General Terms and Conditions

1. Scope of application

These General Terms and Conditions (GTC) apply to all orders, agreements, contracts and deliveries of Black Eyes (CoolStar AG) and their Customers. With the order and by accepting the delivery or service, the Customer confirms to have read and understood these GTC and he/she declares to agree with their contents. Delivery, services and quotations by Black Eyes (CoolStar AG) are made exclusively based on these Terms and Conditions even if they have not been explicitly agreed upon. The inclusion of the Customer’s own conditions is herewith objected to. Deviations from these General Terms and Conditions are only effective if confirmed in writing by Black Eyes.

2. Quotations and Conclusion of the contract

Quotations made by Black Eyes (CoolStar AG) in price lists and advertisements are subject to change and non-binding. All orders placed at Black Eyes (CoolStar AG) are binding. Indications made in our sales documents (drawings, figures, dimensions, weight and services) should be considered as approximate values only and do not assure any properties or guarantees except if explicitly declared as binding in writing. If a Customer exceeds his/her credit limit, we are released from our delivery obligation. Black Eyes (CoolStar AG) reserves the right to make changes and modifications to the design and to replace materials by equivalent materials unless otherwise agreed in the order confirmation.

3. Prices

The prices indicated in the order confirmation are binding. For goods on stock, the prices are fixed at the time of the order. Prices indicated in the catalogs, on the Black Eyes (CoolStar AG) websites or in non-binding offers are subject to change. In case of supply shortages or procurements, the market price on the day of the order shall apply. If not otherwise agreed, prices include value added tax but exclude shipping and delivery. All retention, withholding or reduction of payments on account of complaints, missing parts, future credits or counterclaims not recognized by Black Eyes (CoolStar AG) are excluded. Counterclaims can only be presented if they are undisputed or if they have been confirmed by a court of law or by Black Eyes (CoolStar AG).

4. Shipment and delivery

The table below informs you on delivery times for foreign countries that have to be added to the delivery times indicated at a specific product. If you order several products with different delivery times at once, we will deliver them in one consignment if not otherwise agreed. In this case, the product with the longest delivery time will determine the delivery time of all the products in the order. Information on calculating the delivery time / delivery areas If payment in advance has been selected, the delivery period starts the day after the payment order has been made. For all other payment types, the delivery period starts on the day after the contract has been concluded and ends on the last day of this deadline. If the last day of the deadline is a Sunday or a public holiday at the place of destination, delivery shall be made on the following working day. Country – Country code – Additional delivery period (in days) Belgium – BE – 5 Bulgaria – BG – 7 Denmark – DK – 5 Estonia – EE – 7 Finland – FI – 6 France – FR – 5 Greece – GR – 5 Great Britain – GB – 5 Ireland – IE – 5 Italy – IT – 5 Canada – CA – 9 Latvia – LV – 5 Lichtenstein – LI – 2 Lithuania – LT – 6 Luxembourg – LU – 5 Monaco – MC – 5 Netherlands – NL – 5 Norway – NO – 5 Austria – AT – 2 Poland – PL – 5 Portugal – PT – 6 Romania – RO – 7 Sweden – SE – 5 Slovakia – SK – 5 Slovenia – SI – 5 Spain – ES – 5 Czech Republic – CZ – 5 Hungary – HU – 5 USA – US – 9 Cyprus – CY – 7 The delivery periods indicated by Black Eyes (CoolStar AG) are subject to the proviso of correct and on-time delivery from Black Eyes’ suppliers. Black Eyes (CoolStar AG) shall not be held responsible for any delays in delivery due to force majeure or to events which cannot be controlled by Black Eyes (CoolStar AG).

5. Default of acceptance

If the Customer refuses after expiry of a grace period to accept the delivered goods, Black Eyes (CoolStar AG) shall be entitled to refuse fulfillment of the contract and to demand compensation for non-performance. Black Eyes (CoolStar AG) is entitled to claim as compensation either a flat rate of 30% of the agreed purchase price or reimbursement for the effectively resulting damage.
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6. Shipment

If not otherwise agreed, the goods shall be delivered by mail to the address indicated by the Customer in the order confirmation. Apparent differences in quantity must be immediately notified in writing when receiving the goods, hidden differences in quantity within 4 days after receipt of the goods to Black Eyes (CoolStar AG) and the carrier. Any complaints concerning damage, delay, loss or faulty packaging are to be reported immediately after receiving the goods.

7. Transfer of risks

The risk is transferred to the customer at the moment the products are handed over to the carrier. If delivery is delayed or impossible for reasons beyond our control, the risk is transferred to the customer with the notification that the items are ready to ship. Any agreement under which Black Eyes (CoolStar AG) bears the shipping costs shall not affect the transfer of risk.

8. Warranty

The warranty in accordance with the following provisions is 2 years, unless explicitly agreed otherwise in writing.
The warranty period starts on the day of delivery. Warranty shall not apply for damages due to force majeure. Minor deviations from assured characteristics of the product shall not give rise to warranty claims. In case of justified warranty claims due to defects in material or workmanship, we will at our discretion repair the affected products or supply replacements. We will not bear additional costs associated with the replacement or provide any compensation whatsoever. We will not bear replacement or freight costs. No warranty services are performed on location, except otherwise agreed on in writing. Warranty claims against Black Eyes (CoolStar AG) can only be made by the actual Customer and these rights cannot be transferred.

9. Returns

The Customer shall bear the costs of returning the products. By replacing the goods, the original warranty period is not extended. Warranty does only apply to replacement of damaged products. If products are returned, 20% of the purchase price are charged. If the Customer revokes the contract, we shall refund all payments received from the Customer, including delivery costs (with the exception of the additional costs arising from the fact that the Customer chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within fifteen days of the date on which we received the notice of revocation of the contract. We will effect this repayment by the same payment type that has been used by the Customer for payment of the order, except if otherwise agreed; on no account will we charge any fees for this repayment. We can refuse this repayment until the products have been returned to us or until the Customer provides proof to having returned the products. The Customer has to return the products immediately and no later than within fifteen days from the date on which we received the notice of revocation of the contract.

10. Retention of title

Until full payment has been received, the products remain the property of Black Eyes (CoolStar AG).

11. Payment

Invoices can be paid in advance or in cash upon collecting the goods. Deliveries are made if you pay by credit card (Master Card, Visa Card), PostFinance Card or PayPal.

12. Limitation of liability

Indemnity claims arising from the impossibility of performance, default in performance of contract, default during the conclusion of the contract and claims in tort are excluded referring both to Black Eyes (CoolStar AG) as well as in the relation to the support of completion and performance, except if there is the existence of acting deliberately or wantonly negligent. Consequential damages that result from any use of the products are excluded from liability.

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14. Privacy Policy

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15. Place of jurisdiction

Sursee in Switzerland and Konstanz in Germany are exclusive places of jurisdiction for all disputes arising directly or indirectly from the contract.
The legal relationship between the parties is subject to Swiss or German law.

16. Language

If these GTC are available in several languages, the German version shall prevail. Hildisrieden, 21 December 2014