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The customer confirms that he has taken note of and accepted the terms and conditions of sale and delivery as soon as the corresponding button has been clicked and the order has been transmitted to Adrenio GmbH / at-hena Golf Center (hereinafter ADRTRA) in the web shop or upon purchase of the products in the at-hena Golf Center Dietikon (hereinafter AGC).
The present terms and conditions of sale and delivery apply to all orders and purchases in the AGC, in particular to orders against cash payment, invoice with prepayment and payment by debit or credit card. All deliveries by ADRTRA are carried out exclusively in accordance with the sales and delivery provisions mentioned below.
The properties and technical details of the products can be found on the website www.at-hena.ch / www.at-hena.at and in the brochures and other ADRTRA documents available for download on the website. ADRTRA reserves the right to make technical changes to the products at any time. The products are intended for both commercial and private customers.
Before placing the order or before purchasing from the AGC, the customer must ensure that the desired product or service meets all of his requirements and intended use. All information contained in brochures or advertising materials published on the website or in the AGC (for example, descriptions, illustrations, information on weights or measures, etc.) are only guidelines and notices that do not affect the fulfillment of the contract in the event of minor deviations (pictures are not part of the contract). The technical specifications and / or the content of the products supplied may differ from the information provided by ADRTRA or the manufacturer. As a result, ADRTRA does not guarantee their correctness unless they have been expressly recognized as mandatory by the customer and ADRTRA in writing or by email.
For security purposes, ADRTRA reserves the right to save all information about the customer that it has at its disposal during a business transaction (for example the IP address or personal data).
The subject of the contract is the purchase of hardware with the associated documentation ("hardware" or "software") consisting of the listed devices, elements and additional equipment (accessories) with the properties and performance features specified there.
If programs ("software") are permanently stored in the hardware or are supplied, these are only intended for the contractual operation of the hardware. Any other use is excluded. The term “hardware” includes such programs.
The prices are published in electronic form in the web shop and can be viewed on the websites www.at-hena.ch and www.at-hena.at. All prices are indicated in the AGC next to the products and are net amounts. If the information differs (for example due to a campaign), the prices in the web shop are decisive. The product prices are in Swiss Francs including VAT and excluding delivery costs. For deliveries abroad, additional taxes and duties apply. The delivery costs are shown in the web shop according to weight and desired mode of transport. The prices quoted are always net prices.
The prices are non-binding and are in Swiss francs. With new price lists, all previous price lists lose their validity.
The price, payment and purchase modalities for the hardware are confirmed with the customer's order, recognized by the customer with his order and from this point in time binding for both contracting parties.
Until the price for the hardware has been paid in full, ADRTRA expressly reserves ownership of all goods delivered under the purchase contract by entering them in the public register at the customer's place of residence. Before the transfer of ownership, the customer may only dispose of the purchased items with software with the express written consent of ADRTRA.
The webshop or the overview of the products provided therein is only an invitation to the customer to submit an offer to ADRTRA. As a result, the published prices are not binding and there is no entitlement to the delivery of a product presented. Oral agreements are only valid if they have been confirmed in writing. The ADRTRA offers are valid for one month.
The order in the web shop takes place in the following steps:
5.1.1. Acceptance of the sales and delivery terms by the customer,
5.1.2. Creation of shopping cart by the customer,
5.1.3. Review of the order (overview) by the customer,
5.1.4. Entering the billing and delivery address by the customer,
5.1.5. Enter the country of delivery and the type of delivery
5.1.6. Display of the final amount of the invoice including delivery costs & statutory VAT.
5.1.7. Choice of payment method,
5.1.8. E-mail order confirmation from ADRTRA to the customer,
5.1.9. Acceptance of the customer's order by ADRTRA with dispatch of the ordered
Were.
Other orders are recorded by exchanging information via e-mail, fax, letter or verbally (for example by telephone or in person during a visit). The process is based on the order in the web shop (Section 5.1.).
The customer is responsible for the selection of products and services (including the performance results to be achieved through their use).
The total amount of the order is payable in a single payment and without discount or discount. You can pay using one of the payment methods listed below. All prices stated in the web shop or in the AGC are net prices. Value added tax and all other costs that may arise will be added at the time the order is placed. For deliveries to Switzerland, these are in particular delivery costs, taxes and the ARF. For deliveries abroad, the delivery costs, but not taxes, customs duties, ARF etc., are added to the order. Customers can choose between cash, bank transfer or credit card payment.
At the time of the order, the invoice amount is marked as a reservation in the system and the credit card is authorized, but not yet charged. The credit cards accepted for payment are in the web shop resp. displayed in the AGC.
There is no surcharge when paying by credit card. The relevant security regulations for data entry and transmission are determined by the payment link provider and the credit card organizations. Payment is due upon delivery of the goods and is only charged to the credit card at this point in time. A delayed charge to the credit card after delivery (for example in the event of system problems) is possible.
Payment is due when the order is received. After the order has been received, ADRTRA sends the customer a confirmation with all the necessary information for the bank transfer. The customer in Switzerland transfers the invoice amount in Swiss francs including all delivery costs and taxes as well as ARF to ADRTRA. Foreign bank charges are borne by the customer, Swiss bank charges are borne by ADRTRA. The ADRTRA account must be credited within 5 days of the date on which the order was placed. ADRTRA reserves the right to cancel the order without consultation if this deadline is not met.
ADRTRA regards all orders as a list of independent items.
Consequently, the customer is solely responsible for the choice of items that he orders. ADRTRA cannot check the mutual compatibility of the various articles contained in an order. It is also the responsibility of the customer to check the compatibility of the article (s) ordered with the devices with which he would like to use these articles.
Furthermore, ADRTRA does not assemble components / articles for technical or logistical reasons, even if these parts are part of the same order.
The customer is solely responsible for assembling the items ordered.
With the expiry of the payment period (expiry period), the customer is immediately in default without a reminder. The default interest on the outstanding amount is 12 percent per year. Any incidental activities (such as reminders, debt collection information, debt enforcement, etc.) will be billed according to the actual expenditure (expenses and workload of CHF 200.00 per hour).
Every item (including accessories and software) can be procured, manufactured and delivered specifically for the customer to order. Due to a wide range of products, it is not possible for ADRTRA to keep sufficient quantities of all products in stock at all times.
When ordering, the customer accepts in accordance with section 5.1.5. the type of delivery (post and courier service in Switzerland, economy courier service abroad). The customer is solely responsible for the delivery costs and fees demanded by the supplier. In the case of deliveries abroad, the customer is also responsible for customs duties and other processing costs.
ADRTRA is not responsible for connecting the delivered hardware (with software) to other devices or programs in the context of installation and making it operational and does not guarantee this. Compatibility is checked by the customer at his own risk before ordering.
Incompatibility of products does not constitute a right to exchange or rectification.
In all cases, deliveries are only made to the purchaser of the goods. Substitute recipients are not accepted and are considered to be direct orderers of the goods and customers. When ordering, the customer undertakes to provide a correct, current and complete residential address (registered address with the authorities) or business address (according to entry in the commercial register) with telephone number and e-mail.
An order that does not meet these conditions will be canceled. The customer will be informed of the cancellation of his order by email.
ADRTRA delivers from stock in Switzerland. If goods still need to be procured, ADRTRA will endeavor to execute the orders as quickly as possible. Any delivery times are given for information purposes only and are non-binding guidelines.
If the delivery cannot be carried out within the specified period, it is the customer's responsibility to request a new delivery period in writing or by email. Under no circumstances is ADRTRA liable for delivery times. A delivery time that deviates from the expectations of the customer can in no case be given as a reason for the cancellation of an order. No cancellation of the order is possible from the moment the ordered items are dispatched.
If the products are delivered by courier services for the purpose of tracking the shipment, ADRTRA has a tracking number. This will be communicated to the customer upon request. If the goods are deemed to have been delivered according to the tracking number (post office or courier service), it is assumed that the customer has received the article.
The dispatch of the ordered articles takes place at the risk of the customer. By handing over the sold hardware (with associated software) to the carrier, ADRTRA guarantees that it is ready for operation, provided that the customer has made the necessary preparations himself.
The customer undertakes to immediately check the delivered goods for correctness, completeness and intactness and secures the corresponding evidence. In the event of complaints due to loss or damage, etc. during transport, the customer must contact the transporter exclusively.
Irregularities are to be detected immediately by checking the shipment against the delivery note or the invoice as well as the weight of the shipment specified when the shipment was posted.
The risk is transferred to the customer when the goods sold by ADRTRA are handed over to the carrier.
If it is completely or partially impossible for ADRTRA to deliver the goods, it cancels the order and the purchase contract is not accepted to the extent of the cancellation. The customer undertakes to accept partial deliveries.
Neither of the contracting parties can be held responsible if the conclusion of the contract, the execution of the contract or the delivery of goods are made difficult or impossible by cases of force majeure (e.g. solar winds, meteorite strikes, earthquakes, volcanic eruptions, extreme precipitation, wars, armed conflicts, revolutions, terrorism or embargoes) .
If the delivery address is not given correctly or if the customer has not requested the product from the transport company within the deadlines specified on its delivery notification, the goods will be returned to the supplier. In both of these cases, ADRTRA can immediately and automatically initiate a procedure to cancel the order.
The cancellation of the order will be invoiced with the amount of CHF 150.00 plus VAT (this amount will be deducted from the order value when reimbursed).
The customer must check the hardware (with any software) immediately after delivery for correctness, completeness and intactness (freedom from defects).
Complaints must be made immediately, at the latest within 2 working days after delivery of the hardware (with any software), otherwise the delivered goods are deemed to be functional and approved.
At the request of the customer, ADRTRA assigns any claims and recourse claims by handing over the documents (in copy) to the customers, without giving any guarantee or assuming any obligation.
The customer bears the costs caused by late acceptance (storage, insurance, etc.). The customer falls into arrears immediately after the attempted delivery. After a reasonable period has been granted, ADRTRA can cancel the contract in whole or in part by means of a written declaration and demand compensation for at least the value of the hardware that was not accepted.
For defects that can be traced back to a material or manufacturing fault, ADRTRA provides the customer with a guarantee for a warranty period of 24 months from the first delivery of the goods (except for batteries, there are 12 months) and / or in the case of other signs 0 resp. 12 months. ADRTRA guarantees that the hardware has the properties described in the web shop.
Insofar as the condition of the hardware in the web shop is not described in detail, ADRTRA assures that it is suitable for the use stipulated in the contract or, if no specific use is stipulated in the contract, suitable for normal use and quality which is customary for hardware (with any software) of the same type and which the customer may expect. ADRTRA designed and sold the products offered for customers with an average use of 3 to 4 rounds of golf per week; Customers who play 5 or more rounds of golf per week can be excluded from the warranty by ADRTRA due to overloading of the material.
An insignificant reduction in the value or the suitability of the hardware is not taken into account.
The customer is liable for damage caused during delivery and after delivery due to improper handling. The warranty does not include the elimination of errors caused by wear and tear, external influences, such as, in particular, force majeure and natural disasters (lightning strike, natural disasters, etc.), moisture damage, impact or fall damage, electrical accidents, incorrect manipulation, damage caused by external influences and interventions in the product or its modification or operating errors arise. This also includes bleached areas or surfaces, defective zippers, water resistance, products that have been in the water and products that have been treated with a water jet. The warranty does not apply if the customer changes elements or additional equipment himself or has them changed by third parties without the written consent of ADRTRA.
In the case of commercial rental of the articles, any warranty on the part of ADRTRA is void. ADRTRA cannot be held liable for any loss or damage caused by a third-party product or its applications.
ADRTRA is not liable for consequential damage and late deliveries. The customer is solely responsible for adequately testing the product or its applications before it is used in the field (such as: parking lot, driving range, golf course or other environments).
The warranty period is 24 months and / or 0 resp. 12 months and begins with the delivery of the purchased goods (according to the tracking number at the post office or another courier service). The guarantee exchange or the guarantee repair does not lead to an extension of the original guarantee period. The guarantee does not limit the statutory warranty obligation. The customer must examine the hardware immediately upon receipt. The customer must report any defects occurring during the warranty period to ADRTRA in all details immediately recognizable, as far as possible, in particular in a reproducible form - within one day. The customer loses his right to invoke a lack of conformity if he does not notify ADRTRA of this in writing immediately after the point in time at which he discovered or should have discovered the defect.
The customer returns the defective goods and ADRTRA has to start work on remedying the defects as quickly as possible, at the latest within 10 working days after receipt of the goods with the notification of defects. If the goods have been returned to ADRTRA properly and at the expense of the customer with the notice of defects and before the expiry of the warranty period, ADRTRA will remedy the defect at its own expense.
If a check reveals that there is no defect or that a defect to be remedied is not covered by the warranty, ADRTRA can demand reimbursement of expenses of CHF 100.00 (plus necessary expenses). The customer has the exclusive right to repair or exchange (replacement delivery). The decision to repair or replace a device lies with ADRTRA. As part of its warranty obligation, ADRTRA can repair or replace defective devices, elements, additional devices or parts at its own expense. To the extent necessary for this, the customer must remove programs (including his application programs), data, data carriers, changes and additions or save them himself on a separate data carrier before the exchange, as these will be lost or damaged (e.g. in the event of a repair) can. ADRTRA accepts no liability for data loss or damage.
The customer gives ADRTRA the necessary time and opportunity to carry out the subsequent performance work. There is no entitlement to a replacement device for the duration of the repair.
ADRTRA is not liable for any consequential damage until the defect has been finally remedied. If the subsequent performance fails or is unreasonable, ADRTRA can cancel the contract at any time (withdrawal) or reduce the purchase price (reduction). ADRTRA does not assume any further guarantees.
Important: Guarantee claims can only be made with the sales partner in the country where the goods were purchased.
Some of the products are specially procured or produced to order for the customer and cannot be exchanged.
The return of new devices is also excluded.
The return of reduced goods is excluded.
ADRTRA respects the Swiss advanced recycling fees (ARF) and all associated legal standards, taking into account SWICO / SENS.
ADRTRA has the right to cancel a transaction in the event of an error (for example an erroneous price) or fraud.
ADRTRA assures that, to the best of its knowledge, the goods are free of third-party rights and that their contractual use does not interfere with third-party property rights. The parties will inform each other immediately in writing if claims are asserted against them due to infringement of property rights.
ADRTRA will only be liable - regardless of the legal reason - if the damage occurs either
Is ADRTRA liable in accordance with Paragraph 1 lit. a for the breach of an essential contractual obligation without gross negligence or intent, the liability is limited to the extent of damage that ADRTRA had to expect when the contract was concluded based on the circumstances known to it at that time. The limitation of liability according to Paragraph 2 applies in the same way to damage caused by gross negligence by employees or agents of ADRTRA who do not belong to its managing directors or executive employees. In all cases, ADRTRA is never liable for indirect damage, consequential damage or loss of profit.
The typically foreseeable extent of damage with regard to the properties of the hardware and the usage modalities on the part of the customer does not in any case exceed the purchase price. For the loss of data and programs and their restoration, ADRTRA is also only liable to the extent shown in Paragraphs 1 to 4 and only to the extent and to the extent of the purchase price, as this loss is not caused by appropriate precautionary and security measures by the customer, in particular the daily backup copies of all data and programs would have been avoidable. The limitations of liability according to Paragraphs 1 to 6 also apply mutatis mutandis in favor of the employees and agents of ADRTRA. Any liability on the part of ADRTRA based on the Product Liability Act remains unaffected by the above.
If third parties are harmed through the use of the goods, including demo and consignment goods, and the customer is legally liable, the customer is fully responsible for the damage. Furthermore, the customer has to pay full compensation for damage (including consequential damage) / theft caused by improper use of the goods or in violation of the conditions of use. Damage and theft must be reported to ADRTRA immediately. Otherwise the customer can later be held liable for it. ADRTRA has the right to claim damage for damaged, lost, stolen or stolen goods against the last registered customer. Evidence to the contrary is open to the customer. In the event of damage / theft, the customer has no right to compensation for damage suffered or the consequential costs.
Theft must be reported to ADRTRA within 24 hours. At the same time, the customer must report the theft to the police.
The customer can only assign his rights from this contract with the written consent of ADRTRA.
The contracting parties undertake to keep all information that is made accessible to them in connection with this contract and which are designated as confidential or which are recognizable as business or trade secrets due to other circumstances, confidential for an unlimited period of time and - unless required to achieve the purpose of the contract and with permission the other party - neither to record nor to pass on to third parties or to exploit in any way.
ADRTRA undertakes to handle customer data carefully. Information is only collected in order to safely process the transaction. No unnecessary customer data is collected and no customer data is passed on to third parties.
For security purposes, ADRTRA reserves the right to save all information about the customer that it has at its disposal during a business transaction (for example the IP address). Sensitive customer data (such as credit card information) is entered on encrypted websites (e.g. https: //).
The prices shown in the web shop include the statutory Swiss value added tax, customs duties, delivery costs and applicable import taxes are not included and are subject to legal requirements. In the case of deliveries to non-EU countries, the customer bears all national customs duties and local value added tax during import.
These terms and conditions contain all agreements between the contracting parties. There are no side agreements.
Changes or additions to these terms and conditions in writing. This also applies to a waiver of the written form requirement.
Should individual provisions of this contract be or become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision is replaced by a substitute regulation that comes as close as possible to the intended purpose of the ineffective provision.
If a party refrains from enforcing a contractual right in an individual case, this cannot be regarded as a general waiver of such rights.
In any legal cases, the place of jurisdiction is the place of business of ADRTRA. Swiss law applies in all cases. The Vienna sales law is excluded in all cases.
Importer: Adrenio GmbH, St. Niklausstrasse 22, CH-8103 Unterengstringen
Sales: at-hena Golf Center, Bernstrasse 82, CH-8953 Dietikon
www.at-hena.ch
shop@at-hena.ch
As of: September 2021
at-hena golf center
Adrenio Ltd
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