1. Scope

The General Terms and Conditions (hereinafter referred to as «GTC») apply to all orders placed and completed via the online shop «umweltcheck.ch» (hereinafter referred to as «Online Shop») of Triwa AG (hereinafter referred to as «umweltcheck.ch»).

The version of the GTC valid at the time of the order is decisive. umweltcheck.ch reserves the right to change the GTC. A unilateral change of the GTC by the customer is not possible.

All product and service offers are exclusively aimed at customers with a residence or company headquarters in Switzerland or Liechtenstein.

The offer is valid as long as the product or service is visible in the online shop.

Images of products shown in advertising, brochures, online shop, etc. serve for illustration purposes and are non-binding.

2. Price

All prices in the online shop are final prices in Swiss Francs including all taxes (especially VAT) and, if applicable, any advance recycling fee (vRG).

The decisive price is the price in the online shop at the time of the order. umweltcheck.ch can adjust and change the prices at any time. In case of technical or human errors leading to a drastic (>50%) price reduction in the online shop, umweltcheck.ch reserves the right to cancel the order.

umweltcheck.ch is free to reject orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.

Additional services such as delivery, assembly, disposal, sampling, insurance, etc. are listed separately in the shopping cart and on the invoice.

2.1 Availability and Delivery Time

umweltcheck.ch places great importance on indicating availabilities and delivery times in the online shop as up-to-date and accurately as possible. However, delivery delays may occur due to production or delivery bottlenecks. Therefore, all information about availability and delivery time is without guarantee and can change at any time.

3. Order and Conclusion of Contract

The prices of products and services in the online shop are not legally binding offers. They are for information purposes only.

An order is considered an offer to umweltcheck.ch to conclude a contract. An order can be placed in the online shop, by phone, or by email. Any correspondence from umweltcheck.ch will be sent via email to the email address provided by the customer. It is the customer's responsibility to ensure that a correct email address is provided when placing the order.

After the order, the customer automatically receives a confirmation documenting that the order has been received in the online shop. Receipt of the automatically generated order confirmation («Order») to the email address provided by the customer does not include a promise that the product can actually be delivered. It merely indicates to the customer that the order has been received in the online shop and that the contract with umweltcheck.ch is concluded if the goods or services are available and the correct price is indicated. umweltcheck.ch reserves the right to cancel the contract without stating reasons. Any payments made in advance by the customer will be refunded by umweltcheck.ch.

From the moment of receipt of the automatically generated order, it is no longer possible for the customer to change the order. Any changes are only possible out of goodwill by umweltcheck.ch, but only on a voluntary basis by umweltcheck.ch.

The offer is subject to the condition that the contract is dissolved in case of delivery impossibility or an incorrect price indication.

The contract is binding for the customer. A withdrawal from the contract is only possible out of goodwill by umweltcheck.ch. If no goodwill is found, a withdrawal is not possible and the customer must pay the full amount stated in the contract within the payment period indicated on the invoice.

The customer has 30 days from receipt of the sampling container to take the sample and send it back to umweltcheck.ch. If this does not happen, umweltcheck.ch is no longer obliged to provide the ordered service or deliver the ordered product. The full costs serve as compensation for the circumstances incurred by umweltcheck.ch.

4. Delivery

Delivery is exclusively to customers with a delivery address in Switzerland or the Principality of Liechtenstein.

4.1 Delivery Time

Upon receipt of the order confirmation via email, a provisional delivery date is also visible, or the customer will be contacted directly to arrange a delivery date.

The specified delivery time in days only refers to working days. Public holidays as well as Saturday and Sunday do not count towards the delivery time.

If there is a delivery delay due to a clear error by umweltcheck.ch and this delay is longer than 30 days, the customer has the right to withdraw from the contract. In this case, umweltcheck.ch will refund all amounts paid in advance for costs directly incurred by the delivery delay. Further claims of any kind against umweltcheck.ch do not exist.

The customer assumes responsibility for the delivered products and services, even if they were not directly received by them.

The products/services are considered delivered as soon as the product/service has arrived at the recipient. It does not require the physical presence or confirmation of the recipient.

4.2 Cooling Boxes

The cooling boxes are the property of umweltcheck.ch. The cooling boxes must be returned together with the sample. If the sample is returned without the cooling box or the cooling box shows damage, a fee of 20 CHF will be charged.

5. Inspection Obligation

The customer must immediately check delivered or picked-up products and services for completeness, correctness, and any damage (e.g., delivery damage).

All identified defects must be reported to umweltcheck.ch within 5 calendar days from the date of delivery or pickup via email. The product/service should be returned to umweltcheck.ch. umweltcheck.ch will try to replace the defective product. If a replacement is not possible and the fault lies with umweltcheck.ch, the costs already paid will be refunded.

6. Warranty

umweltcheck.ch provides a warranty for products for freedom from defects until the expiration date, but for a maximum of 2 years from receipt of the goods, if compliance with storage conditions by the customer can be proven.

There is no right of return for defect-free and correctly delivered products.

The warranty expires as soon as the original packaging of the product/service is opened.

All further and especially the statutory provisions for warranty are excluded.

7. Withdrawal and Disclaimer

7.1 Liability and Disclaimer

umweltcheck.ch is not liable for damages or claims for compensation by the customer. If damage occurs due to a defect or faultiness of a product or service, the purchase price paid by the customer is the maximum amount that can be claimed.

umweltcheck.ch is not liable for work carried out based on any false analysis results or incorrect sample collection, such as renovations or similar.

umweltcheck.ch is also not liable for any results or incorrect results of products and/or services and their direct or indirect consequences.

Additionally, umweltcheck.ch is not liable for: slight negligence, indirect and consequential damages and lost profits or revenue, damages from delivery delays, or unrealized potential savings.

Furthermore, umweltcheck.ch is not liable for improper, contractually non-compliant, or illegal storage, installation, or use of products, force majeure, especially elemental, moisture, fall, and impact damages, etc., which are not the responsibility of umweltcheck.ch, as well as official orders.

7.2 No Guarantee for Completeness and Accuracy

The data published on the websites are provided by umweltcheck.ch exclusively for personal use and information purposes. umweltcheck.ch does not guarantee the completeness, timeliness, accuracy, or correctness of the displayed information, even if the greatest care is taken in collecting the information. It also tries to use only reliable sources.

7.3 Changes

Data and information can be changed at any time without notice.

7.4 Limitation of Liability

umweltcheck.ch fully excludes any liability for damages and/or losses of any kind resulting from the use of the information and data on umweltcheck.ch and its subpages and also links to third-party websites. This also includes direct and/or indirect consequential damages.

umweltcheck.ch also disclaims any liability for manipulations of the user's hardware or software system by unauthorized persons. This can include viruses or targeted hacker attacks. It is recommended to use updated antivirus software and the latest browser versions. Emails of unknown origin and especially attachments from unknown sources should not be opened.

7.5 Guarantee

umweltcheck.ch cannot guarantee that individual pages, subpages, or even parts thereof will function flawlessly.

7.6 Copyright

Any content on umweltcheck.ch and its subpages is protected by copyright. Individual parts of the websites or entire websites or subpages of umweltcheck.ch may only be printed or saved with complete source information. By saving or printing, the terms of use of umweltcheck.ch are accepted. All property rights remain with umweltcheck.ch.

The use (including, but not limited to, duplication, reproduction, modification, linking, or transmission) of information or data from umweltcheck.ch websites and subpages is only permitted with written consent from umweltcheck.ch.

Furthermore, the use of electronic and/or automated functions such as spiders or crawlers that automatically retrieve the content of the websites is prohibited.

umweltcheck.ch reserves the right to take legal action against the perpetrators for damages.

7.7 Links (Linked Websites)

umweltcheck.ch assumes no responsibility for the content, accuracy, completeness, or legality of third-party websites linked through links.

8. Payment

All payments must be made in Swiss Francs (CHF).

The payment options for products and services shown in the online shop are valid. These may include the following: invoice, credit card, TWINT, prepayment. Any fees for this will be explicitly stated in the order process.

For TWINT and other immediate payment options (credit card, etc.), the charge is made at the time of the order.

When paying with a payment method offered by Worldline, the payment processing is carried out via the payment service provider Worldline Schweiz AG Hardturmstrasse 201, 8021 Zurich (hereinafter «Worldline»). When using the payment service provider, it enables umweltcheck.ch and the customer to process the payment between each other. The payment service provider forwards the customer's payment to umweltcheck.ch. For more information on the functions and terms of use of the payment provider Worldline, please visit: https://www.six-payment-services.com/de/services/legal/privacy-statement.html

When purchasing on account, the customer is obliged to pay the invoice amount within 10 calendar days of dispatch of the invoice without any deduction (e.g., discount). umweltcheck.ch reserves the right to conduct a credit check before delivery. umweltcheck.ch can exclude the invoice payment option without stating reasons. The invoice will only be sent by email to the provided email address.

For prepayment, delivery is made only after receipt of payment. The products and services are reserved until the payment deadline of at least 10 calendar days expires.

umweltcheck.ch reserves the right to change the payment option after receiving the order confirmation.

8.1 Payment Default

In the event of a payment default, if the customer does not fulfill their payment obligations in whole or in part, all outstanding amounts owed by the customer to umweltcheck.ch become immediately due (in the case of prepayment within 7 calendar days from the 1st reminder). umweltcheck.ch can immediately demand these and cease further deliveries of products to the customer.

umweltcheck.ch charges a processing fee of 10 CHF for the 2nd reminder, and a processing fee of 25 CHF for the 3rd reminder.

From the first unsuccessful reminder, umweltcheck.ch can assign the invoice amounts to an external debt collection company. Additionally, an effective annual interest rate of up to 15% on the owed invoice amount may be charged from the due date stated in the invoice. The debt collection company will assert the outstanding amounts in its own name and on its own account and may charge additional processing fees.

9. Retention of Title

Ordered products and services remain the property of umweltcheck.ch until all invoices are fully paid. umweltcheck.ch may make an entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or transformation without the express consent of umweltcheck.ch is not permitted.

10. Other Provisions

10.1 Non-Collected or Non-Deliverable Products and/or Services

The customer is obliged to provide an address that is accessible to the post and any other delivery service providers. If this is not possible, umweltcheck.ch will attempt to redeliver the product/service 3 times. Any additional delivery costs will be borne by the customer.

After 3 unsuccessful delivery attempts, the customer agrees to pay the full price for the product/service.

10.2 Data Protection

The privacy policy applies to the processing of personal data by umweltcheck.ch.

10.3 Severability

If individual provisions of these GTC are invalid or ineffective, this does not affect the validity of the remaining provisions and these GTC as a whole.

10.4 Applicable Law and Jurisdiction

The place of jurisdiction is Zurich.

Swiss law applies.

10.5 Special Provision for Samples and Associated Laboratory Services

The customer undertakes to take the samples in accordance with the instructions provided in the sampling kit and to complete the enclosed form. Both the sampling and return are the responsibility of the customer.

The customer undertakes to transfer only drinking, pool, surface, rain, well, or similar water into the provided sampling containers. If something not listed here is transferred into the sampling containers and this damages the analysis devices, the customer is liable for the repair costs and any downtime.

After returning the sample to umweltcheck.ch, the analysis is carried out and evaluated by an independent partner laboratory. These analyses are carried out with the utmost care. However, both the sampling, storage, delivery, the analysis itself, the evaluation, and the delivery of the analysis result offer numerous potential sources of error. These are not the responsibility of umweltcheck.ch.

All results are for the customer's own control. Due to the sampling by the customer, the control of the water sample is lacking. Therefore, the results are not legally binding, and umweltcheck.ch cannot guarantee the accuracy of the analysis results. The judicial or official usability of the analysis results cannot be guaranteed. For this, a sampling by a trained sampler who confirms the sample identity is usually required.

If the customer does not follow the instructions, the provider is entitled to refuse the investigation of the submitted water sample and to demand the full purchase price. The customer must send the shipment using the return material provided to the address specified in the instructions.

umweltcheck.ch reserves the right to reject samples if there is a risk to the health of employees or the functionality of the machines.

10.6 Copyright Notice

Any dissemination, reproduction, or other use is prohibited and only permitted with written consent from umweltcheck.ch. In case of violation, umweltcheck.ch reserves the right to take legal action.

All rights, in particular copyright, to these GTC lie with umweltcheck.ch.

2022-10-21