GTC

General Terms and Conditions

Scope of application

These terms and conditions apply to all purchases made from Edi’s Techlab Imprint by private customers.

These General Terms and Conditions apply to all legal transactions between the user and a consumer (in accordance with Section 13 of the German Civil Code, a “natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity”).

Prices and shipping costs

The prices shown are final prices incl. Value added tax. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs that depend on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under shipping costs. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of withdrawal. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment is made upon delivery by means of

– Credit card

– Prepayment

– PayPal

Default of payment

If you are in default of payment, Edi’s Techlab shall be entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Edi’s Techlab has demonstrably incurred higher damages due to delay, Edi’s Techlab is entitled to claim these.

Right of retention

The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

– Germany

– Switzerland

– Austria

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, Edi’s Techlab’s obligation to perform is excluded. Any amounts already paid will be refunded by Edi’s Techlab without delay.

(3) Edi’s Techlab may also refuse performance if this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract. Any amounts already paid will be refunded by Edi’s Techlab without delay.

(4) Bulky goods (parcels with a volume greater than 1 square meter) are usually delivered by a forwarding agent. Edi’s Techlab expressly points out that these goods are not carried into the house.

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery to return the goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.

Defect rights

(1) Edi’s Techlab shall, at the customer’s discretion and at Edi’s Techlab’s expense, replace a defective product (warranty case) with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:

  1. a) in the event of damage caused to the customer through misuse or improper use,
  2. b) in the event of damage caused by the products being exposed to harmful external influences on the customer’s premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Edi’s Techlab also provides no warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort which, in view of the product price, is grossly disproportionate to the customer’s interest in performance, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim shall be limited to the other type of subsequent performance in each case. The right of Edi’s Techlab to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Edi’s Techlab at Edi’s Techlab’s expense, stating the order number. The customer must remove any objects inserted by him from the product before sending it in. Edi’s Techlab is not obliged to inspect the product for the installation of such items. Edi’s Techlab shall not be liable for the loss of such items unless it was readily apparent to Edi’s Techlab at the time the product was returned that such an item had been inserted into the product (in which case Edi’s Techlab shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is accepted for loss of data. It is also the customer’s responsibility to install the software and data and reactivate the passwords after the repaired or replacement product has been returned.

(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be subject to the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,

  1. a) if the defect justifying withdrawal only became apparent during processing or transformation,
  2. b) if Edi’s Techlab is responsible for the deterioration or loss or if the damage would also have occurred at Edi’s Techlab,
  3. c) if the deterioration or loss has occurred at the customer’s premises even though the customer has exercised the care that he is used to exercising in his own affairs.

(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which are governed by the relevant warranty conditions.

(9) The statutory warranty of Edi’s Techlab ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In the event of slight negligence, Edi’s Techlab shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Edi’s Techlab shall not be liable for other damage caused by slight negligence due to a defect in the purchased item.

(2) Irrespective of any fault on the part of Edi’s Techlab, Edi’s Techlab’s liability in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer’s warranty is a manufacturer’s warranty and does not constitute a warranty by Edi’s Techlab.

(3) Edi’s Techlab is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Edi’s Techlab for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Edi’s Techlab shall be governed exclusively by the laws of Switzerland to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the country in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you are not domiciled in Switzerland or if you move your domicile abroad after concluding the contract or if your domicile is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Switzerland.

Dispute resolution

General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Warranty
The statutory warranty regulations apply.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.

(2) Amendments or additions to this contract must be made in writing