General terms and conditions - CREaCLEAN

General terms and conditions

1. Validity of the conditions

The deliveries, services and offers of the online shop of Cre-A-Solve AG (CHE- 468.112.789 MWST), Im Ehrmerk 12, 8360 Wallenwil, are exclusively based on these general terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Cre-A-Solve AG.

2. Offer and conclusion of contract

The offers of Cre-A-Solve AG in price lists and advertisements do not constitute a legally binding offer, but an invitation to the customer to place an order that is binding for them. Offers such as checked returns and clearance sales are excluded from the binding nature of availability.

By clicking the order button on the online shop, the customer places a binding order for the products listed on the order page. Cre-A-Solve AG confirms receipt of the order immediately after its receipt. Orders are only binding for CRE-A-SOLVE AG after written order confirmation. If it is determined after the order confirmation that the delivery of the goods is not possible or that there was a price error, the order will be cancelled or, in the case of price errors, if the goods have already been delivered, the price difference will be claimed from the customer. In the event of price errors, the customer is entitled to return the goods to CRE-A-SOLVE AG if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against CRE-A-SOLVE AG or a supplier.

The information in the sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated in writing as binding.

If a customer exceeds his credit limit by placing an order, CRE-A-SOLVE AG shall be released from the obligation to deliver.

3. Prices

The prices stated in the order confirmation are decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the daily price on the day of the order shall apply. The prices are in Swiss francs including the statutory value added tax and, unless otherwise agreed, plus transport costs. The current prices are published in the online shop, subject to price changes and errors.

4. Terms of delivery

Delivery is only made to delivery addresses within Switzerland.

Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates by CRE-A-SOLVE AG are subject to the correct and timely supply of CRE-A-SOLVE AG by suppliers and manufacturers.

5. Duty to test

The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.

In the case of freight forwarding deliveries, any delivery damage* must be noted on the delivery note. Visible quantity differences must be notified in writing to CRE-A-SOLVE AG and the carrier immediately upon receipt of the goods, concealed quantity differences within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment of goods by email to [email protected]. (see also 9 Returns)

*The customer must not put such a product into operation. It must be stored in its original packaging as received.

6. Default of acceptance

If the customer refuses to accept the delivery items after the expiry of a grace period set for him or declares that he does not wish to accept the goods, CRE-A-SOLVE AG may refuse to fulfil the contract and demand compensation for non-fulfilment. CRE-A-SOLVE AG is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the customer as compensation for damages.

7. Transfer of risk

The risk shall pass to the customer as soon as the consignment has been handed over to the company carrying out the transport. If dispatch is delayed or becomes impossible through no fault of CRE-A-SOLVE AG, the risk shall pass to the customer upon notification of readiness for dispatch. Any assumption of transport costs by CRE-A-SOLVE AG agreed in individual cases shall not affect the transfer of risk.

8. Warranty / Guarantee

Cre-A-Solve AG or the supplier/manufacturer guarantees that the ordered product is free of defects and functional for 2 years after delivery, unless expressly agreed otherwise in writing.

If the operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty/guarantee shall lapse insofar as the defect is attributable to this. This also applies insofar as the defect is due to improper use, storage and handling of the devices, or third-party intervention as well as the opening of devices.

Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/used or installed rechargeable batteries is excluded.

In the event of a warranty or guarantee claim, the customer is entitled to rectification of defects, replacement or cancellation of the contract. The choice of the type of remedy lies with Cre-A-Solve AG. If Cre-A-Solve AG decides to rescind the contract, a credit note will be issued at the current price (maximum the sales price at the time of the order).

The warranty period is not interrupted by a possible warranty or guarantee case, but continues to run.

No new warranty periods come into effect as a result of the replacement of parts, assemblies or entire units.

Only the direct customer is entitled to warranty or guarantee claims against Cre-A-Solve AG and these are not assignable.

The statutory warranty is excluded in its entirety.

9. Returns

Customers have the right to return the goods for 14 days after they have been delivered. The right of return is exercised by returning the goods, which must be unopened and unused. The return request must be registered in the customer account or by email [email protected].

The exercise of the right of return leads to the conversion of the purchase contract into a rescission relationship, according to which the services received under the purchase contract must be refunded.

After receipt of the goods, any purchase price already paid (less payment charges) will be credited to the customer's customer account. However, a deduction from the purchase price to be refunded or an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs of the goods remains reserved. 

Cre-A-Solve AG may refuse credit until it has received the goods back or the customer has provided proof that it has returned the goods, whichever is the earlier.

Provided the product can be returned, the following apply 

Refund rules:

Full refund at purchase price: (less costs of payment processing):

Deduction depending on the condition of the goods (at least 10% or minimum deduction CHF 10.-):

Return shipping costs:

The postage costs for the return of items are generally borne by the sender. In the following cases, the return costs will be borne by Cre-A-Solve AG: 

The customer is in any case responsible for packing the goods to be returned in a manner suitable for transport. Damage/loss of the goods due to improper packaging will be charged to the customer. If the client hands over the goods to a transport company, the client bears the risk for the safe transport of the goods. The transfer of risk to Cre-A-Solve AG does not take place until the goods arrive at Cre-A-Solve AG.

No right of return:

Unfortunately, we cannot offer returns in the following cases:

Returns to:

Coldtec AG
c/o CREaCLEAN
Langäulistrasse 62
CH-9470 Buchs SG

10. Payment

The payment methods available for selection are published in the online shop. Cre-A-Solve AG reserves the right, if necessary, to carry out a credit check in accordance with the Cre-A-Solve AG privacy policy.

A payment is only deemed to have been made when Cre-A-Solve AG can dispose of the amount.

If payment is not made within the aforementioned period, the customer is in default of payment, whereby Cre-A-Solve AG is entitled to charge interest at a rate of 5% from the date in question. During the period of default, Cre-A-Solve AG is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim compensation for the loss of the contract. All claims become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations arising from the contract or if Cre-A-Solve AG becomes aware of circumstances that are likely to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In these cases, Cre-A-Solve AG is entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.

11. Dunning and collection fees

If the client is in default of payment, Cre-A-Solve AG will send the client a reminder by e-mail, in writing or by telephone. Cre-A-Solve AG reserves the right to charge reminder fees for the issued reminders. In the case of unsuccessful reminders, Cre-A-Solve AG can assign the claim to a third party company commissioned with the collection. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

12. Limitation of liability

Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against Cre-A-Solve AG and against auxiliary persons and substitutes, except in cases of intent or gross negligence. No liability is accepted for consequential damage arising from the use of the products.

13. Data protection

Cre-A-Solve AG undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found on the separate data protection declaration. The data protection declaration is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the data protection declaration.

14. Jurisdiction

CH- 8360 Eschlikon shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

15. Final provisions

Cre-A-Solve AG reserves the right to change the general terms and conditions at any time.

Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.

Status: December 2022