Terms & Conditions
1. Scope
These general terms and conditions apply to the ordering and delivery of products from bb trading werbeartikel ag, Bernstrasse 90, 8953 Dietikon ("bb trading"), as well as to the provision of related services. General terms and conditions of the customer that have not been expressly acknowledged in writing by bb trading are not binding.
2. Offer and Conclusion of Contract
Offers made online or information provided by bb trading over the phone are non-binding. Only written or emailed offers from bb trading are binding. Unless otherwise agreed or revoked, the offer is valid for three months. This excludes significant exchange rate fluctuations. All documents and samples provided with the offer remain the property of bb trading. Without bb trading's consent, no third party may be given access to the offer documents. The contract between the customer and bb trading is concluded upon receipt of the order confirmation returned by the customer in writing or via email, or by simple written confirmation via email to bb trading. By this, these general terms and conditions are accepted by the customer. They can be accessed, printed, or saved locally at any time at bbtrading.ch/agb. Amendments, changes, or additional agreements to the contract or the general terms and conditions are only binding if confirmed in writing by bb trading.
3. Prices and Payment Terms
Prices published on the internet or in catalogues are indicative prices excluding refinement (unless otherwise stated), transport costs (from Dietikon), and any additional costs, and are exclusive of VAT. Transport and additional costs are to be borne by the customer. Additional costs incurred by the customer will be invoiced separately. The customer is obliged to pay the invoice amount within thirty days of invoicing unless otherwise agreed. In the event of a delay by the customer, the assertion of further damages along with default interest remains reserved. bb trading is entitled to perform outstanding deliveries only against prepayment.
4. Ownership
Ownership of the products remains with bb trading until all claims of bb trading against the customer are fully paid. A pledge, security transfer, or other encumbrance by the customer is prohibited until all claims are fully settled.
5. Delivery
In the absence of other agreements, the place of performance is at the customer's location. bb trading is entitled to make partial deliveries. If bb trading is delayed in delivery, the customer is only entitled to set a reasonable grace period for delivery. If bb trading fails to deliver within this grace period, the customer may withdraw from the contract. Further claims by the customer due to delivery delays are excluded. Excluded from this right of withdrawal are delivery delays due to unforeseeable, exceptional, or circumstances for which bb trading is not responsible. For already completed partial performances, the performance by bb trading is considered fulfilled. If the delivery date cannot be met due to the customer’s actions, the customer must compensate bb trading for any damages incurred due to the non-delivery.
6. Over- or Underdeliveries
Over- or underdeliveries of up to 10% of the ordered quantity are industry standard and cannot be contested. The actual delivered quantity will be invoiced.
7. Transfer of Risk
The risk and benefit pass to the customer as soon as the products are handed over to the transport person. Any individual agreement on transport cost coverage by bb trading has no impact on the transfer of risk.
8. Samples
bb trading provides a neutral (unprinted) sample free of charge upon customer request during the offer process; for custom productions, a material sample. Due to the variety of products and suppliers that bb trading relies on, it is not possible for bb trading to be fully aware of all quality and other product characteristics in detail. Therefore, bb trading advises against ordering without prior sample review. bb trading rejects any return of goods or refund due to dissatisfaction or similar, which could have been avoided by prior sample review.
9. Print Approval
Before production starts, bb trading will provide the customer with a proof, a press proof, or a draft for print approval. At the print approval stage, the customer has the final opportunity to make corrections of any kind. If no errors are found, the customer declares the order ready for printing (Print Approval). The customer is fully responsible for all errors not mentioned during the print approval.
10. Warranty
The customer must inspect the products delivered by bb trading within five days of receipt and immediately notify bb trading in writing or by email if they wish to assert rights arising from defective performance. If the customer fails to report within this period, the products are deemed free from defects and the delivery is deemed accepted. Hidden defects must be reported immediately upon discovery. Claims for warranty due to product defects expire one year after delivery to the customer, even if the defects are discovered later. Defective goods will be replaced (replacement delivery) or repaired (rectification) at bb trading’s discretion. The customer has no right of withdrawal. Instead of replacement or repair, bb trading may, at its discretion, grant a price reduction corresponding to the depreciation. If the manufacturer of the goods provides a guarantee, bb trading may transfer its claims against the manufacturer to the customer in the event of defective goods. Exclusions from warranty include defects not attributable to bb trading, such as those due to force majeure.
11. Liability
Any contractual and non-contractual liability of bb trading to the customer for direct and indirect damages, including but not limited to lost profit, is excluded to the extent legally permissible. In particular, bb trading’s liability for auxiliary persons is fully excluded (Art. 101 (2) OR).
12. Intellectual Property
The customer expressly acknowledges that intellectual property (particularly copyrights, design rights, etc.) in all work results/products created by bb trading in the course of the order (including drafts, proposals, sketches, etc.) remains with bb trading. This also applies to all variants not chosen by the customer. These remain the property of bb trading and may not be used by the customer without prior written consent from bb trading.
bb trading retains all copyright and other rights to the website and the content, information, images, videos, and databases published on the website ("protected property"). Alteration, reproduction, publication, dissemination to third parties, and/or other exploitation of the protected property – even in part – without prior written consent from bb trading is expressly prohibited.
13. Confidentiality / Data Protection
The customer undertakes to keep confidential the agreed contractual conditions (particularly the prices). bb trading and any third parties engaged are obliged to maintain the strictest confidentiality regarding all information learned in connection with their services from the customer’s sphere of influence. bb trading may publish its work for a customer in its own publications (online, print) or in third-party publications after consulting the relevant customer. Acquisition and sales conversations may be monitored to ensure proper service and for training purposes. No recordings of conversations are made in any case.
14. Severability Clause
Should individual provisions of these general terms and conditions or further agreements between the customer and bb trading prove to be invalid or unenforceable, the entire contractual relationship shall not become invalid, but the relevant provisions shall be replaced by legally valid ones with similar effect.
15. Applicable Law and Jurisdiction
These general terms and conditions and the contract between the customer and bb trading are governed by Swiss substantive law, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contract and these general terms and conditions is Dietikon.
bb trading werbeartikel ag
As of: 17 December 2020