Terms of service
Unless otherwise agreed in writing, the following General Terms and Conditions of Walter Mäder AG for the Etopox online shop ("GTC Etopox") shall apply to all our deliveries and services with regard to the Etopox product line or all orders processed via the Etopox online shop (www.etopox.ch; www.etopox.shop). Any terms and conditions of purchase of the customer are hereby rejected. They shall not be recognized even if we do not expressly object to them again after their receipt by us.
The goods and products which are advertised on and can be purchased from the Etopox online shop are intended for professional customers and users in Switzerland who have the appropriate expertise in handling hazardous goods and chemical materials (especially epoxy resins).
The Etopox product line is distributed exclusively via the Etopox online shop or contractual partners (distributors) authorized by Walter Mäder AG. Third parties are prohibited from commercially reselling the goods and products of the Etopox product line. The Etopox brand is protected by trademark law.
Walter Mäder AG expressly reserves the right to change these GTC at any time. The version of the GTC valid at the time of the order shall apply in each case.
1. Scope
Our deliveries and services are exclusively based on our own General Terms and Conditions for the Etopox online shop ("GTC Etopox"). The GTC Etopox apply to the processing of all transactions at Walter Mäder AG with regard to the Etopox product line via the Internet. By placing his order in the Etopox online shop, the customer accepts the Etopox GTC as part of his order. The validity of foreign terms and conditions is expressly rejected; such terms and conditions, as well as deviations from our GTC Etopox, shall only apply insofar as this has been confirmed by us in writing. For customers who are aware of our GTC Etopox, these shall apply to all future orders; a renewed notification is not required.
Our order confirmations are exclusively authoritative for our deliveries. These are to be checked by the customer upon receipt and compared with the orders. Any complaints must be reported to us immediately.
2. Conlusion of the contract, delivery, payment, transfer of benefit and risk
2.1 Conclusion of the contract
The descriptions of goods or online offers contained in the Etopox online shop do not constitute legally binding offers on the part of Walter Mäder AG, but serve as a basis for the submission of an order by the customer to Walter Mäder AG. With the final confirmation of his order, the customer gives us a binding offer to conclude a purchase contract. To submit a binding order the customer has to make the payment. The acceptance of the customer's order and thus the conclusion of the contract is effected by the delivery of an order confirmation via e-mail by Walter Mäder AG. The customer will receive the order confirmation after receipt of payment.
We shall be entitled not to accept an order for any reason and to refuse to confirm it. We reserve the right to change prices and assortment at any time. Furthermore, technical changes, errors and misprints are reserved. Deliveries are made only if the delivery address is in Switzerland.
The illustrations and information shown on our website or in other advertising (including product descriptions, images, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes only and are not binding; in particular, they do not constitute warranted characteristics or guarantees.
2.2 Terms of delivery
All delivery dates stated by us are non-binding. If, after confirming the order, we find that the delivery cannot be completely fulfilled because products are not in stock, we will notify the customer in writing of a new delivery date. Significant, unforeseeable circumstances such as delivery delays for any reason for which we are not responsible shall be deemed to be force majeure and shall extend the delivery period for the duration of the hindrance.
In the event of a delay in delivery, the customer shall only be entitled to withdraw from the contract after granting a reasonable period of grace. In the event of withdrawal, we shall be reimbursed for the expenses incurred up to this point in time. Under no circumstances shall there be a claim for compensation for direct or indirect damage caused by delay. Contractual penalties are not recognized.
2.3 Partial deliveries
We shall be entitled to partial deliveries insofar as this is reasonable for the customer.
2.4 Cancellation of orders by the customer
Cancellation of orders on the part of the customer is only valid if we expressly agree to it in writing. In any case, we are entitled to charge the accrued costs to the customer. Goods that are not dispatched at the customer's request after the expiry of the delivery period will be invoiced by us.
2.5 Delivery costs
Deliveries are made within Switzerland from a value of 300 CHF free domicile, up to 300 CHF a shipping fee of 7.50 CHF will be charged. As a rule, the delivery is made by truck, whereby the share for the performance-related heavy vehicle fee (HVF share) is charged in any case. Additional costs for express deliveries on behalf of the customer shall be borne by the customer.
2.6 Prices, payment
Our prices stated in the Etopox online shop are inclusive of statutory value added tax, but exclusive of HVF, VOC steering tax (steering tax on volatile organic compounds) and shipping costs (according to section 2.5), which are shown separately. Payments have to be made in the currency specified in the Etopox online shop. Orders are to be paid in advance by TWINT or credit card during the ordering process.
Payment by bank transfer, sending cash or checks is not possible. We exclude liability in case of loss.
2.7 Prohibition of assignment and set-off
The contractual partner shall not be entitled to assign or set off any counterclaims without our consent.
2.8 Packaging and returns
The goods and products purchased or advertised in the Etopox online shop are, among other things, dangerous goods, so that special legal requirements and safety regulations must be observed during transport, storage and use. It is therefore prohibited for the customer (irrespective of whether the delivery is incorrect or the goods/products are to be returned for other reasons) to return goods or products purchased via the Etopox online shop without prior consultation with the customer service of Walter Mäder AG. Goods and products purchased via the Etopox online shop must be returned in accordance with the instructions of the Walter Mäder AG customer service. The customer service of Walter Mäder AG can be reached during normal business hours via: etopox@mader-group.com.
The acceptance of returns that have not been agreed with us in advance will be refused as a matter of principle. The same applies to returns that have not been declared or have been declared incompletely in accordance with the statutory provisions.
2.9 Transfer of benefit and risk
The benefit and risk of the goods shall pass to the customer upon handover to the carrier.
3. Correct application, compliance with safety regulations, warranty and liability
3.1 Correct application, compliance with safety regulations, disclaimer
The offer in the Etopox online shop is explicitly aimed at professional customers who have the appropriate expertise in handling dangerous goods, in particular epoxy resins. The customer must comply with the information on the packaging, in the safety data sheets, technical data sheets of the products and in the application instructions, as well as with the respective current legal requirements. The customer shall independently retrieve and download the safety data sheets, technical data sheets and application instructions in the Etopox online shop for the respective product.
The customer undertakes to independently keep himself informed regarding the currently applicable legal requirements with regard to storage, safety, use and transport and to strictly comply with them.
Any liability of Walter Mäder AG for damages or losses which occur as a result of improper use, storage or transport to the customer, to third parties or to the goods and products is excluded to the extent permitted by law.
3.2 Defects
Our liability is limited to the quality of our goods according to our technical data sheets. We do not warrant the suitability of our goods for the customer's intended use. The work, coatings and components carried out with the material are the responsibility of the customer, as we as a supplier have no influence on proper, professional application.
Any liability for consulting is excluded, unless the consulting service is expressly agreed in writing and compensated separately. Any recommendations or suggestions made by our application engineering advisory service are given to the best of our knowledge based on practical experience. However, they are not binding and do not exempt the customer from his own trials and tests.
3.3 Notice of defects
Immediately upon receipt of the goods and prior to their use, the customer shall check whether the condition of the packaging, the quality of the goods and the quantity are in accordance with the contract. Defects which are immediately apparent upon proper inspection must be notified in writing to Walter Mäder AG, Industriestrasse 1, 8956 Killwangen or by e-mail to etopox@mader-group.com before the goods are used or mixed and no later than 8 days after receipt. Hidden defects must be claimed in writing within 8 days after discovery to Walter Mäder AG, Industriestrasse 1, 8956 Killwangen or by e-mail to etopox@mader-group.com. Failure to comply with these deadlines for giving notice of defects shall result in the forfeiture of all claims of the customer. Any notices of defects shall not release the customer from compliance with our terms of payment.
3.4 Warranty
In case of timely raised and justified notices of defect, we are entitled to remedy the defect or to make a replacement delivery at our discretion. Insofar as we are neither willing nor able to remedy the defect or make a replacement delivery, or if the remedy of the defect or replacement delivery is delayed beyond a reasonable period for reasons for which we are responsible, the customer shall be entitled to rescind the contract or reduce the purchase price within the framework of the statutory requirements. Our liability is in any case limited to the purchase price of the defective part of the delivery.
3.5 Exclusion of further liability
All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in section 3. Namely, all claims for damages, reduction, cancellation of the contract or withdrawal from the contract not mentioned are excluded. Under no circumstances shall the customer be entitled to claim compensation for damages that have not occurred to the delivery item itself, such as loss of production, loss of use, loss of orders, loss of profit and other direct or indirect damages and, in general, consequential damages to the customer or third parties. The customer waives any right of recourse against us for claims asserted against him.
Liability for auxiliary persons and vicarious agents is excluded.
4. Retention of title
All goods delivered by us shall remain our property until all our claims against the customer arising from the business relationship, including claims arising in the future, have been satisfied. This shall also apply if payments are made by the customer on specific receivables.
The customer is obliged to cooperate in measures required to protect our property. In particular, upon conclusion of the contract, the customer authorizes us, at the customer's expense, to enter or note the reservation of title in public registers, books or the like in accordance with the relevant national rules and to perform all formalities in this respect.
5. Place of jurisdiction, governing law, severability
The place of jurisdiction for all disputes arising from or in connection with the contractual relationship of the parties shall be the registered office of Walter Mäder AG. However, we shall also be entitled to sue the contractual partner at its registered office/place of residence or any other place of jurisdiction granted by law.
All legal relations between us and the customer shall be governed by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG).
Should individual provisions be or become invalid, this shall not affect the validity of the remaining clauses. The parties are obliged to amend the invalid provision in such a way that it corresponds or comes closest to the economic purpose of the disputed provision.
6. Privacy
By visiting the Etopox online shop and/or placing orders via the Etopox online shop, the customer acknowledges and agrees to the data protection provisions. The detailed privacy policy is available at the following link: https://etopox.shop/policies/privacy-policy
In particular, the customer expressly agrees that Walter Mäder AG may store, process and retain the data recorded in the course of the conclusion of the contract for the purpose of fulfilling the obligations arising from the purchase contract and may evaluate and use such data for marketing purposes. Furthermore, Walter Mäder AG may pass on the data necessary for the performance of the service to commissioned service and logistics partners of Walter Mäder AG or to other third parties.
7. Disclaimer
Walter Mäder AG makes every effort to ensure that the data and information in the Etopox online shop are correct, but accepts no liability for their correctness, accuracy, up-to-dateness, reliability, completeness and suitability for specific purposes; nor does it accept any liability for the constant or uninterrupted availability of the Etopox online shop, the functionalities, integrated links and further contents. Walter Mäder AG excludes liability and responsibility for any errors and/or omissions, and the consequences of the use of the information or the Etopox online shop. Liability claims against Walter Mäder AG, regarding damage of a material or immaterial nature arising from access to or use or non-use of the published information, through misuse of the connection or technical faults are excluded. Moreover, Walter Mäder AG does not assume any responsibility for external contents and websites which are referred to from the Etopox online shop or which refer to the Etopox online shop.
8. Address, contact, customer service, intellectual property
Name and registered office of the company: Walter Mäder AG, Killwangen
Commercial register company number: CHE-105.943.464
Swiss VAT number: CHE-105.943.464 MWST
Management: J. Molina, V. Pécheraux
Contact for customer inquiries: etopox@mader-group.com;
Telephone number: +41 56 417 82 22
The entire content of the Etopox online shop, such as tests, images, graphics, other files and software is protected by copyright and other laws for the protection of intellectual property. They may not be copied or modified for commercial purposes or for distribution or used on other websites. All rights reserved by Walter Mäder AG, Killwangen. Use without the express consent of Walter Mäder AG is not permitted. The prior written consent of Walter Mäder AG is required for the placement of a hypertext link referring to the Etopox online shop or the websites www.etopox.ch; www.etopox.shop.
Killwangen, March 2022