’s own specifications.
We would like to point out expressly that we do not provide any guarantee or carry any liability for damages to the wood or finish that have developed through improper treatment or care. Bathroom fixtures that are subject to a natural change process and some damages that cannot be attributed to faulty workmanship and/or quality of materials use, for example, extreme weather conditions or discoloration of wood due to individual lighting conditions, are also barred from this liability/guarantee.
V. Damage in Transit
The customer undertakes to confirm obvious transport damages on receipt from the freight forwarder. The note where the damage has been recorded must be submitted to us immediately. Unconfirmed obvious damages cannot be recognised later and are also not insured. If a hidden transit damage or fault is in question, the freight forwarder has to be notified in writing immediately and claim for damages have to be registered with the freight forwarder. Provide us with evidence of this registration immediately please. There are deadlines to be met in the case of hidden faults within which hidden faults are to be registered following receipt of the goods. These are: in case of postage, within 24 hours; in the case of rail transport, within 7 days; in the case of forwarding agents, within 6 days and in the case of airway carriers, within 7 days.
VI. Payment and Delivery
Payments by bank transfer and via PayPal are accepted.
As in the case of the bathroom fixtures (finished wooden items), handmade, individual fabrications are in question, ammonitum’s contractual obligation begins only after receipt of an initial payment of at least 50% of the purchase price or the complete sum of the order. Following acceptance of the order and when work has already begun on the individual fabrication of a bathroom fixture, a refund is excluded.
In case full payment of the purchase price has been made immediately (no initial payment and/or instalment payment), the customer receives a discount of 3% on the purchase price. This only applies for wooden bathroom fixtures to be hand fabricated by ammonitum (for example, wash basins, bathtubs, cupboards etc.). For all other products, cash-in-advance payment without discount applies.
While making cash-in-advance payment, the customer undertakes to transfer the full amount of the invoice to ammonitum’s account within seven days of the order receipt, including a note to the payee. ammonitum has the right to cancel orders if ammonitum has not received payment up to the agreed payment date. This does not apply solely in the case where a customer has been proved not responsible for the delay in payment.
Delivery of the goods ordered only takes place after full payment. All items remain the property of ammonitum until full payment has been made.
VII. Delivery Abroad
As long as no other agreement has been made, in case of delivery abroad, the buyer is responsible for adhering to any customs regulations, import regulations and the laws of the country in question.
All data files, images and texts in our publications are subject to copyright. Processing, use and distribution of images, drawings, sketches, texts and quotes is expressly forbidden.
IX. Data Storage
ammonitum uses the data given by the customer to fulfil and process the order in question. The data is passed on to the freight agent subcontracted with delivery, if this is necessary in order to deliver the goods (name, address and, in some cases, telephone number in order to agree on delivery dates). The data is not passed on to third parties or used for advertising purposes. As soon as the contract has been fully processed and the full price has been paid, the data is blocked for further use and deleted after the legal time limits have expired in terms of tax and commercial law.
X. Applicable Law/Place of Jurisdiction
For all disputes arising from the contract, Swiss law is solely applicable. The place of jurisdiction is exclusively the headquarters of ammonitum:
Ammonitum GmbH, Wilbrunnenstrasse 45, CH-6314 Unterägeri
XI. Final Clauses
Changes and supplements to the contract occurring subsequently as well as subsidiary agreements require the written form in order to be effective. This also applies for any waiver of this clause relating to the written form.
Notice on Liability:
Despite careful checking of their contents, we are not liable for the contents of any external links on our website. The operators of the pages linked to are solely responsible for these.
as of July 2020