Section 1 Area of application and scope
These General Terms and Conditions (hereinafter ‘T&C’) regulate the contractual relations between amplay AG (hereinafter ‘amplay’) and its customers. On concluding a contract (e.g. by placing an order), the customer accepts these T&C in full and without restriction as the basis for the legal relations between amplay and the customer. Changes and additions are only valid if they have been confirmed in writing by amplay.
The customer’s General Conditions of Purchase do not apply to amplay sales, even if the customer indicates that it only wishes to place an order subject to these. The customer’s Terms and Conditions of any kind (in particular but not exclusively Delivery Terms, T&C, Payment Terms etc.) that contradict these T&C are completely non-binding irrespective of whether, when and in what manner amplay has been notified of them.
Section 2 Contract conclusion
On concluding a contract, the customer expressly accepts the amplay T&C as an integral part of the contract.
All information about products and prices within the scope of the order process is non-binding. The right to make technical modifications and changes to the shape, colour and/or weight is reserved within reasonable limits.
On placing an order, the customer indicates a binding intent to purchase the ordered product. The electronic receipt of the customer’s order shall be acknowledged without delay. This order acknowledgement does not yet represent a binding acceptance of the order. The contract shall be concluded when amplay accepts the contractual offer made through placement of the order by means of a written order confirmation. The order confirmation contains the key details about the order.
Section 3 Delivery terms
Shipping occurs at the recipient’s cost and risk (Article 185, paragraph 2 of the Swiss Code of Obligations (OR)).
- A delivery charge of CHF 15 (excl. VAT) applies up to a net order value of CHF 400. In the case of express and cash-on-delivery shipments as well as special shipping or service requirements, postal and freight-charge differences as well as additional expenditure may be charged.
- No delivery charge applies to orders with a net value of CHF 400 or above (free delivery). In the case of express and cash-on-delivery shipments as well as special shipping or service requirements, postal and freight-charge differences as well as additional expenditure can be charged.
Unless otherwise specified in the order, amplay reserves the right to make complete or partial deliveries at its own discretion. Any subsequent deliveries shall be made free of charge.
The delivery dates specified by amplay are non-binding. Unless otherwise agreed, providing the products are available, they are generally dispatched within two working days.
amplay specifies the haulage company and shipping method. Customer wishes are considered where possible providing they are made known in good time. The customer shall be fully liable for any resultant costs.
The products delivered remain the property of amplay until payment has been made in full. amplay is entitled to register its retention of ownership in the relevant retention of ownership register.
Section 4 Terms of payment
Initial deliveries occur on a prepayment or cash-on-delivery basis. Even after this, amplay is entitled at any time to stipulate that prepayment is required for future deliveries.
The customer must pay the purchase price within 10 days of the invoice date. Upon expiration of the payment period, the customer shall be automatically in default without any reminder or extended payment period. Default interest of 5% p.a. shall apply (Art. 104 OR). In the event of the customer being in default, amplay furthermore has the right to suspend even deliveries that have already been confirmed.
Only the receipt of the full invoice amount by amplay shall be recognised as legally sufficient payment. This also applies in the case of counterclaims (e.g. in the event of alleged defects/shortcomings). The customer waives any right to withhold the purchase price, in full or in part, or to offset it against its own claim against amplay.
If a customer’s creditworthiness deteriorates, amplay has the right to rescind from the purchase agreement or to demand the immediate surrender of the delivered products without any compensation.
amplay is entitled to offset the customer’s credit balances or counterclaims against amplay with its own claims against the customer without any further agreement.
Section 5 Complaints and returns
Complaints are reports of deliveries with shortcomings (incorrect quantity, wrong product, damage etc.).
The customer must inspect the products and/or services delivered immediately upon receipt in order to verify completeness and detect any defects. Any complaints must be made in writing within five days of the delivery being received or the services being provided. Otherwise, the customer acknowledges that the delivery or service was provided in accordance with the contract and that the products and/or services were in perfect condition at the time of the inspection.
The following information must be provided with all complaints:
- Order date;
- Complaint date;
- Delivery number or invoice number;
- Product number;
- Quantity ;
- Reason for the complaint.
amplay expressly reserves the right to instruct the customer to destroy the product at its own cost. If amplay wishes to replace the product, the customer must return the product subject to the complaint to amplay at its own cost. amplay shall be entitled to stipulate that the product must be returned before it makes a decision on how to proceed. Returns for which no or insufficient postage has been paid shall not be accepted.
Deliveries subject to complaints shall be replaced where possible. amplay reserves the right to only replace the part of the product subject to the complaint. amplay furthermore expressly reserves the right to repair the product and/or reduce the price. Any reduction shall generally occur in the form of a credit note for the next order. The customer does not have any entitlement to a cash payment.
Section 6 Warranty and liability
amplay shall solely be liable for defects as established in Section 5 of these T&C. Any further or deviating warranty entitlement is excluded. amplay shall only be liable for damage that arises for the customer as a result of wilful or grossly negligent behaviour. Any further liability is excluded.
The liability for immediate damage, consequential damage, indirect damage or lost profit is excluded.
In the event of transport damage, the customer must contact the postal service, DPD or the haulage company.
Technical modifications may be made to products at any time and print errors, price errors and different delivery options are possible; these shall not be regarded as shortcomings.
We do not accept liability for any damage that can occur during play. The amplay products fulfil the safety standards for the toy industry.
Section 7 Safety and data security
The customer agrees to amplay collecting, storing and processing its data in order to perform the contract and ensure correct execution as well as for its own marketing purposes and for market research.
Section 8 Final provisions
amplay reserves the right to amend the T&C at any time. Orders are subject to the T&C version valid at the time of their placement. The electronic version of these T&C is the only valid version. Printouts are for information purposes only. The user must check whether printouts are up to date. The latest version can be accessed at www.amplay.ch.
All legal transactions between amplay and its customers are solely subject to Swiss law under the exclusion of the conflict of law principles and international agreements such as the UN Convention on Contracts for the International Sale of Goods. The ordinary courts in the location of the amplay registered office shall have jurisdiction. amplay expressly reserves the right to also take legal action at any court responsible for the customer.
© 2019 amplay AG
The electronic version of these T&C is the only valid version. The user must check whether printouts are up to date.