Terms & Conditions

  1. BASICS
    The following terms and conditions apply to all our deliveries to retailers and customers. The buyer or purchaser waives the enforcement of their own delivery or purchase conditions. Oral and telephone agreements are only valid if they have been confirmed in writing.
    The version of the terms and conditions in force at the time of contract conclusion shall apply. We reserve the right to amend them without prior notice if necessary.
    We are entitled at any time to cancel or not fulfill the confirmed orders, especially if the suppliers or manufacturers do not provide the products.
     
  2. CONTRACT CONCLUSION
    All information in our offers, stock lists, price lists, quotations, and webshops is non-binding. The prices and conditions in effect on the day of contract conclusion shall apply. A customer's order constitutes a binding contractual offer, and the contract becomes legally binding upon the issuance of a written order confirmation by the seller. Order confirmations from the webshop, silence, or oral confirmations in response to an order explicitly do not constitute order confirmations and are therefore not legally binding obligations.
     
  3. PRICES
    The stated dealer prices are in Euro (EUR) and exclusive of applicable value-added tax. The recommended retail prices (RRP) include the applicable value-added tax. Companies with a valid value-added tax identification number within the EU will receive the delivery without value-added tax. Companies without a valid value-added tax identification number and private customers within the EU are subject to the value-added tax determined by German law.
    For timely placed pre-orders within the deadline, there is a possibility to receive a pre-order discount. This discount is only valid during the corresponding season and is based on the specified requirements found in the order form. Please note that the pre-order discount cannot be applied retroactively to already placed orders.
    We reserve the right to make price adjustments due to changes in purchase prices, exchange rates, tariffs, and other unforeseen events. Errors as well as model and price changes are subject to change without prior notice.
     
  4. SHIPPING AND DELIVERY CONDITIONS
    Shipping costs are waived for all pre-order deliveries. For re-orders, a shipping fee of EUR 15.00 applies. Pre-order customers are exempt from shipping costs for re-orders if the minimum order value of EUR 500.00 is reached. Customers who have not placed a pre-order or do not reach the EUR 500.00 are not entitled to free delivery.
    Our deliveries are shipped via DPD Economy. The delivery takes 5-7 working days from the date of shipment.
    If the customer wishes to use a different mode of transportation, any additional costs incurred will be borne by the customer.
    Ownership and risk of the ordered goods pass to the buyer once the goods have been received or dispatched for shipping. Any transport insurance, if desired, is to be arranged by the buyer at their own expense.
    The choice of packaging is at our discretion. The packaging will be charged proportionally and will not be taken back.
    We are not liable for delays in delivery that are beyond our control, such as force majeure, traffic congestion, adverse weather conditions, unusual and unexpected detention by authorities (customs, police, etc.). Such delays do not entitle the customer to withdraw from the purchase contract or claim damages.
    Any claims for the right of withdrawal or compensation based on non-compliance with a delivery date or delivery deadline are excluded.
    All deliveries are made at the recipient's risk. The delivery times indicated by us are non-binding. We are entitled to make partial deliveries at any time.
     
  5. PAYMENT AND RETENTION OF TITLE
    Our invoices are payable within 30 days from the invoice date, net, without deduction, via SEPA or advance payment. Other payment terms require written agreement.
    All goods delivered by us remain our property until full payment has been received. We are entitled to register the retention of title in the corresponding register.
    In case of payment default, we reserve the right to withhold further deliveries and to withdraw from all contracts and obligations without prior notice. In case of payment default, charges, 6% default interest, and reminder fees will be charged. Unauthorized deductions will be billed. If the buyer's financial situation deteriorates after the conclusion of the contract or if the buyer is in arrears with payments, we are entitled either to deliver against payment of all outstanding amounts (advance payment) or to withdraw from the contract.
    The customer is obliged to handle the goods with care and to immediately notify us in the event of third-party access to our ownership rights.
     
  6. COMPLAINTS AND WARRANTY
    The buyer is obliged to carefully inspect the quality, quantity, and integrity of the goods immediately upon receipt. Within 10 days after shipping, the customer can submit a written complaint regarding any defects to us. We will replace demonstrably defective goods free of charge upon return of the faulty goods. Any further claims or compensation are expressly excluded. Rescission and reduction are excluded. Any claim against us requires the buyer to demonstrate due care in handling and proper storage of the goods.
     
  7. RETURNS
    The customer has the right to return the delivered goods within 10 days from the date of shipment, provided that the goods are unused, in their original packaging, and complete, and there are no labels/stickers on the product or packaging. Every return must be notified in writing in advance, and the customer is required to fill out our return form and include it with the return shipment.
    Sizes ordered by the customer that do not fit cannot be returned.
    In case of a return, the customer is responsible for the cost of the return shipment.
     
  8. WARRANTY PROVISIONS
    The customer must inform us in writing of any defects regarding the quantity, quality, and price of the goods within 10 days of receipt. If no such notification is made, the goods and the price shall be deemed accepted, and any warranty claims by the purchaser shall be forfeited.
    We undertake, upon timely notification and written request from the customer, to replace, free of charge and within a reasonable period of time, all parts of the delivery that are demonstrably defective or unusable due to poor materials, faulty design, or faulty execution, upon their return. To simplify the process, the returned goods are usually credited to the customer, and the replacement goods are newly invoiced.
    The following industry-standard tolerances are technically inherent and do not constitute defects:
    - Dimensional variations in cutting, punching, gluing, and welding work, material thicknesses, and weights of +/- 10%
    - Minor variations in material quality, color, and design.
    The customer is requested to provide image material of the product and defect, the purchase receipt/invoice, and a description of the problem via email for the processing of the warranty claim.
    The illustrations in catalogs and price lists, as well as the dimensions, colors, and the like, are approximate and non-binding. Further warranty claims by the customer, which go beyond the claims listed here, especially claims for compensation, reduction, termination of the contract, or withdrawal from the contract, are excluded. This exclusion does not apply in cases of intent or gross negligence on our part. Unauthorized returns of delivered goods will not be reimbursed.
     
  9. DATA PROTECTION
    We commit to complying with the legal provisions regarding data protection. We only collect, process, and use customer's personal data to the extent necessary for the establishment, execution, or termination of the contractual relationship or as required by law.
    The customer has the right to request information about the personal data stored by us, to request the correction of incorrect data, and to request the deletion of data, provided that there are no legal retention obligations.
    We implement appropriate technical and organizational measures to ensure the security and integrity of the data. However, we would like to point out that the transmission of data over the internet is generally associated with risks, and complete protection against access by third parties is not possible.
    The customer agrees that, as part of contract processing, we may disclose their personal data to third parties (e.g., transportation companies) to the extent necessary to fulfill the contract.
     
  10. PRE-ORDERS
    Customer pre-orders are binding and can only be canceled or modified with our agreement. If, for reasons beyond our control, we are unable to fulfill the pre-order, we will promptly inform the customer and refund any payments made.
     
  11. DISTRIBUTION CHANNEL
    The products delivered by us in new condition may not be resold through an internet auction platform (such as eBay, Ricardo, Tutti, etc.).
     
  12. LIABILITY
    Liability for slight negligence in the breach of contractual obligations is excluded. The same applies to breaches of contract by auxiliary persons and substitutes. In any case, our liability is limited to the (purchase) prices of the respective delivery/service. 
    Further liability for damages of any kind, caused by auxiliary persons or third parties commissioned by the customer, is excluded. In particular, the customer is not entitled to compensation for damages that did not occur to the product itself, such as production losses, loss of use, loss of orders, lost profits, or other indirect or consequential damages.
     
  13. COPYRIGHT LAW
    We hold the copyright to all images, videos, and texts published on the suplest website. The use of these images, videos, and texts is not permitted without our express written consent.
    If the customer provides their own motifs or designs as part of the order, for example, through uploads, the customer assures that these motifs and designs are free from third-party rights and do not violate applicable laws, including criminal laws, youth protection laws, and media laws. The customer explicitly guarantees that none of the motifs, designs, or associated data contain illegal, inciting, racist, glorifying violence, and/or pornographic content. The customer undertakes to indemnify us against any claims arising from a breach of these obligations, waiving any defenses, and to reimburse the necessary costs and fees incurred in any potential legal defense.
     
  14. FORCE MAJEURE
    Events of force majeure, including but not limited to acts of God, war, mobilization, fire, operational disruptions, strikes, as well as shortages of raw materials, fuels, electrical power, etc. resulting from the aforementioned events, foreign exchange restrictions, currency devaluations and revaluations, entitle us to wholly or partially withdraw from our delivery obligations, without giving rise to any claim for damages on the part of the purchaser. This also applies if the aforementioned events occur at our supplier and affect our ability to deliver.
     
  15. APPLICABLE LAW AND JURISDICTION
    The present contractual relationship is subject to Swiss law.
    The place of jurisdiction for all disputes between us and the customer is the registered office of our company in CH-3400 Burgdorf BE. We are also entitled to bring legal action at the customer's place of business.
     
  16. SEVERABILITY CLAUSE
    If any provision of these terms and conditions is found to be invalid or unenforceable, it shall not affect the validity of the remaining provisions.
    In place of the invalid or unenforceable provision, a provision shall be deemed to be in effect that is closest to the economic purpose of the invalid or unenforceable provision.

    suplest GmbH, Juni 2024