General terms and conditions
1. Object of the contract
Naef Spiele AG sells specified goods from the catalog, online web shop, factory shop or in written offers to both retail businesses and private customers (hereafter as the customer) according to the following terms and conditions of delivery and sale.
2. Conclusion of the contract
The contract between the customer and Naef Spiele AG becomes effective only when the customer’s order has been placed with and accepted by Naef Spiele AG. The customer’s order can be made either by telephone, in writing, by fax, email or the Internet. Order acceptance is carried out (a) with a confirmation of order or (b) with delivery of the goods. Online orders are automatically confirmed.
3. Range of products/prices
Product details in the catalog or web shop may be subject to change without notice. Errors in the description, images, price quotations and estimates may occur. All pricing in the pricelist and on the website is updated regularly and may be subject to change at any time. ALL pricing is per “ONE” article. All pricing is in Swiss francs, exclusive of VAT, or in Euro (Euro price list) exclusive of VAT.
4. Terms of payment
Payment must be made within 30 days of issue of the invoice, no exceptions. Payment in advance is required for ALL new customers and may be made via credit card or cash payment. Naef Spiele AG reserves the right to deliver goods, only payable via credit card or prepayment, even if these customers have an established account.
5. Terms of delivery/transportation costs
Deliveries in Switzerland are subject to the following guidelines: deliveries of or over CHF 500.– net merchandise value are delivered free of charge. For deliveries of less than CHF 500.– net merchandise value, a delivery charge of CHF 20.– will be added for postage and packaging. Please note, for Express delivery additional charges will be incurred.
Deliveries to Germany are subject to the following guidelines: deliveries of or over EUR 300.– net merchandise value have an all inclusive transportation charge of EUR 15.–. Deliveries of less than EUR 300.– net merchandise value, have an all inclusive transportation and packaging charge of EUR 25.–.
Orders which require shipment outside of Switzerland and Germany will be charged with the actual cost of shipping. VAT will be charged directly to the customer by the forwarding agent.
Again, please note, for Express delivery additional charges will be incurred.
6. Delivery backorders
Products which are not in stock are registered as backorders and delivered when possible.
7. Packaging
Packaging units “PU” means that there could be more then one article per package. The packaging units stated on the price lists are firm and can only be changed if mutually agreed upon. The total number of articles, however, must be stated in the order.
8. Returned merchandise
Merchandise returned due to incorrect delivery, will be replaced within 15 days. The merchandise must be returned in perfect condition and in the original packaging. Returned merchandise will be replaced and ALL postal charges may be deducted from the invoice by the ordering party/customer. Any damages to the returned merchandise and packaging will be charged to the customer by Naef Spiele AG.
9. New products
Decisions regarding the production of new products are sometimes not made until after a trade fair. The market decides whether a newly presented product will be produced. The price and finish of new products presented during a trade fair are subject to change should they be produced.
10. Reservation of proprietary rights
Delivered merchandise remains the property of Naef Spiele AG until all payments are received. If the customer is in arrears with payment, Naef Spiele AG is entitled to withdraw from the contract and reclaim the merchandise.
11. Warranty for defects and liability
All NAEF products come with a 12 month guarantee from date of purchase. Naef Spiele AG must be notified within 15 days if a product is found to be faulty or imperfect to be replaced free of charge. Naef Spiele AG will not be held liable for damages which are caused by improper handling or normal wear and tear. With the majority of Naef’s products manufactured using wood, note that this natural material can break under pressure or with improper handling. For such consequential damages, Naef Games Ltd. disclaims any liability.
12. Intellectual property/copyright
Naef Spiele AG holds all rights for every design, text, image and diagram in the catalog and on the website. Copying or reproducing, downloading or use of images from the website, is only allowed with permission from Naef Spiele AG. Naef Spiele AG retains property rights and copyrights for all of its products, including those designed specifically for corporate customers to be given as gifts. These products may not be used in any form for advertising by the Corporation which has made the purchase. Publication in newspapers, company brochures or on the Internet requires explicit approval by Naef Spiele AG.
13. Resale
Retailers which purchase Naef products may only sell to the end-user. Consent from Naef Spiele AG is required for the product be sold to another retailer or distributor. Export of merchandise from Naef Spiele AG to another country by the retailer is not permitted.
14. Data protection
Data received by Naef Spiele AG in connection with business relations, is protected. Naef Spiele AG treats this data with the strictest confidence and does not pass it on to third parties.
Naef Spiele AG uses this data to inform its customers of current information and offers via a newsletter. Customers, who do not wish to receive current information or offers, can cancel the newsletter at any time.
15. Court of jurisdiction and applicable law
These general terms and conditions of business are subject to Swiss law. Court of jurisdiction is 4800 Zofingen, Switzerland.
4800 Zofingen, Switzerland, March 2009