1. Scope and information about the seller
1.1 The present ’General Terms and Conditions’ (hereinafter referred to as ’GTC’) govern the rights and obligations between GNL AG (hereinafter referred to as ’GNL’) and its customers purchasing products (hereafter referred to as ‘Products’) sold via EMS’s own web shop www.ems-technology.com (hereafter referred to as’Site’).

1.2 GNL reserves the right to modify these GTC from time to time. The GTC in force at the time the contract is concluded, i.e. the date when GNL confirms customer’s order, shall apply.

1.3 For further informations about the seller, consult the Imprint.

2. Conclusion of contract
2.1 The display of the Products and the indications of prices on the Site do not constitute legally binding offers but are only invitations to customer to submit a binding offer.

2.2 GNL does not issue acceptances of orders but only confirms the entry of the customer’s order. GNL’s actual delivery shall constitute GNL’s acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the customer, i.e. also if GNL debits customer’s credit card account indicated by the customer. GNL reserves the right to refuse customer’s offer and not to deliver the ordered Products if they are not available from GNL’s suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the web shop shall by no means be legally binding; only the Products manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to GNL shall be relevant. If GNL cannot deliver the ordered Products to the customer in accordance with customer’s order (price and Product specifications) GNL refunds received advance payments to the customer.

2.3 Unless explicitly stipulated in writing by GNL, the delivery dates indicated by GNL shall only be non-binding reference points even though they are given to the best of GNL’s knowledge. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by GNL in writing, the customer may set a period of grace of at least three weeks. After expiry of grace period, the customer may withdraw from the respective order. Further claims are excluded.

2.4 GNL shall be entitled to cancel or not to carry out respectively confirmed orders at any time, especially if GNL’s suppliers do not supply Products to GNL. The customer acknowledges in particular that the Product’s sales prices are subject to change, e.g. that prices may be increased between the date of an order and the date of delivery by GNL in which case the customer may refuse the delivery of such Products. In such instances, GNL shall repay the purchase price, if paid (also in cases where customer’s credit card account, indicated by the customer, has been debited), for the Products which have not been delivered; further claims are excluded.

2.5 Modifications of the order or cancellations required by the customer are only valid if confirmed by GNL in writing. Costs already incurred to GNL may be charged to the customer.

2.6 GNL shall be entitled to partial deliveries, and the customer accepts partial deliveries.

2.7 No warranty is being given for all technical data and information regarding the scope of delivery, i.e. GNL shall not be liable for any damage which might arise because of deviations thereof.

3. Price and terms of payment
3.1 Prices payable by customer are those in the indicated currency and in effect at the time of acceptance of the order by GNL.

3.2 Prices indicated on the webshop are including Swiss Value Added Tax, excluding (only where applicable) shipping charges and import taxes. See Shipping + Returns.

4. Payment and delivery
4.1 Methods of payment accepted by us can be found on the Site.

4.2 GNL will charge credit or debit cards upon dispatch of the Products ordered. GNL reserves the right to verify credit or debit card payments prior to acceptance. In case of default in payment, GNL shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.

4.3 The purchase price is payable on invoice purchases on the day the goods are received by the customer. If the payment is not made within 30 days of the due date, the customer will be in default. In this case, GNL reserves the right to charge the customer a reminder fee of CHF 20.00 per reminder in addition to the invoice amount. The open invoice amount (including interest on arrears and dunning fees) may be given or sold for the purpose of collection. In addition to the settlement of the invoice amount, the customer is also obliged to reimburse all costs incurred as a result of the delay in payment.

4.4 Delivery methods and expected delivery time of Products may differ per country and are clearly indicated on the Site.

4.5 Refused shipments are treated as a regular return. See Section 6.

5. Retention of title
All ordered products remain the property of GNL until payment is received in full.

6. Right of withdrawal
6.1 Customer may cancel a contract and return any delivered product to GNL for any reason within 30 days from the original invoice date.

6.2 To notify GNL about such return request and initiate the return process, Customer must follow the process as described on the returns section of the Site under Shipping + Returns.

6.3 The product must be returned to GNL in its original condition, meaning undamaged, clean and in the original packaging.

6.4 GNL does not offer free return collection service. Return shipping fees must be paid by Customer.

6.5 Once Customer has notified GNL about the wish to cancel the contract, any sum debited to GNL will be refunded as soon as possible and in any event within 30 days of receiving the ordered item(s) back in our warehouse (excluding, only where applicable; shipping charges and import taxes).

7. Goods damaged during transport
Should Customer notice that at delivery the products ordered have been damaged during transport, the employee of the carrier delivering the order should be notified and GNL’s customer service contacted under info@gnlfootwear.com. Not notifying the carrier or GNL about goods damaged during transport, would however not affect Customer’s warranty rights, however this helps GNL to raise a claim against the carrier or the transport insurance.

8. Warranty
The warranty period is 1 year and starts with the dispatch of the Product ordered by Customer. Any defect covered by the warranty shall be remedied by GNL at no charge for Customer. GNL’s warranty obligations for defective Products shall be limited to rectification or replacement of the Products. Rescission of the contract or a reduction of the purchase price are excluded. Excluded from any warranty claims are normal wear and tear and modifications of the Product.

9. Limitation of liability
GNL shall only be liable for direct damages and only if the customer can prove that GNL, its auxiliaries or third parties instructed by GNL have acted with gross negligence or with unlawful intent. In any event, GNL’s liability shall be limited to the (purchase) prices of the delivery/service in question. Further liability for damages of any kind of GNL, its auxiliaries or third parties instructed by GNL shall be excluded. In particular, Customer shall not be entitled to claim compensation for damages not caused to the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.

10. Applicable law and jurisdiction
10.1 For Consumers: Contractual relations covered by these GTC between GNL and Consumers shall be governed under local law of country of residence of Consumer. The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be the place of residence of the consumer.

10.2 For any other Customer: Contractual relations covered by these GTC between GNL and professional clients (resellers) shall be governed by Swiss law to the exclusion of international treaties, particularly the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (the Vienna Convention). The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be the one of Zurich, Switzerland. GNL shall be entitled to alternatively sue the customer at the general court of jurisdiction at his/her domicile.

11. Data protection
GNL complies with all data protection laws and will use data which could identify Customer only as set out in Data Protection.

12. Closing provisions
Should any of the provisions in the GTC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.