1. General, area of application
1.1 For all contracts completed during the ordering service by phone, email or via our online store www.jetex.ch (JETEX), the applicable Terms and Conditions is the version that was current at the time of placing the order. No other terms from the customer are recognized unless JETEX expressly agreed to them.
1.2 In these Terms and Conditions a consumer is defined as a natural person, in which the purpose of the order can be attributed primarily neither to a commercial nor an independent activity of the person. Entrepreneurs are natural or legal persons or partnerships with legal personality who can order for commercial, independent or freelance purposes. Customers cited in these Terms and Conditions are both consumers and entrepreneurs.
2. Orders and Contracts
2.1 Goods as presented on our online shop are subject to change and are not offers in the legal sense. By clicking the button ‘Add to cart’ the customer can drop the chosen product into the virtual shopping cart. This is a legally non-binding process and does not constitute a contractual offer. Before placing the order contents of the order, including customer data will be displayed on a summary page. The customer can modify all data with regards to the order in the assigned fields. By clicking the button "Confirm order and pay", the customer accepts the General Terms and Conditions. By clicking on the field "Confirm order and pay " the customer places a binding offer in order to conclude a purchase contract with JETEX. Upon receipt of the customer order, the customer will receive in return an automatically generated email confirming the receipt of the order and its details (confirmation of receipt). This confirmation does not constitute acceptance of the customer order. The purchase contract is only concluded once the ordered goods have been sent to the customer.
2.2 Online order data are stored in JETEX’s system. If the customer loses the order forms, a copy can be requested to JETEX by email, fax or phone.
2.3 JETEX products are mailed only to customers in Switzerland and the EU member countries.
2.4 Orders are accepted only in small quantities for private household use.
2.5 Unless expressly stated otherwise in the item description, items will be delivered without decoration used on the photos.
3. Price and shipping costs
3.1 All prices shown include VAT for Switzerland and for member countries of the EU. The prices at the time of order are the correct ones.
3.2 Shipping is at the customer's expense. The shipping costs will be displayed to the customer before the customer confirms the order on the chart summary page.
Payment is made by advance bank payment or by PayPal unless otherwise agreed with JETEX prior to placing the order.
Bank account details for advance payments:
Union Bank of Switzerland AG
Union Bank of Switzerland AG
CH27 0027 4274 8070 6901 G
CH58 0027 4274 8070 6975 C
Bank charges or other fees are carried by the customer.
5. Offset, netting and Retention
5.1 Offsetting/netting is permissible only if the counterclaim has been legally established, undisputed or recognized.
5.2 A customer is only entitled to exercise insofar as the counterclaim is based on the same contractual relationship.
6. Delivery, title and transport damage
6.1 Delivery is made from JETEX’s warehouse to the address specified by the customer, unless otherwise agreed.
6.2 JETEX selects the logistics provider, unless a particular shipping company has been agreed upon with the customer.
6.3 Shipping costs will be calculated by the system and reported separately on the invoice. All delivery costs, including those amounts in excess of the indicated invoice amount are to be paid by the customer.
6.4 Partial deliveries or services are not permitted.
6.5 Stated delivery periods are only indicative. Deliveries will be completed within ten (10) working days, unless otherwise specified in the order.
6.6 If an ordered item is not available because our supplier will not supply the goods to JETEX in spite of its contractual obligation, JETEX is entitled to withdraw from the contract. In this case, JETEX will immediately notify the customer of the non-delivery and the refund payments that have already been transferred to the customer.
6.7 If goods are delivered with obvious damage to the packaging or content, the customer should reject the delivery and a complaint must be made to the forwarder. The customer should inform JETEX promptly using the contact data set forth in paragraph 16, so that JETEX can claim any rights against the forwarding company. The statutory liability for material defects claims and the legal right of withdrawal as a consumer remain unaffected even if ignored by customers.
7. Statutory Right of withdrawal
7.1 The consumer has to bear all costs of returning the goods upon practicing the statutory right of withdrawal.
7.2 Please find below the legally prescribed instruction on the conditions and consequences of withdrawal for consumers:
8. Retention of title
We retain title to the goods supplied until complete payment.
9. Liability for material defects and acceptance
The statutory warranty provisions of the Swiss Code of Obligations (Art. 197-210 OR) apply in case of material defects of the purchased goods.
10. Quantum of damages
10.1 In case of intent, gross negligence or lack of guaranteed property JETEX shall be liable without limitation for any damage arising there from.
10.2 In case of slight negligence, JETEX shall be liable in the case of injury to life, body or health. If JETEX is in default by slight negligence from its performance, if its performance has become impossible or if it has breached a material obligation, liability for the resultant property damage and economic loss is limited to the contractual foreseeable damage. A fundamental obligation is an obligation whose fulfilment is essential to the proper performance of the contract in toto, which endangers the purpose of the contract and on which the customer can rely.
10.3 Liability for all other damages is excluded; the liability under the Product Liability Act remains unaffected.
JETEX reserves the right to perform address and credit checks with Creditreform AG and for this purpose to submit necessary customer data to Creditreform AG.
11. Complaints and warranty
JETEX.ch is liable to the customer for two years after delivery of the goods for any defects in design and material before title was transferred.
During the warranty period any observed defects must be reported immediately once discovered.
Excluded from the warranty are damages from normal use or improper treatment of the goods. The warranty ceases, once the goods have been used or modified despite recognized defects.
12. Data protection
13. Applicable law
Swiss law is applied.The UN Sales Convention (United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods) is not applicable.
If the customer is an entrepreneur, a legal entity under public law or public special fund, the exclusive jurisdiction is Zurich, Switzerland. However, JETEX reserves the right to undertake legal actions at its place of residence.
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning of a purchase contract. The rest of the agreement shall remain unaffected and valid.
16. Provider identification, delivery address
Servicer and Contractor:
Jegen Textilien AG
CH-8135 Langnau am Albis
Telefon: +41 (44) 713 06 -66/-67
Telefax: +41 (44) 713 33 37
Trade register of Canton Zurich, Switzerland: CH-020.3.914.258-6
Represented by managing director: Michael Lohe
Swiss VAT ID: CHE-103.775.256 MWST