1.1. The SNV Swiss Association for Standardization and the SNV shop (hereinafter collectively referred to as the “SNV”) are primarily active in the fields of standards and standardization. The SNV distributes standards and related products, reference books, teaching materials and other publications in hard copy, on CD-ROM and in electronic form. Furthermore, the SNV provides online services related to standardization, such as electronic access to databases, including databases of standards, and supervisory and monitoring services in the field of standardization. The SNV also conducts seminars and further training courses in the field of standardization, and offers secretariat services for standards committees.
1.2. Unless otherwise agreed in writing, these General Terms and Conditions apply to all contracts for the supply of goods and services concluded between the SNV and its customers. By placing an order for goods or services in writing or electronically with the SNV or by concluding a specific contract with it, the customer recognizes the binding nature of the respective currently applicable version of the General Terms and Conditions, which are accessible on the SNV’s websites (www.snv.ch; www.mysnv.ch). The SNV may supplement or amend its General Terms and Conditions at any time.
1.3. If there are any discrepancies between specific written agreements and the provisions of these General Terms and Conditions, the specific agreements will prevail.
2. Prices and payment terms
2.1. Unless explicitly agreed otherwise in writing, the prices for goods and services currently published on the SNV’s websites apply.
2.2. All of the prices displayed are ex the SNV’s Swiss warehouse, exclusive of VAT and strictly net. No discounts or other deductions are available. The customer will bear the shipping and packaging costs. Such expenses will be itemized on the invoice and be due and payable with the purchase price.
2.3. The SNV may amend the prices of its goods and services at any time. The new prices will apply as soon as they are published on the SNV’s websites.
2.4. Provided that the goods are in stock, a legally binding contract is formed between the customer and the SNV when the customer places a written or electronic order for goods or services on the terms offered by the SNV.
2.5. Where products and/or services are purchased on a pay-after-delivery basis, invoice amounts will be due and payable upon delivery of the invoice unless the parties have agreed otherwise in writing. Payments must be made within 30 days from the receipt of the invoice. If the customer is late in paying, they must bear the expenses incurred by the SNV in sending late-payment reminder letters, debt collection and debt recovery proceedings. Interest on payment arrears will be payable at the rate of 5% per annum.
2.6. Any claims that the customer may have against the SNV may not be set off against the SNV’s claims against the customer in respect of the goods and services provided.
3. Terms of delivery
3.1. Provided that the ordered goods are in stock, the SNV will hand them over to the transport company at its Swiss warehouse within seven days from the receipt of the respective order. If the SNV’s handover of the goods to the transport company is delayed, the customer must grant the SNV a grace period of seven days.
If the SNV does not hand over the ordered goods within the grace period, the customer may rescind the contract of sale. The SNV accepts no liability for the delivery period of the transport company.
4. Benefit and risk
The benefit and the risk in respect of the goods passes to the customer at the time when the goods are made available for collection at the SNV’s warehouse and taken over by the transport company. The SNV accepts no liability for any loss or damage occurring during transport.
5. Inspection and notice of defects, returns
5.1. Where the customer has ordered the goods online (e-commerce), the rights of withdrawal and return set out in sections 7 and 8 below will apply.
5.2. The customer must examine the purchased goods immediately upon receipt and report any defects or damage to the SNV in writing no later than three days after receipt. The goods delivered will be deemed to have been accepted after the expiry of three days.
5.3. The SNV will not accept returns, except in the case of obvious defects (see section 5.2). In particular, the SNV will not accept returns of technical guidelines (e.g. Swiss SN standards, ISO standards, etc.), reference books and other publications or electronic products. If by way of exception the SNV agrees at the customer’s request to accept the return of goods that have been delivered, the customer will be required to pay a fixed fee of 20% of the invoice amount, or a minimum of CHF 30.00.
6. Information concerning the exercise of the rights of withdrawal and return in the case of
6.1. Rights of withdrawal and return: The customer has the right to withdraw from this contract within 14 days without giving any reasons by way of written notice (e.g. letter, e-mail) or – if the customer received the item(s) before the expiry of the time limit – by returning the item(s). To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning their exercise of the right of withdrawal or for the customer to simply return the item(s) before the withdrawal period has expired. The withdrawal or retrun items must be sent to SNV shop, Sulzerallee 70, P.O. Box, CH-8404 Winterthur, Switzerland, or in the case of goods that have not yet been delivered, to email@example.com.
6.2. Effects of withdrawal and return: In the case of a valid withdrawal or return, both parties must return what they have received and any benefit that they have derived from it (e.g. benefit of use). If the customer is unable to return all or some of the goods or is unable to return them in their original condition, the customer may be obliged to compensate the SNV for their loss in value. In the case of items that have been delivered, this will not apply if the only reason that the items are not in their original condition is that the customer examined them in the same way as would have been possible for the customer to examine them, for example, in a shop. Furthermore, where the items cannot be returned in their original condition although the items were used for their intended purpose, the customer can avoid any obligation to pay compensation for the loss in value of the items by refraining from treating them as their own property and refraining from taking any action which could diminish the items’ value. Items that can be shipped as packages may be returned to the SNV at the SNV’s expense and risk. Items that cannot be shipped as packages will be picked up from the customer’s premises. Obligations to refund payments must be met within 30 days. The refund period with regard to the customer will begin when the customer dispatches the notice of withdrawal or the item(s). The refund period with regard to the SNV will begin when the SNV receives the notice of withdrawal or the item(s).
7.1. The SNV accepts no liability for the content of the products distributed by it. The customer uses the goods and services provided by the SNV entirely at their own risk. In particular, the SNV accepts no liability for any direct or indirect loss or damage that the customer incurs through uploading files or other information to the Internet or due to technical problems, server outages, data loss, transmission errors and the like.
7.2. Except as otherwise provided herein, the SNV’s liability for the goods and services that it supplies will be limited to unlawful intent and gross negligence within the meaning of Article 100(1) of the Swiss Code of Obligations (Obligationenrecht – OR).
8. Copyright and rights of use
The standards and related products distributed by the SNV and the SNV’s websites are protected by copyright. The customer will recognize and respect the intellectual property of the SNV and of any third parties. The copyright of the SNV and of any third parties will also remain in effect if the standards and related products are sold. When the customer purchases these works, the customer will only acquire a restricted right of use.
The purchaser of standards and related products is entitled to the following:
- To use and deploy the purchased standards and related products for their intended purpose and
to download and print them if they were purchased online
- To privately reproduce and make the purchased standards and related products available for the
purpose of personal use as defined by law and to share them with relatives and close friends; as a
teacher, to reproduce and make them available in the classroom; and to reproduce and make
them available for internal information and documentation purposes as office copies in
businesses, public administrations offices, institutions, etc.
- The purchaser will not acquire any further rights to use, reproduce or distribute the standards
and related products upon purchasing them.
In particular, the purchaser is not permitted to do any of the following in relation to the purchased standards and related products without the SNV’s explicit written consent:
- To alter, adapt, edit or translate the purchased standards and related products in any way
- To reproduce and/or make the purchased standards and related products available to third
parties outside the scope of personal use
- To publish the purchased standards and related products on the Internet, make them available
internally on the intranet, mail them electronically or otherwise make them available to third
parties by electronic means
- To prepare extracts from the purchased standards and related products and make such extracts
available to third parties
The SNV reserves the right to pursue civil and criminal law remedies for any infringements of its copyright and for any abuse of its works.
Questions regarding the right to reproduce or use the works should be sent to: : firstname.lastname@example.org
9. Data protection
The SNV undertakes to process or have a third party process personal data that the customer has entrusted to it only insofar as this is necessary for processing business transactions. Moreover, the SNV undertakes to erase such data after the termination of the contract with the customer. The SNV will not use the customer’s personal data for any other purpose without the explicit individual consent of the customer. The customer also consents, in particular, to the SNV disclosing such data to third parties in Switzerland or abroad for processing business transactions and managing business relations between the parties. The SNV will only disclose customer personal data to third parties where this is necessary to execute and process specific legal transactions. All customer personal data transmitted are subject to the respective currently applicable version of the Swiss Federal Act on Data Protection (Bundesgesetz über den Datenschutz – DSG). The SNV uses the SSL security standard for the transfer of data.
10. Place of performance
The SNV’s registered office at Sulzerallee 70, P.O. Box, CH-8404 Winterthur, Switzerland, is the place of performance for all contracts concluded pursuant to these General Terms and Conditions.
11. Applicable law
These General Terms and Conditions and all contracts concluded pursuant to them will be governed by the substantive law of Switzerland to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12. Place of jurisdiction
In the event of any disputes arising from these General Terms and Conditions or the contracts concluded pursuant to them, both parties agree to the exclusive jurisdiction of the ordinary courts of CH-8400 Winterthur, Switzerland.