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GTC

Applicability of the General Terms and Conditions 

These General Terms and Conditions (GTC) govern the legal relationship between Heros Hygiene GmbH (the seller) and its customers (buyers) with regard to all contracts concluded between the parties. Any provisions of the buyer that conflict with these GTC are hereby expressly excluded. By placing an order, the customer expressly agrees to these GTC. 

Offers

The seller's offers are non-binding. Changes to prices and the product range as well as technical modifications are reserved. Product information such as technical specifications, illustrations and assurances of compatibility is based on information provided by manufacturers and is non-binding. Every offer is subject to the suspensive condition that the goods are available for delivery from the seller or one of the seller's contractual partners. Offers are subject to our suppliers delivering to us on time and in sufficient quantities. We reserve the right to adjust prices if procurement costs, raw material prices, exchange rates or transport costs change significantly after an offer has been issued. If delivery is impossible or only possible at disproportionate cost due to circumstances beyond our control (e.g. war, supply failure, force majeure), we are entitled to withdraw from the contract.

Conclusion of Contract

By submitting an order on www.heroshygiene.ch, the buyer makes a legally binding offer to conclude a contract. Upon receipt of the order, the seller undertakes to deliver the order as quickly as possible. The contract is concluded when the seller accepts this offer by sending an order confirmation by email, post or fax, or by delivering the goods. The conclusion of the contract is always subject to the suspensive condition that the goods are available for delivery from the seller or one of the seller's contractual partners. In the event of non-delivery due to depleted stock, stock shortages, products no longer being available, etc., all liability is excluded. The contractual language is German. The GTC can be consulted at any time. Orders placed by the buyer can be viewed at any time after creating a customer account or information about them can be requested from the seller.

Payment

Unless otherwise agreed, invoices (only for legal entities/business customers) are payable net within 30 days of the invoice date. They are generally sent by email or, upon request, by post. If this payment deadline is not met, the buyer is in default without the need for a reminder and owes the seller default interest of 5%. Any reminder fees, debt enforcement costs, etc. will be charged in full to the customer. In the event of late payment, the seller reserves the right to make any outstanding or future deliveries only against advance payment. The seller also reserves the right to fulfil orders from new customers and special or larger orders from existing customers only against advance payment or payment on account. New customers are subject to a credit check. Set-off is only permitted against claims acknowledged in writing or established by a final and binding court decision. Payments can be made by invoice (for legal entities/business customers), Visa, MasterCard, TWINT or advance payment. The delivered goods remain the property of the seller until full payment has been made. If the customer is in default of payment of the purchase price, the seller is entitled to take possession of the goods (declaration of withdrawal from the contract). By placing an order, the customer consents to the repossession of the goods.

Prices, Delivery and Transport Conditions

1. Prices

All prices are quoted in Swiss francs (CHF) and include any applicable performance-related heavy vehicle charges (LSVA). Prices are displayed excluding value added tax (VAT) for business customers and including statutory VAT for private customers. The corresponding price display can be set in the online shop by selecting «Business customer» or «Private customer».

Heros Hygiene GmbH reserves the right to adjust prices for future orders in the event of significant changes in procurement costs, raw material prices, exchange rates or transport costs. Prices already contractually agreed remain unaffected unless otherwise agreed.

2. Shipping Costs and Delivery Area

Deliveries within Switzerland and to Liechtenstein are free of charge for orders with a net goods value of CHF 450 or more (carriage paid to the delivery address). For orders below this amount, packaging and shipping costs of CHF 13.80 net will be charged.

Shipping costs apply to standard delivery in accordance with the delivery conditions set out below. Additional services, particularly deliveries to other floors or transportation inside buildings for truck deliveries, are not included.

Deliveries to the EU can be ordered via our online shop www.heroshygiene.at, provided the requested delivery address is within the delivery area offered there.

3. Delivery Times

Delivery usually takes place within 1 to 3 working days after receipt of the order, provided the ordered items are available. Any differing approximate delivery times can be found in the respective product information in the online shop.

In exceptional circumstances, particularly force majeure, pandemics, significant supply chain disruptions or other events beyond our control, delivery times may be extended.

Where possible, we will inform our customers at an early stage of any significant delivery delays known to us.

4. Delivery Address and Choice of Shipping Method

Delivery will be made to the delivery address specified by the buyer when placing the order.

Heros Hygiene GmbH determines the appropriate shipping method at its own discretion. The choice between parcel service and truck transport depends in particular on the weight, volume, quantity and characteristics of the ordered goods.

5. Parcel Shipping

Smaller quantities of goods are generally shipped via a parcel service provider such as Swiss Post, DHL or DPD.

Delivery is carried out in accordance with the usual delivery conditions of the respective service provider. Depending on the selected delivery service and local circumstances, handover may take place at the house or apartment door, at the office address or at a designated reception point.

This requires the delivery address to be sufficiently accessible to the respective service provider.

6. Truck Deliveries and General Cargo

Larger or bulky quantities of goods, particularly palletised goods, are generally delivered by truck.

Unless expressly agreed otherwise in writing, standard delivery for truck deliveries is limited exclusively to kerbside delivery or delivery to a loading ramp accessible at ground level at the specified delivery address.

This requires that access is possible for the transport vehicle used and that unloading can be carried out safely under the given circumstances.

Further transportation inside buildings, to other floors, basements, storage rooms or offices is not part of standard delivery.

7. Deliveries to Other Floors and Additional Transport Services

If the buyer requests transportation beyond the agreed standard unloading point for a truck delivery, this constitutes a chargeable additional service.

This applies in particular to:

  • Transportation to upper or lower floors
  • Transportation to basement, storage or office rooms
  • Transportation inside buildings
  • Deliveries with difficult access conditions
  • Deliveries without a suitable goods lift, if transportation to another floor or inside the building is requested

Such additional services must be expressly agreed with Heros Hygiene GmbH before placing the order or before delivery.

These services will only be carried out by prior arrangement and on the basis of a separate quotation.

Heros Hygiene GmbH reserves the right to refuse additional transport services for logistical, staffing or safety reasons.

8. Buyer's Obligations to Cooperate

The buyer is responsible for ensuring that proper delivery and acceptance of the goods are possible during normal delivery hours.

Any special circumstances at the delivery location must be communicated without being requested when placing the order. These include in particular:

  • Restricted goods receiving hours and special delivery time slots
  • Rest days, company holidays or other closing times
  • Difficult access routes, driving restrictions or pedestrian zones
  • Missing or restricted access and unloading facilities
  • Special requirements regarding delivery or the responsible contact person
  • Missing or unsuitable goods lifts for agreed deliveries to other floors

The buyer must ensure that the personnel and facilities required to receive the goods are available.

9. Failed Deliveries and Additional Costs

If a delivery cannot be properly delivered or handed over for reasons attributable to the buyer, we reserve the right to charge the buyer for the reasonable additional costs incurred as a result.

This applies in particular if:

  • The business is closed at the agreed or communicated delivery time
  • No person authorised to receive the goods is present
  • Acceptance of goods delivered in accordance with the contract is unjustifiably refused
  • Necessary information regarding delivery times, access or local circumstances is missing or incorrect

If the buyer fails to accept goods properly delivered for reasons attributable to the buyer, the costs actually incurred, particularly for return transport, temporary storage and redelivery, may be charged to the buyer.

Only additional costs that have actually been incurred and can be substantiated will be passed on, insofar as they are attributable to the buyer.

10. Pallets and Transport Frames

Larger quantities of goods may be delivered on disposable or reusable pallets or suitable transport frames, depending on the type, quantity and characteristics of the delivery.

Disposable pallets become the responsibility of the buyer upon delivery and will not be taken back by Heros Hygiene GmbH.

Reusable pallets and transport frames remain the property of Heros Hygiene GmbH and are not part of the goods sold. They must be exchanged for equivalent pallets or frames upon delivery, unless the goods are unloaded immediately. If a direct exchange is not possible, the corresponding transport equipment must be returned no later than the next delivery.

11. Installation and Commissioning

Professional installation of our dispensers, including any necessary removal of existing dispensers and commissioning, is not part of the regular delivery.

Such services must be agreed upon and quoted separately.

Right of Return

Ordered goods may be returned within 8 days of delivery, together with the delivery note or invoice, at the buyer's expense and risk, to the following address: Heros Hygiene GmbH, Returns, Wiesgasse 1, 9444 Diepoldsau. Special orders, items that have already been used and hygiene products are excluded from returns. The goods must be complete, in their original packaging and undamaged; otherwise, the seller may make a deduction from the credit note at its discretion. A handling fee of 10% of the value of the goods will be charged for returns.

Warranty

Unless otherwise stated, the warranty period is 12 months from the invoice date. Paper products are excluded. For technical products, the warranty conditions enclosed with the respective products apply. The buyer must report obvious defects no later than 8 days after receipt of the delivery and defects discovered later as soon as possible; otherwise, the goods are deemed accepted. The defective goods must be returned with a copy of the invoice and a detailed description of the defect to the following address: Heros Hygiene GmbH. Wiesgasse 1, 9444 Diepoldsau. The resulting transport costs are borne by the buyer. In the event of a warranty claim, the seller decides whether to repair or replace the goods. The warranty excludes damage for which the buyer alone is responsible, e.g. as a result of improper handling, natural wear and tear or external influences for which the seller is not responsible.

Liability

Other claims by the buyer, regardless of their legal basis, are excluded. The seller, its assistants and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular for loss of profit or other financial losses suffered by the buyer. This exclusion does not apply to personal injury or damage caused intentionally or through gross negligence. Data Protection Customer-related data is treated confidentially and is not passed on. For quality assurance purposes, the seller expressly reserves the right to record conversations during telephone orders or complaints.

Amendments to the GTC

The seller reserves the right to amend the GTC at any time. 

Applicable Law / Place of Jurisdiction

All obligations arising from this contractual relationship are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention). The exclusive place of performance and jurisdiction is Diepoldsau.