General Terms and Conditions

The general terms and conditions of perdix gmbh:

Business owners Mr. Patrick Wirz & Ms. Georgia Daskalopoulou, Zollhausstrasse 2, 6015 Luzern

§ 1 Scope of the General Terms and Conditions

(1) The General Terms and Conditions (GTC) of perdix gmbh (hereinafter “Seller”) apply to all contracts that the customer concludes with the seller with regard to the products and/or services presented in the seller’s online shop completes the products and/or services presented in the Seller’s printed catalog using individual means of remote communication (e.g. telephone, email, order form) with the exception of an online order form. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

(2) Customers within the meaning of Section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed to either their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of contract

(1) The product representations contained in the seller’s online shop and print catalog do not represent binding offers from the seller. They serve to enable the customer to submit a binding offer.

(2) When ordering via the online shop, the customer can submit the offer by telephone, in writing, by email or via the online order form integrated in the seller’s online shop. By entering their personal data and clicking the “Order” button, the customer submits a legally binding contract offer. This happens in the last step of the ordering process and refers to the goods in the shopping cart.

(3) When ordering via the print catalog, the entrepreneur can submit the offer in accordance with Section 1.2 by telephone, in writing or by email. The entrepreneur can use the order form attached to the catalog, which must be completed and sent to the seller by post or email.

(4) The seller can accept the customer’s offer by means of a written (letter) or electronically transmitted order confirmation or by delivering the goods within two days. The seller is entitled to refuse to accept the order.

(5) When ordering in the online shop, the order is processed and contact is usually made via email and automated order processing. In order to receive emails from the seller, the customer must provide a correct email address. If the customer uses SPAM filters, he must ensure that all emails can be delivered by the seller or a third party commissioned by him.

§ 3 Return costs when exercising the right of withdrawal

Consumers have the right to revoke the contractual declaration within 10 days of receiving the goods. The revocation must be sent to perdix in writing by email or letter. In order to meet the deadline, the time at which the cancellation policy is sent is crucial. A justification for the revocation is not necessary. The declaration of revocation must be sent to

perdix gmbh
Zollhausstrasse 2
6015 Luzern
Schweiz

Exercising the right of withdrawal leads to the conversion of the purchase contract into a reversal relationship. According to which the services received under the purchase contract must be reimbursed. The customer must return the goods received with the original packaging within 10 days of the cancellation being declared

perdix gmbh
Seestrasse 161
8266 Steckborn
Schweiz

send back. The customer bears the costs for the return.

Return address:

perdix gmbh
Seestrasse 161
8266 Steckborn
Schweiz

We ask you to enclose our return form in full with every return. You can find the form here using this download link -> RETURN FORM PERDIX

§ 4 Prices and payment terms

(1) When ordering in the online shop, the prices specified by the seller are considered final prices. This means that they include all price components, including statutory VAT. Any additional delivery and shipping costs that may arise will be stated separately in the respective product presentation in the offer.

(2) When ordering via the print catalog, the seller’s stated prices are net prices, plus VAT. We charge packaging and shipping costs, loading, insurance (especially transport insurance) separately.

(3) The seller generally only delivers within Switzerland. The seller currently offers the following payment options, unless otherwise stated in the respective product presentation in the offer: advance payment (via bank transfer) or delivery on account (only for registered entrepreneurs and only for goods order values of CHF 500.00 or more).

(4) If shipping abroad is also offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise stated in the respective product presentation in the offer: advance payment (via bank transfer) or delivery on account (only). for registered customers). entrepreneur).

(5) Deliveries outside of Switzerland incur additional costs, such as additional taxes and/or duties, for example in the form of customs duties.

(6) If advance payment has been agreed, payment is due immediately after conclusion of the contract.

(7) In the case of “delivery on account”, the purchase price is due after we have delivered and invoiced. In this case, the purchase price must be paid without deductions within 10 (ten) days of receipt of the invoice. (Unless otherwise agreed. The seller reserves the right to carry out a credit check if the payment method “delivery on account” is selected. If your credit check is negative, this payment method can be rejected.

§ 5 Delivery and shipping conditions/delivery times

(1) The goods are regularly delivered by a freight forwarder and to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction.

(2) If delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller. Here the customer bears the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the service offered. Unless the seller had announced the service a reasonable time in advance or the customer thereby exercised his right of cancellation.

(3) The risk of accidental loss and accidental deterioration of the goods sold is generally transferred to the customer or a person authorized to receive them upon handover. If the customer is an entrepreneur (acting in the exercise of his commercial or independent professional activity), the risk of accidental loss and accidental deterioration in the case of a mail order purchase passes with the delivery of the goods to a suitable transport person via the seller’s place of business.

(4) For entrepreneurs, all agreed delivery times apply subject to correct and timely self-delivery. If the seller has concluded a special cover transaction and is not responsible for the lack of availability.

(5) For entrepreneurs, the transfer of risk occurs if the dispatch of the delivery is delayed. The delay in shipping is the responsibility of the entrepreneur. With the notification of readiness for dispatch, the risk of accidental loss and accidental deterioration passes to the entrepreneur. The entrepreneur must bear any storage costs after the transfer of risk.

(6) The delivery deadlines will be adhered to to the best of our knowledge and belief. Any claims for damages due to missed deadlines cannot be accepted.

§ 6 Retention of ownership

The goods delivered by the seller remain the property of the seller until full payment has been made.

§ 7 Liability for defects & complaints

If there is a defect in the purchased item, the statutory regulations apply. Deviating from this:

1. in principle, an insignificant defect does not justify any claims for defects,
2. the seller has the choice about the type of supplementary performance,
3. in the case of used goods, rights and claims due to defects are generally excluded.

Short or incorrect deliveries as well as any defects can only be complained about in writing within five days of arrival of the delivery.

§ 8 Liability / Guarantee

perdix gmbh, Zollhausstrasse 2, CH-6015 Luzern (HR des Kt. Luzern CH-100.4.797.196-9, UID CHE-232.786.920) provides the following manufacturer’s warranty of 2 to 5 years on perdix products: 

According to the conditions listed here, we guarantee a guarantee period of two to five years (as stated on the order confirmation or invoice) from the date of delivery. The products sold by authorized companies and marked with the “perdix” brand are free from manufacturing and material defects when used as intended. This manufacturer’s warranty does not apply to products with a delivery date before May 1, 2016. It is only valid in the member states of the European Union (EU) and the European Free Trade Association (EFTA). And only to customers who purchased and used the product for the first time in an EU or EFTA member state.

The guarantee applies exclusively on the condition that

1. the products are used in accordance with the specified product and application specifications (data sheet, product brochure, product label…);
2. the products were professionally assembled and put into operation (according to the assembly instructions included with the product);
3. the provision of maintenance and repair services on the products is carried out exclusively in accordance with the manufacturer’s instructions;
4. the provision of services such as software upgrades or functional expansions is carried out exclusively by the manufacturer or a third party designated by the manufacturer;
5. the permissible limit values for temperatures and voltages in the relevant technical standards or product-specific are not exceeded;
6. the product is not exposed to intended mechanical and/or chemical stress.

The warranty only covers proven material, design or production defects that exceed the average rated failure rate. For electronic ballasts or components such as LED modules, the average rated failure rate is 0.2% per 1000 operating hours. Unless the product and application specifications provide a different definition of average rated life and failure rate. The customer is not entitled to a guarantee if he does not report the defect in writing within 30 days of discovery to the guarantor or the responsible sales company of perdix gmbh in the respective country in which the product was purchased and put into operation the purchase contract or the invoice and proof of the defect that has occurred.

After inspecting the product and determining a warranty claim, the guarantor has the discretion to either repair the defective product free of charge, deliver an equivalent product free of charge, or offer a discount. This warranty does not apply to product defects that have already been corrected under warranty through replacement, repair or price reduction. Once the guarantee is fulfilled, the guarantee period does not begin again.

Warranty cases are handled by the respective sales company of perdix gmbh in the respective country in which you first purchased the product and put it into operation. 

Any replacement products or parts may contain new or recycled materials. These are equivalent to new products or parts in terms of performance and reliability. The replacement product may differ from the original product in terms of dimensions and design. “Recycled materials” are parts or products that are used or refurbished and are not new. Parts or products that are not new will be as good as new in terms of performance and reliability after an overhaul or repair. The functionality of any replacement product or part will be the same as that of the replaced product or part. Replacement products or parts will be free from defects in material or workmanship for the remainder of the applicable warranty period.

The guarantee does not apply to

1. All additional costs incurred in connection with the elimination of defects (fulfillment of the guarantee) are borne by the buyer. These include, for example: B. Assembly, dismantling, transport of the defective and the repaired or new product, disposal, travel and travel time, lifting equipment, scaffolding);
2. Wear parts, such as standard lamps, batteries (emergency lighting elements) and hard drives; Computers and servers containing either hard drives or mechanical wear parts;
3. plastic parts, e.g. made of polycarbonate, if they become discolored or brittle due to the natural aging process;
4. electronic components, products and lights that perdix gmbh sells as merchandise, such as touch panels, printers and computers under third-party labels, as well as lights from other manufacturers 
5. settings or parameterizations on systems that change due to wear, fatigue or contamination;
6. product defects resulting from software errors, bugs, viruses or the like;
7. services required from time to time such as new commissioning, software updates, etc.
8. an extended guarantee including reimbursement of costs for disassembly and reassembly in the first 2 to 5 years can be achieved by additionally concluding a maintenance contract. If you are interested, please contact your responsible sales representative.

When does the guarantee expire?

1. the warranty expires immediately if changes, repairs, service work or error corrections are made to the products by the customer or third parties without the prior written consent of the warranty provider.
2. additional information about LED products: For LED modules, a reduction in luminous flux of up to 0.6%/1000 operating hours is state of the art and therefore not covered by the guarantee. The color tolerance of LED modules is not covered by the manufacturer’s warranty. The luminous flux and output of a new LED module are subject to a tolerance of +/-10%. All relevant technical data are listed in the product and application specifications (data sheet/product brochure…). When LED modules are subsequently delivered, there may be deviations in the light properties compared to the original products due to technical progress and usage-related changes in the luminous flux and light color of the products.

The guarantee is subject to Swiss law

Customer’s statutory warranty rights are not excluded, restricted or modified by these warranty conditions.

When providing warranty services, we are liable, regardless of the legal basis, exclusively in accordance with our General Terms and Conditions of Sales and Delivery. The version valid at the time of the warranty can be downloaded from www.perdix.swiss. The customer can also contact us. Otherwise, any liability for damages is excluded.

This guarantee is subject to Swiss law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded. The place of jurisdiction for all disputes arising from this guarantee is Lucerne, Switzerland.

Services

The services are also explicitly mentioned in every product description and in the invoice. The service includes repairs and the service that perdix gmbh can replace spare parts for any defective components. Services after the warranty has expired will be charged. 

Note on liability for recommendations for dimmers

The non-binding recommendations and information from perdix gmbh are based on the findings at the time of our own audit. Depending on the total connection power, cable lengths, network conditions and other influencing factors, different results may occur. perdix gmbh cannot accept any responsibility for interim changes to certain standards of dimmers or LED electronic parts of newer generations. Therefore, perdix gmbh declines any liability for recommendations given.

§ 9 Code of Obligations

Unless these delivery conditions contain any special regulations, the provisions of the Swiss Code of Obligations apply. If individual provisions of these sales and delivery conditions are or become ineffective, the remaining provisions are not affected.

§ 10 data protection

Data from companies or private individuals (hereinafter “customer”) such as names, addresses, e-mail addresses, telephone numbers are used by the customer directly upon initial contact and for order processing and product advertising (inquiries, offers, order confirmation, other correspondence, newsletters, product and advertising flyers); This can be done by telephone, email or via our website. This data is collected and stored internally and securely in a database or on the server of our website (Europe location). The data collected will not be passed on.

To send the newsletter, the seller uses email addresses and self-researched email addresses. We collect the data from the initial contact or from published websites that can be found on the Internet. The newsletter is sent and data managed via a shipping service provider. The content of the newsletter will be sent to the customer after their consent. This is done using the double opt-in procedure. Customers have the option to unsubscribe from the newsletter at any time via a link. Corresponding note is included in every newsletter. Logging takes place for every newsletter dispatch; Statistical surveys and analyzes as well as online access are recorded.

To send advertising emails in paper form, the seller uses addresses from the initial contact and addresses that he researched himself. The addresses can be found on published websites on the Internet. The customer has the option to be removed from the mailing list at any time.

You can find out more about data protection here.

If you have any questions or are unclear about our General Terms and Conditions (GTC), we will be happy to help you. Thank you for your trust in perdix gmbh.

As of: July 2018