5.2 Consequences of Withdrawal
If the customer withdraws from a contract, EMU Electronic AG must refund all payments received from the customer for this transaction - excluding delivery costs - immediately and no later than fourteen days from the day on which the notification of the contract withdrawal was received. For this refund, EMU Electronic AG will use the same payment method used by the customer in the original transaction, unless expressly agreed otherwise. In no case will fees be charged for this refund. EMU Electronic AG can refuse the refund until they have received the goods back or the customer has provided proof that the goods have been sent back, whichever is earlier.
The customer must send back or hand over the goods to EMU Electronic AG immediately and in any case no later than fourteen days from the day on which they notified EMU Electronic AG of the contract withdrawal. The deadline is met if the customer sends the goods before the fourteen-day period has expired. The costs of returning the goods are borne by the sender.
The customer must only pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties, and functioning of the goods.
5.3 Voluntary Return Policy
In addition to the statutory right of withdrawal, EMU Electronic AG grants a voluntary return policy of a total of 30 days from receipt of the goods. This voluntary return policy does not limit the customer's statutory rights in any way, including, in particular, the right of withdrawal as described above. For the return of goods under this voluntary return policy, the return guidelines of EMU Electronic AG apply.
6. Deadlines and Dates
6.1 Delivery Dates
With the order or order confirmation, the customer is informed of a provisional delivery date, or the customer is contacted to agree on an individual delivery date. EMU Electronic AG places great importance on providing accurate and up-to-date information on availability and delivery times in the online shop. However, due to production or delivery bottlenecks, delivery delays may occur. All information on availability and delivery time is therefore not binding or guaranteed delivery dates unless explicitly stated as a binding date in the shipping options of the respective product.
For written or verbal orders by the customer, a delivery date agreed verbally or in the order confirmation applies.
EMU Electronic AG is entitled to make partial deliveries.
The occurrence of any delivery delay is determined according to legal provisions, whereby a reminder by the customer is required in any case.
6.2 Time of Delivery
Information on delivery and performance dates is non-binding unless it has been explicitly designated as binding by EMU Electronic AG in writing. EMU Electronic AG is entitled to make partial deliveries. EMU software is delivered according to a separate agreement.
6.3 Cancellation of Appointments for Important Reasons
Due to reasons of force majeure, such as accidents and illness, flight delays, natural events, riots, epidemics, significant operational disruptions, raw material shortages, labor disputes, delayed or incorrect supplies, as well as official measures and orders - which make it unreasonable for EMU Electronic AG to fulfill the contract - EMU Electronic AG has the right to cancel appointments. Only the services already provided will be charged. All services not provided will not be charged by EMU Electronic AG.
6.4 Cancellation of Appointments by the Customer / Cancellation Fees
Bindingly agreed appointments for an agreed service can be canceled by the customer by post, fax, or email up to 14 days before the scheduled date without any cost.
For later cancellations, the following cancellation fees apply:
- 13-4 days before the agreed date: 60% of the agreed fee
- 3-0 days before the agreed date: 80% of the agreed fee
Already booked and non-cancellable expenses such as flights, hotels, etc. will be charged at 100%.
6.5 Deadlines
Delivery and performance deadlines are extended by the period during which the customer is in default of payment. Also, by the period during which EMU Electronic AG is hindered from delivering or performing due to circumstances beyond its control, as well as by an appropriate startup time after the hindrance has ended. These circumstances also include force majeure and operational disruptions for which EMU Electronic AG is not responsible. Deadlines are also extended by the period during which the customer does not provide a cooperation service owed by him, e.g., does not provide essential information for the execution of the contract, does not provide EMU Electronic AG with the access required for contract execution, does not deliver an item required by EMU Electronic AG for contract execution, or does not provide its own employees to a reasonable extent.
If the contracting parties subsequently agree on other or additional services that affect agreed deadlines, these deadlines are extended by an appropriate period.
A grace period set for EMU must be reasonable. A grace period of less than two weeks is only valid if it has been accepted in writing by EMU Electronic AG.
6.6 Customer Default
If the customer is in default of acceptance or culpably violates other cooperation obligations, EMU Electronic AG is entitled to demand 50% of the agreed price without deductions as a lump-sum minimum compensation, provided the customer does not prove that no damage or not in the amount of the lump sum has been incurred. Further claims by EMU Electronic AG remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time when he is in default of acceptance or debtor.
7. Delivery, Shipping
For products and services from EMU Electronic AG ordered through the online shop, all delivery and pickup options listed in the online shop are available to the customer. For order processes outside the online shop, the usual business practices of the industry apply.
The customer's delivery address must be in Switzerland or Liechtenstein and must be easily accessible by truck. If this is not the case, the customer bears any additional costs.
Parcel goods are always delivered exclusively to the front door. For freight shipments, delivery is made to the ramp. The customer must check whether the product fits through the access points (e.g., staircases, doors, etc.).
If the customer does not accept the ordered goods on the delivery date, although the delivery date was agreed or announced with reasonable notice, or if the delivery is not possible because the goods do not fit through the access points, the customer bears the costs of the unsuccessful delivery.
8. Product Images and Prices
Product images in advertisements, brochures, online shops, etc., serve for illustration purposes and are non-binding.
All sales prices published in the online shop are net prices. All other charges (in particular VAT) are listed separately. Any ordered paid additional services, such as assembly, disposal, etc., are listed separately in the shopping cart and on the invoice.
Despite the greatest efforts and control, it can happen that the prices of individual products are accidentally incorrectly displayed. EMU Electronic AG regularly checks the prices listed in the online shop. If an error in the price display is found during this check and if the actual purchase price is higher than the listed purchase price in the online shop, the customer will be informed immediately. If the contract has not yet been concluded at this time, the customer can decide whether to maintain the order at the correct purchase price or cancel the order.
The customer is advised that due to the volume and speed at which orders are processed, it cannot be ruled out that incorrect price information will only be discovered after the contract has been concluded - i.e., after a shipping confirmation has been received or after the goods have been delivered. In such cases, EMU Electronic AG remains fully entitled to contest the contract in accordance with statutory provisions.
9. Payment Terms, Retention of Title
The payment methods offered to the customer are those listed under "Payment Options" in the online shop. For order processes outside the online shop, payment is made in the manner customarily agreed upon in the industry.
Until full payment of the purchase price, the goods remain the property of EMU Electronic AG.
10. Material Defects
Material defect claims - regardless of the cause - expire 24 months after delivery. This does not apply in cases of intent or fraudulent concealment of the defect.
The customer must report recognized material defects to EMU Electronic AG without delay.
Claims for damages by the customer due to a material defect are excluded. Expenses for installation, removal, coordination, travel, planning, system maintenance, implementation, etc., are borne by the customer.
Claims for material defects do not exist in the case of insignificant deviations from the agreed quality, in the case of insignificant impairment of usability, in the case of natural wear and tear or damages that occur after delivery as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, as well as improper installation or commissioning. They also do not exist due to special external influences and in the case of non-reproducible software errors. The same applies in the event of improper opening of products, particularly with seals. If opening, modifications, or repair work is carried out by customers or third parties, all warranty, guarantee, compensation, liability, and material defect claims for these products and the resulting consequences expire immediately and automatically.
In the case of defect claims, payments by the customer may be withheld only to an extent that is reasonably proportionate to the material defects that have occurred. Such a withholding can only be made if a written defect notice has been submitted, the validity of which is beyond doubt. If the defect notice was unjustified, EMU Electronic AG is entitled to demand reimbursement from the customer for the expenses incurred.
At the choice of EMU Electronic AG, all parts or services that show a material defect within the limitation period - regardless of operating duration - and whose cause already existed at the time of delivery will be repaired, newly delivered, or newly provided free of charge. For this, EMU Electronic AG must be given the opportunity to remedy the defect within a reasonable period.
In the event of rectification, EMU Electronic AG bears the necessary labor and material costs. Distance-related expenses, such as transport and travel costs, are borne by EMU Electronic AG up to the customer's business location. If the necessary expenses for rectification increase because the delivery item was moved to a location other than the customer's business location - which entails higher expenses - the customer must bear the additional costs. EMU Electronic AG is entitled to refuse rectification if the customer does not confirm in writing the acceptance of the additional costs despite being requested to do so by EMU Electronic AG. The customer must also bear the additional costs in the event of self-performance - compensation claims are excluded. This also applies to the scope of the customer's right of recourse against EMU Electronic AG.
If rectification is carried out by replacement delivery, the customer is obliged to return the original goods to EMU Electronic AG within 30 days at the latest. The return of the defective goods must be carried out in accordance with statutory provisions. Any claims for damages are reserved by EMU Electronic AG.
The rectification of material defects reported after 24 months from delivery can be carried out by EMU Electronic AG upon the customer's request through repair. Claims arising from this service work apply only to the repaired or replaced components or assemblies and expire 12 months after acceptance. This does not apply in cases of intent, fraudulent concealment of the defect, or non-compliance with a quality guarantee.
The customer supports EMU Electronic AG in error analysis and defect removal by specifically describing the problems encountered, providing EMU Electronic AG with comprehensive and timely information, and giving EMU Electronic AG the necessary time and opportunity for defect removal. The customer will immediately grant EMU Electronic AG access to documents showing the circumstances of the defect occurrence. Before asserting claims for rectification, the customer must carefully check whether there is a defect subject to rectification. If a claimed defect is not subject to rectification (apparent defect), the customer can be charged for the verification and error rectification services provided by EMU Electronic AG at the respective valid remuneration rates of EMU Electronic AG plus incurred expenses, unless the customer could not have recognized the apparent defect even with due care.
11. Warranty, Repair, and Limitation of Liability
The customer is entitled to the statutory warranty rights.
If products of EMU Electronic AG are opened or modified by customers or third parties, or if presumed repair work is carried out, all warranty, guarantee, damage compensation, liability, and material defect claims for these products immediately and automatically expire.
Each return shipment to EMU Electronic AG under warranty and/or as a repair order must include a return slip and a detailed error description.
If the customer returns products to EMU Electronic AG under warranty or as a repair order without prior notice and without including a return slip/error description, EMU Electronic AG is entitled to charge the customer reasonable storage costs. If a customer does not clarify the shipment within a reasonable period, EMU Electronic AG can return the shipment to the customer at the customer's expense.
If the customer returns products to EMU Electronic AG under warranty or as a repair order, EMU Electronic AG will verify and analyze the error described at its own expense. If no error/defect in the product is found, EMU Electronic AG is entitled to charge the customer for the verification/analysis and return shipping costs. The same applies in the case of natural wear and tear of the products or for damages that occur after delivery due to incorrect or negligent handling, excessive use, unsuitable operating materials, or improper installation or commissioning.
Repairs and subsequent returns carried out after the warranty period will be charged by EMU Electronic AG according to the effort involved.
The customer's right of recourse against EMU Electronic AG exists only to the extent that the customer has not made any agreements with their buyer that go beyond the statutory defect claims and these General Terms and Conditions.
EMU Electronic AG is liable for damages resulting from an intentional or grossly negligent breach of duty by EMU Electronic AG or a legal representative or vicarious agent of EMU Electronic AG. EMU Electronic AG is also liable for negligent breaches of duty if they concern a material contractual obligation - an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely. Compensation for the breach of a material contractual obligation is limited to the amount of the order value.
The above limitation of liability does not apply to injuries to life, body, and health, to defects after the assumption of a guarantee for the quality of the respective product, or to fraudulently concealed defects.
In all other cases, the liability of EMU Electronic AG is excluded. To the extent that liability for EMU Electronic AG is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
Liability for damages caused by electromagnetic fields is expressly excluded.
Liability under the Product Liability Act remains unaffected.
To the extent that the customer is entitled to compensation claims under these General Terms and Conditions, such claims expire at the end of the limitation period for material defect claims, which is 24 months from delivery. The same applies to the customer's claims in connection with damage prevention measures (e.g., recall actions). For compensation claims under the Product Liability Act, the statutory limitation periods apply.
Any manufacturer warranties are subject exclusively to the manufacturer's conditions and do not establish any claims by the customer against EMU Electronic AG. This also applies if EMU Electronic AG provides support in processing warranty claims.
12. Duty to Inform
The parties shall mutually and timely inform each other of any special technical requirements as well as legal, regulatory, and other provisions at the place of destination, insofar as they are relevant for the execution and use of the products. Furthermore, the parties shall timely inform each other of any obstacles that could jeopardize the contractual fulfillment or lead to inappropriate solutions.
13. Drawings and Documents
EMU Electronic AG and its suppliers retain sole ownership and copyright to all drawings and designs. These documents are entrusted to the buyer personally and may not be made accessible to third parties or copied without written permission from EMU Electronic AG. Upon request, they must be returned to EMU Electronic AG and deleted from all data carriers. EMU Electronic AG is entitled to demand written confirmation of such deletion.
14. Offsetting Claims
Offsetting any claims of the customer with counterclaims of EMU Electronic AG requires the prior agreement of the parties.
15. Amendments and Supplements
Amendments and supplements to these General Terms and Conditions require agreement in text form (written or by email). This formal requirement cannot be waived.
16. Confidentiality / Data Protection
The contractual parties undertake to treat all non-public information that relates to the business operations of the other party and/or the products and/or services offered by it, which become known to them through the business relationship, as business secrets.
The customer shall make entrusted business secrets of EMU Electronic AG or its suppliers accessible only to its own employees and other third parties who need access to perform their duties. The customer confirms that these persons have been informed about the need for confidentiality of the business secrets and obliges third parties to comply with this confidentiality agreement in writing if they are handed over with the consent of EMU Electronic AG.
EMU Electronic AG processes the customer’s data required for order processing in compliance with data protection regulations. EMU Electronic AG may name the customer as a reference customer. The customer has the right of withdrawal regarding the reference indication.
In principle, EMU Electronic AG does not require or process personal data. Only during maintenance work may EMU Electronic AG have access to personal data. EMU Electronic AG does not require or process personal data even in this case. The customer is responsible for complying with data protection regulations.
17. Choice of Law and Jurisdiction, Severability Clause, Leniency
The legal relationships between EMU Electronic AG and the customer are governed exclusively by substantive Swiss law. In addition, mandatory provisions of the law of the state in which the customer has their habitual residence apply when the customer concludes a purchase contract that cannot be attributed to their professional or commercial activity (consumer contract).
The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
If the customer is a merchant under Swiss commercial law, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including international disputes, is 6300 Zug, Switzerland. EMU Electronic AG is also entitled to bring an action at the customer’s general place of jurisdiction. EMU Electronic AG is neither willing nor obligated to participate in a dispute resolution procedure before consumer arbitration boards.
Any legal invalidity of individual contractual provisions does not affect the remaining part of the contract.
If these General Terms and Conditions are violated by the customer and EMU Electronic AG does not take immediate action against it, this does not constitute a waiver in any respect but at most an act of leniency. EMU Electronic AG thus remains entitled to exercise all rights against the customer in the event of a repeated violation: customary law is expressly excluded.
