Electro Bag General Terms and Conditions

Version 01, 1 December 2021

We are pleased that you use products or services from the SENS Foundation based in Aarau (hereinafter referred to as “SENS”) and would like to thank you for the trust you have placed in us. Unless agreed otherwise in writing, the following General Terms and Conditions will be deemed to have been agreed between SENS and the person, company or organisation (hereinafter referred to as the “Customer”) when an Electro Bag is ordered.

1. Scope of application
The following General Terms and Conditions (GTC) apply to the “Electro Bag” service provided by SENS for the territory of Switzerland and the Principality of Liechtenstein. The legal relationship between SENS and the Customer is governed exclusively by the GTC of SENS. The GTC form an integral part of the contractual performance obligations. Any agreements deviating from the GTC must be made in writing in order to be valid.

2. Offer
The “Electro Bag” offer is aimed exclusively at Customers domiciled in Switzerland and the Principality of Liechtenstein. It is non-binding.

3. Acceptance
The contract between the Customer and SENS is only concluded through an order (offer) from the Customer and its acceptance by means of an order confirmation from SENS. The Customer’s order can only be placed online.

4. Subject matter of the contract
SENS undertakes to provide the Customer with the services promised in the contract. The Customer undertakes to accept the services and to pay the agreed price.

5. Terms and conditions of delivery
Delivery is to be made within the agreed period. This period is generally two weeks from receipt of the order. In the event of a lack of stock, delivery is to be made within the delivery period stated in the order confirmation. In the event of a delay in delivery, the Customer is not entitled to any claims for compensation. For large quantities, the delivery times are to be determined in consultation between the Customer and SENS. In the event of unforeseeable events for which SENS is not responsible, such as natural disasters, epidemics, accidents, illnesses, major operational disruptions or labour disputes, the period for the provision of services will be extended by an appropriate amount of time. SENS will inform the Customer of any delays in delivery.

6. Default
If SENS is in default, the Customer will set a reasonable deadline for subsequent performance. If SENS does not provide the service by the end of this grace period, the Customer may withdraw from the contract, subject to giving immediate notice. The Customer is not entitled to compensation in the event of a default on the part of SENS.

7. Change or cancellation of the order
Transmitted orders may only be subsequently changed or cancelled with the consent of SENS. The Customer bears the full costs of returning the Electro Bag.

8. Prices
All prices are indicated in Swiss francs (CHF), excluding value added tax. Packaging and transport costs are included in the price. The prices communicated at the time of concluding the contract are applicable. Prices are expressly subject to change without notice.

9. Transfer of risk to the Customer
As soon as SENS hands over goods for dispatch, the benefits and risks are transferred to the Customer.

10. Returns
The Customer is obligated to return the collection container (Electro Bag, Kickbag) to SENS. The Customer may return the collection container (Electro Bag, Kickbag) to SENS free of charge by Swiss Post in accordance with the instructions on the accompanying letter.

11. Warranty
The Customer is obligated to check the delivered products for completeness and correctness immediately upon receipt. Any damage, defects and/or complaints must be reported to SENS in writing immediately after they are detected, but no later than 14 days after receipt. Warranted characteristics are only those which are expressly designated as such in the order confirmation. The warranty and liability provisions do not extend to damage that cannot be proven to have been caused by poor material, faulty design or defective workmanship, for example which may be caused by improper use, natural wear and tear, defective maintenance, environmental influences, etc. No exchanges, price reductions or compensation will be given for direct, indirect or secondary damage.

12. Ownership
As soon as Swiss Post reads the individual barcode of the deposited Electro Bag/Kickbag, ownership of the electrical appliance/material and all claims are transferred to SENS. The collection container (Electro Bag/Kickbag) remains the property of SENS at all times.

13. Liability
The liability of SENS and its vicarious agents towards the Customer is limited to the contractual obligations set out in these provisions. In all cases, the liability of SENS is limited to intent or gross negligence. Liability for minor negligence is excluded in full.

In particular, SENS and its vicarious agents must not be held liable for lost profits, indirect or consequential damage, loss of or damage to data, or third-party claims. Furthermore, no liability will be assumed for any delays, regardless of the cause, in the collection and delivery of the goods.

The Customer will be liable for their own errors and omissions, in particular for all consequences and additional expenses resulting (i) from packaging that does not meet the requirements of transport, or (ii) in relation to the goods themselves, in particular for goods that are not accepted at all or only under special conditions due to their properties, or whose handling is subject to special regulations. (iii) The Customer is also liable for any damage resulting from disposal.

14. Applicable law and place of jurisdiction
The legal relationship is governed exclusively by Swiss law. The exclusive place of jurisdiction is Aarau.