SNV

General Terms and Conditions

1.     Scope
1.1    The Swiss Association for Standardization (SNV) and SNV shop (hereinafter jointly referred to as SNV) are active predominantly in the field of standards and standardization. SNV distributes standards and related products, specialist books and teaching material as well as other publications in the form of hardcopy, data storage devices (CD-ROMs) and electronic files. Furthermore, SNV provides standards-related online services such as electronic access to (standards) databases as well as supervision and monitoring of activities. SNV also conducts seminars and further training in the field of standards, and offers secretariat management on behalf of standardization committees.


1.2    Unless other agreements are made in writing, the present GTCs apply to all delivery and service contracts between SNV and its clients. By ordering goods and services from SNV in writing or electronically, or concluding a specific contract with SNV, clients automatically recognise the binding nature of the current version of the GTCs as presented on SNV’s websites (www.snv.ch; www.mysnv.ch). SNV is entitled to add to, or amend, its GTCs at any time.

1.3    In case of any discrepancy between specific written agreements and the provisions of the present GTCs, specific agreements shall prevail.


2.    Prices and payment terms
2.1    Unless explicitly agreed otherwise in writing, the prices for goods and services currently published on SNV’s websites shall apply.

2.2     All prices are ex SNV’s Swiss warehouse; excluding VAT; strictly net – no discounts or other deductions. Forwarding and packaging expenses to be borne by clients. Such expenses will be itemised on the invoice and become due for payment together with purchase prices.

2.3    SNV is entitled to change the prices of its goods and services at any time. New prices apply as soon as they appear on SNV’s websites.

2.4    Written or electronic placement of orders of goods and services on the terms offered constitutes the legally binding conclusion of the contract between a client and SNV, subject to availability.

2.5    When products and/or services are ordered against invoice, the amounts charged become due for payment upon delivery of the invoice, unless agreed otherwise in writing. Payments are to be made within 30 days of delivery of an invoice. In case of arrears, clients are to bear SNV’s dunning expenses plus interest on arrears of 6% p.a. and any further cost of debt collection and legal enforcement.

2.6    Any netting of client receivables from SNV against SNV’s prices for its goods and services is excluded.

3.    Terms of delivery
3.1    Explicitly subject to availability, any goods ordered from SNV will be handed over to a forwarder within seven days of an order arriving at SNV’s Swiss warehouse. In case of delayed handover of goods to a forwarder, the client is to grant SNV a supplementary period of seven days’ time.
If the goods are handed over within neither the regular nor the supplementary period of time, the client is entitled to withdraw from the purchase contract. SNV may not be held liable for delivery periods of forwarders.

4.    Benefit and risk
The benefit and risk related to goods ordered is transferred to the client as soon as the goods  SNV’s warehouse and been put in the hands of a forwarder. SNV may not be held liable for any damage in transit.

5.    Inspection and notice of defects, returns
5.1    Clients enjoy cancellation and returns privileges pursuant to paragraphs 7 and 8 with regard to any goods ordered electronically (e-commerce).


5.2     Clients are obliged to inspect the goods purchased upon delivery and to notify SNV in writing of any deficiencies or defects within eight days of arrival of the goods. Any goods delivered will be deemed as approved once the eight-day period has elapsed.

5.3    SNV will not take back any goods delivered. This applies specifically to technical regulations (such as SNSN
Swiss Standard
standards, ISOISO
International Organization for Standardization
standards etc.), books and other publications as well as electronic products. Should SNV, upon request from a client and by way of exception, be willing to take back goods delivered, the client is to pay a lump sum of 20% of the amount charged and no less than CHF 30.00.

6.    Cancellation policy with regard to e-commerce transactions
6.1    Cancellation privilege: You may revoke your contractual declaration in writing (e.g. by letter, fax or e-mail) within a fortnight, without specifying any reasons, or by returning any goods handed over to you before expiry of this period. The period of a fortnight begins as soon as a written document specifying this policy has been delivered, but not before the buyer has received the goods (or the first part of a delivery in case of recurrent deliveries of goods of the same type), nor before we have fulfilled our duties to provide information pursuant to art. 246 § 2 as combined with § 1 sections 1 and 2 EGBGB  as well as our duties pursuant to § 312 e section 1 sentence 1 BGB  as combined with art. 246 § 3 EGBGB. Dispatch in due time of a cancellation note or the goods in question shall suffice to comply with the period of cancellation. Cancellation notes are to be sent to: SNV shop, Bürglistrasse 29, 8400 Winterthur, Switzerland.

6.2     Implications of cancellation: In case of an effective cancellation, the services received by both parties as well as any benefits drawn (e.g. interest) are to be returned. Should you be completely or partly unable to return the services received, or able to return them in a deteriorated state only, you may be liable to pay adequate compensation to us. These implications do not apply in the case of a transfer of goods provided that the deterioration of the goods is exclusively due to the inspection, as you could have performed it in a shop. You may avoid the duty to pay compensation for deterioration caused by appropriate use of the goods by making use of the goods as if they were not your property, omitting everything that would jeopardise the value of the goods. Any goods that can be sent as parcels are to be returned at our expense and risk. Goods impossible to send as parcels will be picked up at your premises. Any obligations to reimburse payments are to be fulfilled within 30 days. For you, this period begins with the dispatch of your cancellation note or the goods in question, while it begins for us with the arrival of your note or goods.

7.     Returns policy with regard to e-commerce transactions
7.1    Returns privilege: You may return the goods received within a fortnight, without specifying any reasons, by sending the goods back. The period of a fortnight begins as soon as a written document (e.g. letter, fax or e-mail) specifying this policy has been delivered, but not before the buyer has received the goods (or the first part of a delivery in case of recurrent deliveries of goods of the same type), nor before we have fulfilled our duties to provide information pursuant to art. 246 § 2 as combined with § 1 sections 1 and 2 EGBGB as well as our duties pursuant to § 312 e section 1 sentence 1 BGB as combined with art. 246 § 3 EGBGB. You may request that we take back goods you wish to return only if the goods cannot be sent as parcels (such as bulky goods). Such a request is to be made in writing. Dispatch in due time of the goods or a take-back request shall suffice to comply with the period specified. Returns or take-back requests are to be sent to: SNV shop, Bürglistrasse 29, 8400 Winterthur, Switzerland.
 
7.2    Implications of returns: In case of effective returns, the services received by both parties as well as any benefits drawn (e.g. benefits of use) are to be returned. In case of deterioration of the goods in question, payment of compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to the inspection, as you could have performed it in a shop. You may avoid the duty to pay compensation for deterioration caused by appropriate use of the goods by making use of the goods as if they were not your property, omitting everything that would jeopardise the value of the goods. Any obligations to reimburse payments are to be fulfilled within 30 days. For you, this period begins with the dispatch of your take-back request or the goods in question, while it begins for us with the arrival of your request or goods.

8.    Liability
8.1    SNV may not be held liable for the content of the products it distributes. Use of SNV’s goods and services by clients is made exclusively at the clients’ risk. In particular, SNV may not be held liable for direct or indirect damage clients may suffer as a result of making available personal data or other information on the Internet, or due to technical problems, server failures, loss of data, transmission errors or similar reasons.

8.2    Generally, SNV’s liability with respect to the goods and services it provides shall be limited to unlawful intent and gross negligence pursuant to art. 100 section 1 OR (Swiss code of obligations).

9.     Copyright and Right of Usage
The standards and related products marketed by SNV as well as SNV’s websites are protected by copyright. SNV clients shall accept and respect the intellectual property of SNV and of third parties. Copyrights held by SNV and of third parties remain in force upon a purchase of standards and related products. By the purchase the client acquires only a limited right of use to the products purchased.

The buyer of standards and related products shall be entitled:

to use and exploit the purchased standards and related products as intended, and to download and print standards and related products purchased electronically;

to copy and to make available purchased standards and related products for internal information and documentation within the scope of personal use in a private setting among next of kin and close friends as governed by law , in the capacity of a teacher for the purpose of lessons in class, or as works copies in businesses, public agencies, institutes, etc.


By the purchase of standards and related products, the buyer shall not acquire any further rights of usage, copying or distribution.

Specifically buyers shall not be entitled:

to modify, edit, redesign or translate purchased standards or related products in any way without explicit approval by SNV in writing;

to copy and/or make available to third parties standards and related products purchased in any way going beyond the scope of personal use, without explicit approval by SNV in writing;

to publish standards and related products purchased, e.g. through the Internet, or make them available internally through Intranet, to distribute them by e-mail or to make them available to third parties in any other electronic way, without explicit approval by SNV in writing;

to produce excerpts from standards and related products and to make them available to third parties without explicit approval by SNV in writing.

SNV reserves the right to prosecute under civil or criminal law anyone violating its copyrights or making improper use of its products.

Requests with regard to copying/usage to be addressed to: shop@snv.ch

10.     Data privacy
Any personal client data transmitted is subject to the current version of DSG, the Swiss law on data privacy. SNV will gather and save personal client data to the extent required to complete its business transactions. SNV will not make use of personal client data for any further or other purposes without the explicit consent of the client. SNV will pass personal client data on to third parties only if required to perform and process the specific legal transaction. With regard to data transmission, SNV operates in according to the SSL security standard.

11.    Place of performance
The place of performance for any legal transactions subject to the present GTCs shall be SNV’s headquarters at Bürglistrasse 29 in 8400 Winterthur, Switzerland.

12.    Applicable law
The present GTCs and any legal transactions carried out on the basis of them shall be subject to substantive Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.    Legal venue
Any litigation with regard to the present GTCs and any legal transactions carried out on the basis of them shall be under the exclusive jurisdiction of the ordinary courts of law of 8400 Winterthur, Switzerland.

May 2012