1. Scope & validity
These General Terms and Conditions, in the version applicable at conclusion of the contract and available on the V-ZUG Ltd website (www.vzug.com/ch/en/general-terms-and-conditions-of-sale) (“GTC”), govern the sale and provision of household appliances, spare parts, accessories and other goods or products (“products”) as well as the provision of other services (together with products “services”) by V-ZUG Ltd (“V-ZUG”) to its customers (“customer”) in Switzerland and Liechtenstein.
For the purposes of these GTC, a (a) “private customer” is any natural person who purchases services from V-ZUG for purposes that are not commercial or professional and a (b) “business customer” is any natural or legal person who purchases services for purposes that are related to the person's commercial or professional activities. Where a provision in these GTC does not distinguish between private or business customers, it shall apply to both categories of customers.
2. Conclusion of contract & integral parts of the contract
Offers from V-ZUG are, in principle, non-binding and V-ZUG accepts orders for services without obligation. Orders placed by the customer are binding for the customer. A contractual relationship between the customer and V-ZUG shall only come into existence upon receipt of the corresponding order confirmation by the customer by letter, e-mail or fax or by means of other electronic communication systems which enable proof in text form (“order confirmation”) or, in the absence of an order confirmation, as soon as V-ZUG unconditionally fulfils the order by providing the services.
V-ZUG reserves the right to make unilateral changes to the contract between the conclusion of the contract and the provision of the services due to price adjustments, changes to the product range and technical changes and shall notify the customer accordingly. In such cases, the customer has the right to withdraw from the contract in writing within 10 (ten) days of being informed of the change to the contract, otherwise the adjustment to the contract is deemed to have been approved. Claims for damages by the customer are excluded.
Order confirmations which make provisions for services to be delivered at a later point in time shall be valid for the period stated therein or for a maximum period of 18 (eighteen) months from the date of issue.
Deviations from these GTC are only valid if they are recorded as such in the order confirmation or in a separate written contract between the customer and V-ZUG. The customer's general terms and conditions or terms and conditions of purchase are expressly excluded, even if the customer makes reference to them in an order or subsequently submits them.
3. Information on online offer & marketing materials
Offers, illustrations or information provided by V-ZUG on the website, in the service portal, in the accessories/spare parts shop, in technical documents or in product catalogues or other marketing materials are non-binding and do not constitute any assurances or guarantees. The right to make changes at any time remains reserved.
For further provisions in connection with the use of the website and the online range, please refer to the terms of use, available at www.vzug.com/ch/en/legal-information.
4. Services & delivery
The services to be provided by V-ZUG are listed exhaustively in the order confirmation. The right to make changes to the services offered (e.g. in the event of a change in the product range, discontinued models, etc.) remains reserved until the time at which the service is provided.
The service shall be provided as soon as the ordered services are available. If ordered services cannot be provided or cannot be provided in full, V-ZUG reserves the right to withdraw from the entire contract or part of the contract at any time without being obliged to provide replacement deliveries or services or to pay damages.
Information on availability, delivery periods and dates are for informational purposes only and are non-binding. Postponement or non-compliance with delivery dates by V-ZUG shall not entitle the customer to claim damages or to withdraw from the order.
Orders on call shall be agreed by means of an order confirmation if necessary. If orders are not called off within the agreed order deadlines or not on the agreed order dates, V-ZUG shall be entitled to postpone the corresponding order to a later date specified by V ZUG or to cancel it in whole or in part after informing the customer in advance.
The service shall be provided at the address specified in the order. The conditions of the agreed Incoterms mentioned in the order confirmation shall apply, in the absence of a special agreement DAP Incoterms 2020.
5. Software Updates
V-ZUG has the right to update and improve the software on household appliances ("Appliance Software") and to carry out updates and upgrades (together "Updates"). Updates are made to maintain and improve the security of communication networks as well as the operation and serviceability of household appliances. V-ZUG may initiate or carry out updates to the Appliance Software at any time and install them on V-ZUG household appliances of Customers or third parties as part of the provision of maintenance or other services. Old versions of the Appliance Software lose their validity after a certain period of time from the availability of the Update and are no longer supported thereafter.
6. Force majeure
In cases of force majeure, V-ZUG shall be released from its obligation to deliver and perform other contractual obligations and from any liability for damages or other contractual remedies for breach of contract for the duration and scope of the event.
Force majeure shall refer to events which are beyond the control of V-ZUG and which prevent V-ZUG from fulfilling its contractual obligations entirely or partially, in particular in the event of (civil) war, armed conflicts and hostilities or serious threats thereof, riots, acts of terrorism, sabotage or piracy, lawful or unlawful official acts, official orders, rules, regulations or instructions by which V-ZUG is entirely or partially prevented from fulfilling its obligations, natural disasters, epidemics, pandemics, endemics, explosion, fire or destruction of machinery, equipment or production facilities, prolonged failure of transport, telecommunication or electronic means or routes, strikes and lockouts.
Supply difficulties and other disruptions to performance on the part of V-ZUG's upstream suppliers shall be deemed to be cases of force majeure insofar as the upstream supplier is in turn prevented from providing the service by an event of force majeure.
The customer will be notified of this delay in delivery. V-ZUG is entitled to withdraw from the contract without compensation at any time after notification of the reason for the delay.
7. Packaging
Standardised packaging and pallets may be returned or exchanged by the customer upon delivery of products by V-ZUG, provided that they are in an uncontaminated condition and are provided separately according to materials. There will be no separate collection by V-ZUG and any return will be at the customer's expense. V-ZUG must be notified of a larger quantity of packaging and pallets to be returned in good time and in advance. V-ZUG may charge business customers the value of standardised packaging and pallets that are not returned.
Non-standard packaging cannot be returned. V-ZUG is entitled to charge these at cost price to business customers.
8. Prices & terms of payment
For business customers, the V-ZUG price lists applicable and published at the delivery date stated in the relevant order confirmation or at the time of the service provision shall apply to the provision of services.
For private customers, the prices applicable or shown at the time of the order and any additional costs apply.
For special deliveries that fulfil special requirements or individual customer requests, the applicable and published price surcharges at the time of the delivery date shown in the current order confirmation or at the time-of-service provision apply, available at: www.vzug.com/medias.
All prices are in Swiss francs (CHF) incl. VAT, unless stated otherwise. For the delivery of household appliances, an additional weight-based prepaid recycling fee shall be charged. Shipping costs and any additional costs for express or scheduled deliveries, the disposal of old household appliances or the provision of other additional services shall be charged additionally, unless otherwise agreed or already covered by the advance recycling fee, and shall be indicated separately in the order confirmation or when the order is placed. V-ZUG may charge for the physical dispatch of documents, in particular invoices for the provision of services.
V-ZUG's invoices are due for payment without deduction (net) within 30 (thirty) calendar days of the invoice date. After this date, the customer shall be in default without a reminder. V-ZUG is entitled to claim the statutory interest on arrears or, in the case of a purchase made in advance, to cancel the corresponding order after prior reminder. If a specific expiry date has been agreed for performance, the customer shall be in default at the end of this day. The right to charge reminder fees and processing fees and to assert further statutory rights of default remains reserved. Offsetting by the customer against its own claims against V-ZUG is excluded.
9. Retention of title
V-ZUG shall retain ownership of the products it supplies (especially consignment goods for show kitchens) until paid in full. The customer hereby expressly authorises V-ZUG to enter the ownership in the relevant official register and fulfil all related formalities.
10. Inspection & acceptance
The customer must inspect services provided by V-ZUG within 10 (ten) business days and promptly notify V-ZUG of any defects in writing. Otherwise, services are deemed to be accepted, subject to any hidden defects. Hidden defects discovered during the warranty period must be reported to V-ZUG in writing immediately after they are found.
11. Returns
Products will only be taken back by V-ZUG within a period of 2 (two) months from the date of delivery, by prior agreement, in unused condition and only in their original packaging y.
V-ZUG may charge the customer a handling fee for such returns to cover any costs incurred (return transport, handling, inspection, repair, etc.). The processing fees applicable and published at the time of return transportation apply to returns, available at: www.vzug.com/medias.
Furthermore, V-ZUG is entitled, depending on the condition of the products, not to credit the customer with the entire invoiced amount for such returns, but to charge the customer a portion of the originally invoiced price or to retain a portion for expenses incurred, in particular in the event of damage to the product or packaging.
12. Warranty
The following warranty periods apply to products supplied by V-ZUG and purchased and installed in Switzerland and Liechtenstein for defects notified in good time:
V-ZUG may grant private customers who have installed V-ZUG products and registered with V-ZUG an extended manufacturer's warranty in accordance with the warranty conditions valid at the time of registration and available on the V-ZUG Ltd website (www.vzug.com/ch/en/warrantyregistration/login), which may extend beyond the warranty period contractually agreed with the product distributor.
In the event of timely inspection and immediate notification of defects, V-ZUG shall provide warranty at its own discretion by rectification, (partial) replacement or (partial) refund of the purchase price. Further claims by the customer, in particular for substitute performance or damages, are excluded. Services under the warranty shall be performed by V-ZUG's own service organisation or by another service provider authorised by V-ZUG. In the case of software, V-ZUG shall fulfil its obligation to remedy defects if, in order to remedy the defect, it provides a new version of the software (e.g. update, maintenance release/patch) which no longer contains the reported defect, or eliminates it, or if an alternative solution is developed.
The warranty period shall not recommence for products or parts replaced or repaired under warranty and the original warranty periods shall apply to such products and spare parts. Products or parts that are replaced become the property of V-ZUG.
If the product subject to a warranty claim is located at a place which is not accessible by the service vehicles of V-ZUG, the warranty is limited to the extent that additional travel and transport expenses, such as transport by mountain railway or helicopter, shall be invoiced to the customer separately.
Defects and damage which have not arisen as a result of poor material or faulty construction of the products are excluded from the warranty. This refers, for example, to defects and damage resulting from natural wear and tear (wearing parts), improper installation or storage, inadequate maintenance, improper use, in particular failure to observe the operating instructions, product specifications or operating regulations, repair or conversion by unauthorised third parties, use of spare parts other than genuine V-ZUG spare parts (including software) and force majeure or other reasons for which V-ZUG is not responsible.
13. Product safety act and traceability
If a real or potential danger to personal safety or a health risk arises in the course of the product life of the delivered goods due to a product defect, the business customer is obliged to cooperate effectively with V-ZUG to eliminate it and to comply with the applicable requirements of the Swiss Product Safety Act (PrSG), in particular to ensure the complete traceability of delivered goods. V-ZUG has the right to inspect business customers' compliance with PrSG by suitable means and upon written advance notice.
14. Disclaimer
With respect to defective services, the customer only has the rights expressly specified in section 12. Any further claims by the customer against V-ZUG and any of its auxiliary persons and vicarious agents, in particular for damages, reduction or withdrawal from the contract, are excluded. The customer is not entitled, in any case, to claim damages which have not occurred on the product or service itself, such as loss of production, loss of orders, lost profits, and other direct or indirect damages. This is subject to the mandatory liability provisions of the Swiss Product Liability Act.
15. Intellectual property rights
All rights to all trademarks, logos, photos, texts, designs, etc. in connection with V-ZUG services on the website, in the service portal, in the accessories/spare parts shop, in product catalogues or other marketing materials (such as exhibition, sales promotion and point of sale materials, brochures, flyers, etc.) and similar documents belong exclusively to V-ZUG or its licensors. This content may not be downloaded, reproduced, distributed, sold, licensed or used by the customer for any other purpose without the prior written consent of V-ZUG.
All rights remain reserved for the software contained in the products or services.
16. Unilateral adjustment to the GTC & offer
V-ZUG expressly reserves the right to make unilateral changes to these GTC and the scope and content of the range of services at any time.
17. Privacy
V-ZUG processes personal data in accordance with the V-ZUG privacy statement, which can be consulted at: www.vzug.com/ch/en/privacy-statement.
18. Final provisions, governing law and place of jurisdiction
The invalidity or contestability of one or more provisions of the contract between V‑ZUG and the customer or of these GTC shall not invalidate the remaining provisions. In such a case, the parties shall endeavour to replace the invalid or contestable provision with another valid and enforceable provision that comes as close as possible in its legal and economic content to the provision that has been repealed. The same shall apply in the event of contractual gaps.
The transfer of rights and obligations of the customer to third parties requires the prior written consent of V-ZUG.
The contractual relationship shall be governed exclusively by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 and the Swiss Federal Act on the conflict of laws.
The courts at V-ZUG's registered office shall have jurisdiction over disputes arising from or in connection with the contractual relationship. V-ZUG shall also be entitled to assert its own claims at the customer's registered office/place of residence. Contracts for private customers are subject to the statutory places of jurisdiction.
Zug, January 2025