Scope

The following terms and conditions of RDI-Charles Kaeser, rte de St.-Amour 22, 1073 Savigny, e-mail: info@rdi-remontoirs.ch are only valid for online orders of our goods. Only this version of General Terms and Conditions is valid at the time of placement of the order. Other conditions may apply for resellers or distributors. They will, however, have to be put in writing and confirmed in writing by RDI-Charles Kaeser in order to be valid.

Contract

The contractual language is French, the place of jurisdiction of RDI is Lausanne, Switzerland. The applicable law is Swiss law, namely the Swiss Code of Obligations. Our goods are presented in an interactive online catalogue. RDI-Charles Kaeser reserves the right to modify or update its content at any time.

By clicking the “ORDER” button, the buyer commits to buying the goods in his shopping cart. All orders are subject to our acceptance, therefore, the contract is binding only after our order confirmation or delivery of the products. Orders can also be placed by telephone, fax or in writing.

The vendor, hereafter RDI-Charles Kaeser, remains the sole owner of the products until reception of the full amount of all contractual claims. Until payment of the full amount of the order, the buyer is obliged to:
Handle the products with care
Make the products available to third parties (namely in case of seizure)
Inform the vendor immediately about any damage or destruction of the products
Inform the vendor about any change of ownership or location of the products

The buyer has the right to re-sell the products within the scope of his regular commercial activities, under reservation of ownership, until further notice. As a counterpart, he transfers all receivables resulting from the resale or any other legal claim towards his own customers or third party vendors up to the invoice amount.
The vendor accepts the transfer. Afterwards, the buyer is authorized to recover his receivables. The vendor reserves the right to recover the receivables himself if the buyer does not respect his payment obligations in due course, namely if he fails to pay within the agreed timeframe or has suspended his payments.

Right of cancellation of the vendor

In case of violation of the contractual obligations of the buyer, namely in case of payment delay or any violation mentioned in the above paragraph, RDI-Charles Kaeser has the right to cancel the contract and ask for the return of the goods.

Right of retraction of the consumer

Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Distributors and retailers are not considered customers and thus cannot benefit from the same prerogatives.

You may cancel your online order without cancellation fees and without justification up to 2 weeks (14 days) after reception of the goods by yourself or a third party designated by you.

Only cancellations in writing, bearing your signature, are acceptable (e-mail, fax, letter). The goods have to be sent back in perfect condition, in their original package and within the period of retraction specified above to:
RDI-Charles Kaeser
Rte de St.-Amour 22
1073 Savigny
Switzerland

In case of partial return of the goods or if they are damaged due to inappropriate use which cannot be attributed to simple examination of the good functioning or to damage during transportation (see point 2), we will ask for compensation covering the damage. In this case, you have 30 days, counting as of the cancellation of your order and reception of your return, to effect the payment.

In case of a return, you are fully responsible for payment of any expenses in case of damage or loss of the goods. In this case, point 1 is applicable.

For goods which cannot be returned via post, we will arrange pick up from your place upon agreement.

Exemption from the right of retraction

Special orders or personalized/customized (e.g. engraved) items cannot be returned or exchanged.

Remuneration, shipment fees and taxes

The indicated price is contraignant. It consists of the value of the product, including packaging, shipment fees and VAT at the applicable rate for Swiss customers. Customs fees and VAT for the country of destination are payable to your customs authorities. The customer will not be charged for any bank transfer fees.

However, shipment fees and packaging will be at the customer’s expense. The invoice is payable upon receipt.
For rejected automatic payments, an administrative fee of CHF 50.- will be charged.
Unpaid invoices will be transmitted to a debt collecting agency.

Delivery

RDI-Charles Kaeser only delivers the order to the mentioned address upon receipt of payment by the customer or by credit card.

Personalized/customized orders cannot be returned or exchanged.

RDI-Charles Kaeser is committed to deliver orders at their earliest convenience (within 4 weeks maximum as of the date of order) or to respect the delivery date agreed with the buyer, for products not available immediately or for personalized/customized items.

In the case of events beyond our reasonable control for which RDI-Charles Kaeser cannot be held responsible (strike, administrative issues, customs, transportation problems of third parties, other acts of violence…) the delivery time will be extended by the duration of the delay and does not constitute a motive to cancel the contract. The seller commits to informing the buyer about any delay and its forseeable duration. In case of a delay of more than 8 weeks after the agreed delivery date, each party is allowed to cancel the contract.

RDI-Charles Kaeser reserves the right to deliver orders in partial shipments, after having informed the buyer accordingly and at its earliest convenience, keeping in mind both the customer’s and our own interest. In case of partial deliveries, the costs due to an additional shipment are born by RDI-Charles Kaeser.

If the product is out of stock, we will inform the customer accordingly at out earliest convenience and inform him about the expected delivery time. In this case, the customer has the liberty to maintain his order, to effect a pre-reservation or to cancel it.

In case of pre-reservation, only half of the order amount will be charged. This amount is not reimbursable in case of cancellation of personalized/customized or special orders. However, the full order amount is payable before delivery of the order.

Transfer of risk

If the customer is a company, the risk of loss or deterioration of the product is transferred to them at the time of delivery, at the time of distance purchase, at the time of delivery of the goods to the shipping agent or the person or institution charged to effect the shipment on behalf of the customer.

The transfer of risk will take place even if the company is in default of acceptance of the sold product.

Delivery to consumers

All risk of loss or damage of the goods is transferred to the consumer at the time he, or a third party designated by him other than our proposed shipping agent, takes possession of the goods. If the customer decides to use another shipping agent than the one proposed by us, the risk of loss or damage is transferred to the customer at the time the shipping agent takes possession of the goods.

The transfer of risk will take place even if the customer is in default of acceptance of the sold product.

Guarantee of conformity after delivery

The buyer has to inform the vendor about any visible irregularities of the product immediately upon their discovery by writing directly on the delivery note or a copy of the invoice within two weeks of reception of the goods. Otherwise he will not be able to make any claims based on the guarantee.

Legal guarantee to the customer

The period of legal guarantee for all products is two years minimum. (consumers and companies). Certain products have a longer guarantee – for your reference, please consult the guarantee/certificate of origin accompanying your product, or check our website.

It is the company’s or consumer’s responsibility to prove the defect. RDI-Charles Kaeser guarantees for defects by repair or replacement of the goods. In case the execution of the replacement fails, the customer has the right to cancel or claim a reduction of the price, without giving him the right, however, to claim any compensation or interest.