General Terms and Conditions
dated 21 April 2022 (Version 1.1)
These Standard Terms and Conditions (“STCs”) apply to all contracts and other business relationships between Armin Strom AG, Boezingenstrasse 46, 2502, Biel (“Armin Strom”) and its clients across all the products and services provided by Armin Strom (“products”).
The terms and conditions expressly agreed between the Parties, together with these STCs, constitute the legally binding subject matter of the contract. The client’s standard terms and conditions or standard terms and conditions of purchase are not binding unless Armin Strom has expressly agreed to such terms and conditions in writing.
Armin Strom may change the STCs at any time without prior notice, and the PDF version that is always published upon conclusion of the contract www.arminstrom.com (“website”) is binding.
2. Product Details Subject to Change
The description of Armin Strom’s range of products and services of Armin Strom on websites, in catalogues, in advertisements and in other media is for illustrative purposes only and is subject to change, and does not constitute a binding offer to conclude a contract.
Armin Strom endeavours to describe its products accurately and comprehensively in the sales documentation. The client nevertheless acknowledges that deviations (particularly with regard to colour and form) are possible and some features may not be described. All the information in the sales documentation provided by Armin Strom about the design and nature of the products (e.g. drawings, images, dimensions, weight and other specifications) is for guidance purposes only and does not constitute a guarantee of the features of the products, unless the binding nature of such information is contained in a written declaration.
A client may nevertheless contact the Concierge Service (email@example.com) at any time to obtain further information about the products provided by Armin Strom.
3. Reservation Requests for Products
A client may submit reservation requests for products of Armin Strom on the website or via the Concierge Service. Upon confirmation of the reservation, the relevant product is is reserved for the client for a maximum period of ten days. The reservation deadline may also be shorter for limited stocks or special offers. The deadline stated in the confirmed reservation is decisive in each case. If a contract is not concluded within the deadline, the product will be released again without further communication.
4. Formation of a Contract
If a client expresses an interest in a product provided by Armin Strom, he will be contacted by the Concierge Service forthwith and will subsequently receive an e-mail or a letter containing an offer to conclude a contract. Unless expressly stated otherwise in the offer, the latter is valid for a maximum period of ten days from the date of issue and may be withdrawn by Armin Strom at any time prior to receipt of the acceptance of the offer by the client. The client shall carefully review the offer, including the specifications of the products ordered and personal details and report any discrepancies by e-mail or post without delay. In this case, the client will promptly receive a revised offer.
By making the deposit or advance payment stipulated in the offer, the client accepts the offer made by Armin Strom and a bilateral contract is formed. Armin Strom will acknowledge the timely receipt of the deposit or advance payment by e-mail or post.
5. Orders Placed on the Website
The client may also order certain products offered by Armin Strom on the website. By activating the “Proceed to payment” button and successfully completing the payment process that is thereby initiated, the client makes a binding offer to enter into a contract for the products concerned. Armin Strom will promptly acknowledge receipt of the order. However, acknowledgement does not imply acceptance of the order by Armin Strom.
The order placed by the client is accepted and a binding contract is subsequently concluded when an order confirmation is sent by e-mail upon receipt of payment from the client and the availability of the product, the actual costs and the client’s details have been verified. The client shall check the order confirmation without delay and promptly report any errors by e-mail. Otherwise, the subject matter of the order confirmation is deemed to be accurate and accepted by the client and is decisive for the contract that has been concluded.
If the offer made by the client to enter into a contract is subject to price adjustments or additional costs (e.g. foreign value added tax, customs duties, import duties etc.), instead of an order confirmation, the client will receive an amended offer to conclude a contract. The client shall consider this offer carefully and, if appropriate, confirm acceptance of the offer within the prescribed deadline.
If Armin Strom is unable to accept´an order placed by a client, the client will be informed that his order has been rejected and he will receive a refund of any payments made. Orders placed by clients for products that are only temporarily out of stock will remain unaffected and will be executed as soon as possible. The client will be notified of the estimated waiting times by e-mail.
6. Prices and Additional Costs
All the prices published on websites, in catalogues and in other media are subject to change without notice and are quoted in Swiss francs and, unless otherwise stated, they include Swiss value added tax. The client agrees and acknowledges that the value added tax of the respective country will be charged on deliveries abroad, and other local fees (e.g. customs duties and import duties) that may be incurred as well shall be paid by the client in addition to the purchase price. The price indicated in the offer or the order confirmation issued by Armin Strom is always decisive. Armin Strom may nevertheless adjust the prices accordingly in the event of price and cost increases, changes to freight, customs duties and other duties that are incurred after conclusion of the contract.
Unless otherwise agreed, the client is responsible for paying the appropriate customs clearance, taxes and charges. Local customs offices provide information on the amount of charges payable.
7. Delivery of Products
The products are custom made and the production time is between five and seven months. The estimated delivery date indicated in the offer or the order confirmation is subject to change and potential delays do not entitle the client to withdraw from the contract.
The products are delivered by a transport company chosen by Armin Strom to the delivery address indicated by the client. The price quoted includes delivery charges. The client or his authorised representative must provide the transport company with a written acknowledgement of receipt of the products.
8. Duty to Inspect and Notify Defects
Armin Strom insures the products against damage and losses during transport. The client or his representative shall nevertheless promptly check the products upon receipt to ensure that they are correct, complete and were not damaged during delivery.
Any damage during delivery shall be recorded directly on the delivery note or must be notified to the delivery agent and the Concierge Service without delay. Armin Strom will then take the necessary action.
The client shall notify the Concierge Service by e-mail or post of other visible defects within ten calendar days after delivery of the product. Latent defects shall be notified by e-mail or post within ten calendar days after their detection. The client’s warranty claim will be invalid if patent or latent defects are notified after this deadline.
9. Transfer of Ownership and Risk
The benefits and risk are transferred to the client upon delivery of the products to the client or acceptance of the products by the client’s authorised representative or consignee.
When the benefits and risk are transferred, ownership of the products is also transferred to the client or to the authorised consignee. Armin Strom shall nevertheless retain ownership of the products in any event until the client has paid the purchase price in full.
10. Payment Terms
Armin Strom only accepts the payment methods indicated during the order process or in the offer, and the total invoice amount is generally payable in advance. Armin Strom may additionally require an advance payment at any time. Unless stated otherwise, invoices are payable within ten days after the invoice date. Discount charges, foreign exchange costs and other payment costs shall be borne by the purchaser.
11. Delayed Delivery or Impossibility of Delivery
The client will be informed without delay and kept up to date in the event of delivery delays. In the event of significant delivery delays of more than five months after the expected delivery date, the client may rescind the contract by post or e-mail. In this case, Armin Strom will refund the client any advance payments that have already been made. No further claims may be brought against Armin Strom.
Should a delivery become partly or completely impossible before or after conclusion of the contract (e.g. export restrictions), the contract shall be rescinded as appropriate. The client will be informed by e-mail without delay and will be released from his payment obligation as appropriate, and Armin Strom will refund any payments that have already been made. No further claims due to a delay in delivery or failure to deliver shall be entertained.
12. Warranty and Services
Armin Strom warrants that upon the transfer of risk, the products are free from defects, and moreover, in accordance with the provisions of this section, gives a five-year warranty for manufacturing defects with effect from the purchase date.
The Concierge Service shall be notified forthwith of potential defects or services required. The client acknowledges that only the service points authorised by Armin Strom may provide warranty services and such services provided by unauthorised third parties will result in the loss of all warranty and guarantee claims.
If a product is proven to be defective, Armin Strom will remedy the defect, at its own discretion, by (i) repairing the product at no extra charge; (ii) providing the client with an equivalent product as a partial or total replacement; or (iii) giving the client a credit note, taking the fair value of the product concerned into consideration.
Defects or damage that are attributable to negligent or improper handling, improper use, natural wear and tear or the use of unsuitable accessories or alteration of the original components by the purchaser or by third parties that are not authorised by Armin Strom, are excluded from the warranty.
13. Limitation of Liability
Armin Strom is solely liable for damage caused deliberately or by gross negligence and and liability in all other respects is excluded to the extent permitted. More specifically, Armin Strom is not liable for losses resulting from a delivery delay or from acts and omissions by the auxiliary staff employed by Armin Strom, whether contractual or non-contractual.
14. Data Protection Regulations
Armin Strom processes personal data solely in accordance with the statutory regulations and with the data protection declaration that is published on the Armin Strom website. By placing the order, the client agrees to the inclusion of his data in the client database for the purposes of delivery, publicity and collection of internal statistical data. Date are only disclosed to third parties to the extent that is necessary for the performance of the contract (e.g. financial services providers, transport companies etc.).
The client may withdraw his consent to the processing of his data at any time with future effect. The client acknowledges that in this case as well Armin Strom may continue processing of personal data for legal reasons.
15. Use of Client Reviews
If the client writes a review, Armin Strom may display this review in all distribution channels, online shops and social media in which Armin Strom has a presence. Armin Strom reserves the right not to display a review or to display it for a limited period and may also abridge it, insofar as this is necessary for legal or technical reasons. The opinions expressed in client reviews are merely those of the clients and do not reflect the views of Armin Strom.
16. Right of Withdrawal of Consumers
The client is deemed to be a consumer if he enters into a business transaction as a natural person, neither for commercial purposes nor in connection with a freelance or other professional activity. The consumer may withdraw from purchase contracts within 14 days without stating reasons by returning the products or giving notice in writing. The following form may be completed to withdraw from the contract in writing and sent to Armin Strom:
I/we [*], the undersigned, herewith withdraw from the contract concluded by me/us [*] to purchase the following products [*]
– Surname, given name:
– Client’s address:
– Order number:
– Ordered on:
– Received on:
– Date/signature (for a written communication):
[*] Delete as applicable
The withdrawal period shall commence upon receipt of the instruction, but not before the consumer or his representative takes possession of the goods. The timely dispatch of the withdrawal notification or the return of the products within the prescribed time limit suffices to meet the deadline.
The right of withdrawal does not apply to products that are made to the client’s specifications or products that are personalised or products to which the right of withdrawal does not apply in accordance with Directive 2011/83/EU.
In the event of timely withdrawal from the contract, the goods and payments received by each party shall be returned and any benefits obtained (e.g. interest) shall be surrendered. Armin Strom will deduct any customs duties and taxes from the payments (deposit or advance payment) received. Compensation shall be paid for complete or partial returns or returns in a deteriorated condition, provided the deterioration of the product is not solely attributable to its inspection – as would have been possible in the store. The client shall pay the costs of returning the products, provided the goods that were delivered matched the goods that were ordered.
17. Partial Nullity
If one or more provisions of these STCs should prove to be null and void, this shall not affect the validity of the remaining provisions. In this case, the Parties will amend the contract so that the intended purpose of the contract is achieved as far as possible.
18. Applicable Law and Jurisdiction
The contract is governed by Swiss law with the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods adopted on 11 April 1980.
Subject to mandatory statutory provisions, any disputes arising hereunder shall be submitted to the exclusive jurisdiction of the courts of Biel, Switzerland.
19. Contact Address
Armin Strom AG
+41 32 343 33 44