General Terms and Conditions (GTC) of EKASTU Safety AG

1. Validity

The following general terms and conditions apply to all transactions between EKASTU Safety AG and the buyer, unless otherwise agreed in writing. By placing an order, the buyer recognises the following terms and conditions. Deviating terms and conditions of purchase of the purchaser shall only apply if they have been expressly accepted by us in writing. Unless otherwise expressly agreed in writing, neither these General Terms and Conditions nor the transactions concluded under their acceptance shall constitute a distribution contract or any other continuing obligation. We are authorised to amend or supplement the General Terms and Conditions at any time.

2. Offers and orders

Our written offers are valid for two months from the date of issue, unless a different period of validity is stated on the offer. Orders are legally binding even without a signature. A declaration by the buyer shall only be deemed to be an acceptance if it is in full agreement with our offer. Under no circumstances shall our silence in response to a counter-offer by the buyer be deemed a declaration of acceptance. We reserve the right to adjust orders that are not for a whole standard pack accordingly.

3. Prices

Our prices and any ancillary costs are based on the price lists valid at the time of the order and are quoted in Swiss francs, excluding VAT.

4. Delivery date and dispatch

If a delivery date is stated in the confirmation, it shall apply subject to the timely receipt of goods. In the event of a delay in delivery, the buyer shall neither be entitled to waive subsequent performance, nor to withdraw from the contract, nor to claim damages. Deliveries for goods worth more than CHF 200.00 (excl. VAT) are made in Liechtenstein and Switzerland without a surcharge for shipping costs. For small deliveries under CHF 200.00 (excl. VAT), a flat-rate shipping fee of CHF 9.50 (excl. VAT) will be charged. We charge a flat-rate surcharge for express deliveries.

5. Payment

Unless otherwise agreed, our invoices are payable net within 10 days of the invoice date, without any deductions. If the buyer fails to meet the payment deadline, he shall be in default without any additional reminder and we shall be entitled to charge default interest of 5%. Offsetting against any counterclaims of the buyer is excluded.

6. Inspection and acceptance of the goods

The buyer must inspect the quality and quantity of the delivered goods immediately upon receipt. Any defects or incorrect deliveries must be reported to us in writing and in detail immediately, but at the latest within 8 days of receipt of the goods (or within 8 days of becoming aware of hidden defects). In the event of late notification, the deliveries shall be deemed to have been approved and any warranty shall lapse.

7. Warranty, liability

The warranty period is a maximum of 12 months from receipt of the goods. Only proven material or manufacturing defects in the delivered goods shall be deemed defects. It is the buyer's duty to check the suitability of the goods for the intended purpose by means of his own inspection. Our specifications shall only constitute warranted characteristics if we expressly designate them as such in writing. In the event of defects reported in accordance with Clause 6, the Buyer shall receive the same goods free of defects in return for the return of the defective goods or – in the case of appliances – shall be entitled to free repair or replacement of the defective part. In the case of delivery of appliances with a guarantee certificate, the special provisions of the guarantee certificate shall apply to the manufacturer. Any further warranty claims by the buyer are excluded to the extent permitted by law. Irrespective of their legal basis, any claims by the buyer for compensation for damage not caused to the delivered goods themselves, such as loss of production, loss of use, cyber damage, loss of profits, loss of orders, business interruptions and other direct, indirect, consequential or indirect damage are excluded to the extent permitted by law. In particular, any liability for auxiliary persons of EKASTU Safety AG is completely excluded. If third parties are injured or third party property is damaged or third parties are otherwise harmed as a result of actions or omissions on the part of the purchaser and we are held liable for this, we shall have a right of recourse against the purchaser.

8. Electronic and digital communication

The buyer agrees to electronic and digital communication. The customer is aware of the associated risks (‘cyber risks’). The above provisions also apply to liability in this context.

9. Return of goods

The return of defective or incorrectly delivered goods requires, in addition to a notification in accordance with section 6, that the goods are returned complete and with the original packaging. The delivery note and a copy of the invoice must be enclosed. The shipping costs shall be borne by the buyer.

10. Applicable law and place of jurisdiction

This legal relationship is subject to Liechtenstein substantive law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of fulfilment and jurisdiction is Vaduz, Principality of Liechtenstein. However, EKASTU Safety AG is also entitled to sue the buyer before any other competent court.

11. Severability clause

If a clause of these General Terms and Conditions should be or become invalid, the remaining provisions shall remain valid. The statutory provisions shall apply in place of the invalid clause.

Cyber risks

I, in my capacity as a user of the ‘Online Store (ekastushop.li)’ platform, agree to electronic and digital communication and am aware of the associated risks (‘cyber risks’).

Mauren/Principality of Liechtenstein, 01 July 2024     07-07.24 DE, EN, FR, IT