General Terms and Conditions
§ 1 General
- These general conditions apply to all contracts, deliveries and other services of Gutermann AG, Sihlbruggstrasse 140, 6340 Baar, Switzerland (hereinafter: “seller“), in respect of the on-line shop www.myeasyscan.net and all sub-domains belonging to the domain. Regulations of the customer which deviate from this do not apply unless the seller has confirmed this in writing. Individual understandings between the seller and the customer always take precedence.
- The business relationship between the seller and the customer is subject to Swiss law. For consumers, this choice of law is valid only insofar as the guaranteed protections through statutory determinations in the law of the state in which the consumer is normally resident are not withdrawn. The validity of UN purchase rights is excluded.
- The language of the contract is German.
- The seat of justice is Baar, where the customer is a businessman or a judicial person of public law or a public law special asset. The same applies if a customer has no general civil status in Switzerland or if the home or normal residence is not known at the time the complaint is raised.
- We deliver to the following countries: worldwide except Germany.
§ 2 Content of contract and closure of contract
- The seller offers new goods for sale in the online-shop www.myeasyscan.net, principally leak location devices.
- The text of the contract is saved. It is not accessible to the customer. The buyer can access the text of the contract under www.myeasyscan.net/login.
§ 3 Prices, shipping costs, sales tax and payment
- When ordering via the online shop the prices given there will apply. All prices exclude the legal sales tax and will be shown separately, if applicable.
- The prices are understood to include shipping costs. For orders outside the online shop (see § 2 Sec. 3) the prices stated in the seller’s offer will apply, also inclusive of shipping costs.
- Delivery to the customer by the seller follows according to the wishes of the customer against the following payment methods: advance payment (by transfer, by PayPal, credit card payment). If the customer chooses advance payment by transfer, the payment is due at the latest 7 calendar days from completion of the contract.
- If a customer falls into arrears with payment obligations, the seller can demand compensatory payments in accordance with legal provision, and/or withdraw from the contract.
- The seller will always supply the customer with a bill which will be handed to the customer on delivery or will be passed by another means in text form.
§ 4 Delivery and transfer of risk
- The ordered goods will be delivered to the address given by the customer unless a different contractual agreement has been made. The delivery will come directly from the manufacturer.
- The availability of the individual items is given in the article descriptions. Goods available in storage will be sent by the seller within 30 working days of the payment instruction unless expressly agreed differently (for advance payments by transfer: within 30 working days of receipt of payment). If an item is marked as not in stock for a purchase through the online shop, the seller will make efforts to ensure fastest delivery possible. Details given by the seller regarding delivery times are not binding as long as the seller did not agree exceptionally a binding delivery time.
- The seller reserves the right to make a partial delivery so long as this seems advantageous to fast processing and the partial delivery is not exceptionally unreasonable to the customer. Additional costs incurred by partial deliveries will not be charged to the customer.
- The seller reserves the right to divest itself of the duty to fulfil the contract if the goods are to be delivered by a supplier on the day of the delivery and the delivery is not made in whole or in part. This reservation to self-supply only applies if the seller is not responsible for the failure to deliver. The seller is not responsible for the failure of service as long as a so-called hedging transaction with the supplier for the fulfilment of contractual obligations was made promptly. If the goods are not delivered, the seller will inform the customer immediately of this situation and refund any purchase price and shipping costs already paid.
- The risk of accidental loss or accidental damage to the goods passes to the customer at handover. If the customer is a company, the risk of accidental loss or accidental damage to the goods and the risk of delay for the sales shipment with the delivery of the goods to the haulier, freight handler or other person appointed to complete the shipping.
§ 5 Retention of title
Until the fulfilment of all the requirements of the contract, the delivered goods remain the property of the seller; in the case that the customer is a judicial person of public law, a public law special asset or a businessman carrying out commercial or independent professional activities, additionally that all requirements in connection with the contract regarding payments due to the seller in the current business relationship have been met.
§ 6 Right of retention
The customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for material defects or defects of title
- Where defects are present, the customer has rights according to the following measures of the legal warranty laws.
- Damage caused by incorrect actions of the customer in installing, connecting, operating or storing the goods do not justify warranty claims against the seller. Instructions for correct handling can be found by the customer in the manufacturer’s documentation.
- Defects must be raised with the seller by the customer within a guarantee period of two years for new items or one year for used items. If the customer is a company, the guarantee period for new items is one year. For used items there is no guarantee period for companies. The limits on liability present do not apply if the seller maliciously did not mention a defect or took over a guarantee for the condition of the goods, and not to damages claims of the customer in regard to compensation for an injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent faults on the part of the seller or the seller’s agents.
- If defects are present and these are raised promptly, the seller has the right to rectify the situation. If rectification is not possible, the customer has the right to reduce the sale price or to withdraw from the contract. The legal determinations apply in addition.
- EASYSCAN products have a two year warranty. The warranty does not apply to the battery life of the sensors which depends on the amount of usage.
§ 8 Duty to information for damage in transit
If goods are delivered with obvious damage to the packaging or contents, the customer should make a complaint with the haulier/freight service without prejudice to guarantee rights (§ 7) and immediately contact the seller by e-mail or otherwise (fax/post) so that the seller is able to exercise any rights in relation to the haulier/freight service.
§ 9 Exclusion of liability
- Apart from liability for material defects and defects of title, the seller has unlimited liability where the cause of damage is deliberate or gross negligence. The seller is also liable for slightly negligent violations of significant obligations (those obligations whose violation endanger the attainment of the purpose of the contract) and the fulfilment of cardinal obligations (obligations without the fulfilment of which the contract cannot be correctly completed and upon which the customer relies), however, only for the foreseeable damages typical to contracts. The seller is not responsible for the slightly negligent violation of obligations other than those present.
- The limits to liability of the previous section do not apply where there is loss of life, physical injury or damage to health due to a defect after taking over a guarantee for the quality of the product and where defects have maliciously not been mentioned. Liability in accordance with the product liability laws remains unaffected.
- If the liability of the seller is excluded or limited this also applies to the personal liability of the seller’s employees, representatives and agents.
§ 10 Radio frequency regulations and certifications
- The seller of the EASYSCAN (Gutermann group as manufacturer) has obtained a CE certification for the sale of this product into all countries of the European Economic Area (EEA), plus Switzerland and Turkey. Currently, EASYSCAN is not yet FCC approved.
- Countries, to which the seller supplies EASYSCAN products: The seller supplies EASYSCAN products with the CE certified radio frequency 868 MHz (or more specifically 869.4 – 869.65 MHz) to all countries of the EEA, Switzerland, Turkey, as well as to countries who are known to accept CE certified products: Central and Eastern European countries, Russia and Central Asia, most countries in the Middle East, and in Africa, as well as to New Zealand. The seller supplies EASYSCAN products with 915 MHz fixed frequency to most countries in Asia, 916 MHz fixed frequency to Israel, Australia and Brazil, and EASYSCAN products with 915 MHz with frequency hopping to all countries in Latin America (including Mexico, but excluding Brazil).
- The seller does not currently supply EASYSCAN products to the USA, to Canada and to countries adopting other frequency ranges, notably Japan, Korea and India.
- It is the buyer’s responsibility to ensure that the import and the use of EASYSCAN products is and remains permitted in his country.
Right or revocation
You have the right to revoke this contract within fourteen days without giving a reason.
The revocation time period is fourteen days from the day on which you or a third party named by you who is not the carrier takes or took possession of the goods.
In order to exercise your right of revocation you must inform us, Gutermann AG, Sihlbruggstrasse 140, 6340 Baar, firstname.lastname@example.org with a clear declaration of your decision to revoke this contract (e.g. a letter sent by post, telefax or e-mail). You can use the sample revocation-form supplied but this is not a condition.
You can fill in and send the sample revocation form or another clear declaration electronically on our website www.myeasyscan.net. If you make use of this possibility, we will immediately send you a confirmation (e.g. by e-mail) of the receipt of such a revocation. It is enough to maintain the guarantee period if you pass on the intention to exercise the right of revocation before the expiry of the fourteen days.
Consequences of Revocation
If you revoke this contract, we have to pay back without delay and within fourteen days of the receipt of the receipt by us of the notification of revocation of this contract all the payments that we have received from you including the delivery costs (except additional costs arising from your choice of a different type of delivery to the cheap standard delivery offered by us). We will use the same method of payment for this repayment that you used for the initial transaction unless something different was agreed expressly with you; in no case will you be charged fees against this repayment. We can refuse the repayment until we have received the goods back or you have produced the evidence that you have sent the goods back, whichever is the sooner.
You must return or send the goods without delay and at the latest within fourteen days from the day on which you informed us of the revocation of this contract to Gutermann Technology Gmbh, Gottlieb Daimler Strasse 10, 88214 Ravensburg, Germany. The deadline is maintained if you send the goods before the expiry of the fourteen days. You bear the immediate costs of the return of the goods.
You will only be responsible for any loss of value of the goods if this loss in value is due to an activity involving the goods which is not necessary to test the quality, characteristics and functionality of the goods.
If you wish to revoke the contract, please fill in this form and send it back to us: