Terms and Conditions
1 General
1.1 The following terms and conditions apply to all our offers, sales, deliveries, and services and become part of the contract. They also apply to all future business relationships, even if they are not expressly agreed upon again.
1.2 We hereby expressly object to any deviating or supplementary general terms and conditions of the buyer. They shall not apply even if the buyer has based his order or other declaration on them.
2 Offers and orders
2.1 Our offers are subject to change unless they are expressly stated to be binding in writing. A valid contract is therefore only concluded upon our order confirmation or upon delivery of the goods.
2.2 Dimensions, weights, illustrations, drawings, and other documents included in our non-binding offers remain our property and are only approximate. They can only become binding contractual provisions upon our express written confirmation.
3.0 Returns/Exchanges
3.1 Returns are permitted up to 30 days after the order date and must be returned to the following address:
RSC Projects GmbH
Weidstrasse 16
8620 Wetzikon
Only items suitable for resale are eligible for exchange. Used, defective, or items that have had their nameplates removed cannot be returned.
4 Doubtful solvency
4.1 If, after conclusion of the contract, we become aware of circumstances that cast doubt on the buyer's ability to pay, we may make further deliveries dependent on advance payment for the goods by the buyer. We may set the buyer a reasonable deadline for advance payment and withdraw from the contract if the advance payment is not received by the deadline; the buyer may provide security by way of a bank guarantee instead of advance payment. If we have already delivered the goods, the purchase price shall be due immediately without deduction, regardless of any agreed payment terms.
4.2 Doubts about the Buyer’s ability to pay are justified, among other things, if an application for the opening of insolvency proceedings has been filed against his assets or if he fails to make payments to us or third parties on time.
5 prizes
5.1 Our prices are ex works unless otherwise agreed with the buyer. Packaging and shipping costs, as well as customs duties, are not included in the price.
5.2 The statutory value added tax is not included in our prices and will be shown separately on the invoice at the rate applicable on the day of invoicing.
5.3 If more than four months elapse between the date of contract conclusion and the date of delivery without this being due to a delivery delay for which we are responsible, and if our current price list has changed during this time, we may demand the list price valid on the date of delivery instead of the agreed purchase price. We will send the buyer an amended order confirmation prior to delivery. In this case, the buyer may withdraw from their order with regard to the goods for which the price has been increased. They must declare their withdrawal in writing no later than the third working day after receiving the amended order confirmation. Sending an email is sufficient.
6 Delivery time
6.1 All stated delivery dates are non-binding and are only approximate unless expressly designated as binding by us. For non-binding delivery dates, delivery within 10 working days of the stated delivery time is still considered timely.
6.2 If we are culpably unable to meet an expressly agreed deadline or are in default for other reasons, the buyer must grant us a reasonable grace period, which
10 days. After this grace period expires without result, the buyer is entitled to withdraw from the contract.
6.3 If performance becomes temporarily impossible or significantly more difficult for us due to force majeure or other extraordinary circumstances beyond our control, the agreed delivery time shall be extended by the duration of the impediment. The same applies to any statutory deadline or deadline set by the buyer for performance, in particular to grace periods in the event of default.
6.4 Before the expiration of the delivery or performance period extended pursuant to paragraph 3, the buyer is neither entitled to withdraw from the contract nor to claim damages. If the impediment to performance lasts longer than three weeks, both the buyer and we are entitled to withdraw from the contract, provided the contract has not yet been performed. If the buyer is contractually or legally entitled to withdraw from the contract without granting a grace period (e.g., due to loss of interest), this right remains unaffected.
6.5 In the event of any delay in delivery, unless caused by intent or gross negligence, claims for damages of any kind are excluded.
7 Shipping
7.1 Shipping is at the buyer's expense. Risk passes to the buyer upon loading of the goods, even if freight-free delivery has been agreed and/or the shipment is made using our own vehicles. We are not obligated to provide transport insurance.
7.2 Unless expressly agreed otherwise in writing, we are entitled to make partial deliveries to a reasonable extent, which will be invoiced separately.
8 Payment
8.1 Unless otherwise agreed, our invoices are to be paid within 10 days of the invoice date without deduction.
8.2 The Buyer shall be in default even without a reminder from us if he does not pay the purchase price within 10 days of the due date and receipt of the invoice or an equivalent payment statement.
8.3 If the buyer defaults on a payment, all of his payment obligations arising from the business relationship with us, including those for which bills of exchange have been issued, shall become immediately due. In this case, we are entitled to demand interest at the statutory rate from the relevant date. The seller reserves the right to prove greater damages.
8.4 The Buyer is only entitled to offset, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, acknowledged by the Seller, or are undisputed. The Buyer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.
9 Warranty/Liability
9.1 The buyer must inspect the received goods for completeness, transport damage, obvious defects, quality, and their characteristics. Obvious defects must be reported to us in writing or by email within 5 days of delivery of the contractual item.
9.2 We are not obligated to provide a warranty if the buyer fails to notify us of an obvious defect in writing in a timely manner. If the goods are defective for which we are responsible and the buyer notifies us in writing in a timely manner, we are obligated to provide subsequent performance, excluding the buyer's rights to withdraw from the contract or reduce the purchase price, unless we are entitled to refuse subsequent performance under statutory provisions. The buyer must grant us a reasonable period of time for subsequent performance for each individual defect.
9.3 Subsequent performance may be carried out, at the buyer's discretion, by remedying the defect or delivering new goods. We are entitled to refuse the type of subsequent performance chosen by the buyer if it would entail disproportionate costs. During the subsequent performance, the buyer is not entitled to a reduction in the purchase price or to withdraw from the contract. A subsequent improvement shall be deemed to have failed after the second unsuccessful attempt. If subsequent performance fails or the seller has refused subsequent performance altogether, the buyer may, at his discretion, demand a reduction in the purchase price (abatement) or declare withdrawal from the contract.
9.4 The buyer may only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or if subsequent performance is refused by us. The buyer's right to assert further claims for damages under the following conditions remains unaffected.
9.5 We are liable without limitation in accordance with statutory provisions for intentional or grossly negligent breaches of duty, as well as for damages resulting from injury to life, body, or health. Otherwise, we are only liable if the breached contractual obligation is clearly of essential importance for achieving the contractual purpose, and only up to the amount of the typically foreseeable damage.
9.6 The limitation of liability pursuant to paragraph 5 applies accordingly to claims for damages other than contractual claims, in particular claims arising from tort, with the exception of claims under the Product Liability Act. It also applies to our employees, workers, staff, representatives, and vicarious agents.
9.7 To the extent that we have provided a quality and/or durability guarantee with respect to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages resulting from the lack of the guaranteed quality or durability, but not directly affecting the goods, if the risk of such damage is clearly covered by the quality and durability guarantee.
9.8 We are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable to the extent that the damages are typically associated with the contract and foreseeable. We are not liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in Section 8 also apply to the extent that the liability of the Seller's legal representatives, executives, and other vicarious agents is affected.
9.9 Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that the Seller's liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives, and vicarious agents.
10 Retention of title
10.1 We retain title to the goods (reserved goods) until all payments under the purchase contract have been received. The delivered goods shall only become the property of the buyer once the buyer has fulfilled all its obligations arising from the business relationship, including ancillary claims, claims for damages, and the redemption of checks and bills of exchange. In the case of check-bill settlement, the retention of title in all its forms listed here does not expire upon check payment, but only upon redemption of the bill of exchange.
10.2 The buyer must notify us immediately in writing of any access by third parties, in particular of enforcement measures and other impairments of his property. The buyer must compensate us for all damages and costs resulting from a breach of this obligation and from necessary measures to protect against access by third parties.
10.3 If the buyer fails to fulfill his payment obligation despite a reminder from us, we may demand the return of the reserved goods still in his ownership without prior notice. The buyer shall bear the resulting transport costs. Seizure of the reserved goods by us always constitutes a withdrawal from the contract. After retaining the reserved goods, we are entitled to dispose of them. The proceeds of such disposition will be offset against our outstanding claims.
11 Place of performance
11.1 The place of performance for payments is our registered office, and for deliveries of goods the place of dispatch.
12 Data processing
12.1 The buyer agrees that we may process the data about the buyer received in connection with the business relationship in compliance with the Federal Data Protection Act for the fulfillment of our own business purposes, in particular storing it or transmitting it to a credit protection organization, insofar as this is within the scope of the purpose of the contract or is necessary to protect our legitimate interests and there is no reason to assume that the buyer's legitimate interest in excluding the processing, in particular the transmission, of this data outweighs such interests.
13 Place of jurisdiction and applicable law
13.1 Unless otherwise provided by law, the place of jurisdiction shall be our registered office.
13.2 The Buyer is not entitled to assign claims arising from the purchase contract without the consent of the Seller.
13.3 All disputes arising from this legal relationship shall be governed by Swiss law, excluding its conflict of law provisions. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
13.4 We are entitled to unilaterally amend these General Terms and Conditions, to the extent they are incorporated into the contractual relationship with the customer, if this is necessary to eliminate subsequently arising equivalence issues or to adapt to changed legal or technical conditions. We will inform the customer of any amendments and provide details of the amended provisions. The amendment will become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receiving notification of the amendment.
14 Severability clause and validity of the General Terms and Conditions
14.1 By placing an order, the customer accepts our General Terms and Conditions. Should any provision of these General Terms and Conditions be invalid for any reason, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be immediately replaced by the relevant statutory provision. Verbal agreements require written confirmation to be valid.
What personal data we collect and why we collect it
When you access this website, general information is automatically collected. This information is stored in the server log file and includes the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address, and similar information.
This is for the following reason:
- Ensuring a smooth connection to the website
- Ensuring smooth use of our website
- Evaluation of system security and stability as well as
- for further administrative purposes
Your data will not be used to draw conclusions about you personally. Information of this kind is only evaluated statistically to optimize our website and the technology behind it.
Storage period
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For data used to provide the website, this is generally the case when the respective session ends.
Comments
When visitors leave comments on the site we collect the data shown in the comment form, as well as the visitor's IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service's privacy policy can be found here: https://automattic.com/privacy/. After your comment is approved, your profile picture will be publicly visible in the context of your comment.
media
If you are a registered user and upload photos to this website, you should avoid uploading photos with an EXIF GPS location. Visitors to this website could download photos stored on this website and extract their location information.
Contact forms
The data you enter will be stored for the purpose of individual communication with you. For this purpose, you must provide a valid email address and your name. This will be used to assign the request and subsequently respond to it. Providing additional data is optional.
Cookies
If you leave a comment on our website, you may consent to saving your name, email address, and website in cookies. This is a convenience feature so that you don't have to re-enter all this information when you leave another comment. These cookies are stored for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will set up several cookies to save your login information and display choices. Login cookies expire after two days, and display choice cookies expire after one year. If you select "Stay logged in" when logging in, your login will be maintained for two weeks. When you log out of your account, login cookies will be deleted.
When you edit or publish an article, an additional cookie is stored in your browser. This cookie contains no personal data and simply refers to the post ID of the article you just edited. The cookie expires after one day.
Use of script libraries (Google Webfonts)
In order to display our content correctly and graphically appealing across all browsers, we use “Google Web Fonts” from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) to display fonts on this website.
The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/
Embedded content from other websites
Articles on this website may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves exactly as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Use of Google Analytics
This website uses Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter: “Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these websites, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google.
The purpose of data processing is to evaluate website usage and compile reports on website activity. Further related services are then provided based on website and internet usage.
Privacy Policy for the use of Twitter
Our website incorporates features from the Twitter service. These features are provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the "Retweet" function, the websites you visit are linked to your Twitter account and made known to other users. Data such as IP address, browser type, accessed domains, visited pages, mobile phone provider, device and application IDs, and search terms are transmitted to Twitter.
Please note that, as the provider of these pages, we have no knowledge of the content of the transmitted data or how it is used by Twitter. Due to ongoing updates to Twitter's privacy policy, we refer to the most current version at (http://twitter.com/privacy).
You can change your privacy settings on Twitter in your account settings at http://twitter.com/account/settings. If you have any questions, please contact privacy@twitter.com.
Privacy Policy for the use of Google Adsense
This website uses Google AdSense, an advertising service provided by Google Inc. ("Google"). Google AdSense uses "cookies," which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses web beacons (invisible graphics). These web beacons allow the website to analyze information such as visitor traffic.
The information generated by cookies and web beacons about your use of this website (including your IP address) and the delivery of advertising formats is transmitted to a Google server in the USA and stored there. Google may also transfer this information to Google's contractual partners. However, Google will not combine your IP address with any other data stored about you.
You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Privacy Policy for the use of Google +1
Using the Google +1 button, you can publish information worldwide. The Google +1 button provides you and other users with personalized content from Google and its partners. Google stores both the information that you have given a +1 for a piece of content and information about the page you were viewing when you clicked +1. Your +1 may be displayed as references along with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and ads across the internet.
Google records information about your +1 activity to improve Google services for you and others.
To use the Google +1 button, you need a globally visible, public Google profile, which must contain at least the name you chose for the profile. This name will be used across all Google services. In some cases, this name may replace another name you used when sharing content via your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.
In addition to the purposes explained above, the information you provide will be used in accordance with the applicable Google Privacy Policy (http://www.google.com/intl/de/policies/privacy/). Google may publish aggregated statistics about users' +1 activities or share these statistics with our users and partners, such as publishers, advertisers, or affiliated websites.
Use of Google Maps
We use Google Maps on this website. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google"). This allows us to display interactive maps directly on the website and enable you to conveniently use the map function.
For more information about data processing by Google, please see the Google Privacy Policy . You can also change your personal data protection settings in the Privacy Center.
Embedded YouTube videos
We embed YouTube videos on some of our websites. The operator of the corresponding plug-ins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (hereinafter "YouTube"). When you visit a page with the YouTube plug-in, a connection to YouTube servers is established. This informs YouTube which pages you visit. If you are logged into your YouTube account, YouTube can assign your browsing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.
When a YouTube video is started, the provider uses cookies that collect information about user behavior.
How long we store your data
When you leave a comment, it and its metadata are stored indefinitely. This allows us to automatically recognize and approve follow-up comments instead of holding them in a moderation queue.
For users who register on our website, we also store the personal information they provide in their user profiles. All users can view, change, or delete their personal information at any time (the username cannot be changed). Website administrators can also view and change this information.
What rights you have regarding your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request to delete any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Social Plugins
Social media plugins are used on our websites. These plugins may send information, which may include personal data, to the service provider and may be used by them. We prevent the unconscious and unwanted collection and transmission of data to the service provider using a two-click solution. To activate a desired social plugin, it must first be activated by clicking the corresponding button. Only by activating the plugin is the collection of information and its transmission to the service provider triggered. We do not collect any personal data ourselves through the social plugins or through their use.
We have no influence on what data an activated plugin collects and how this data is used by the provider. Currently, it must be assumed that a direct connection to the provider's services is established, and that at least the IP address and device-related information are collected and used. It is also possible that the service providers attempt to store cookies on the computer used. For information about the specific data collected and how it is used, please refer to the privacy policy of the respective service provider. If you are logged into Facebook at the same time, Facebook can identify you as a visitor to a specific page.
Google AdWords
Our website uses Google Conversion Tracking. The operator of Google AdWords services is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you accessed our website via an ad placed by Google, Google AdWords will place a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google.
If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked across AdWords customers' websites. The information collected using the conversion cookie is used to compile conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
How we protect your data
SSL encryption
To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) over HTTPS.
Changes
We may modify this privacy policy at any time without prior notice. The most recent version published on our website will apply.
Questions for the Data Protection Officer
If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.