General Terms and Conditions
Validity
S&E Fortuna Gravuren AG, sells the products offered on fortuna-gravuren.ch to the customer subject to the following general terms and conditions. By ordering products from the fortuna-gravuren.ch range, the terms and conditions are deemed to have been accepted. S&E Fortuna Gravuren AG delivers only in Switzerland. These general terms and conditions apply to all business relations between the company S&E Fortuna Gravuren AG Feldackerstrasse 2, 5040 Schöftland and its customers.
Offer
All prices are in CHF including VAT. The prices listed, as well as the detailed product descriptions, are without guarantee. Availability and errors excepted. The prices quoted refer to one item in each case.
Sketches, drafts, designs, samples and production aids
Sketches, drafts and designs that we create for you are our intellectual property and may not be used elsewhere or passed on without our written permission. If you provide us with designs or samples for production, we will consider you to be the owner and authorised representative. By placing your order, you agree that we may display products manufactured for you at our discretion for promotional purposes and present them as samples.
The production aids used to manufacture the order remain the property of S&E Fortuna Gravuren AG. Production aids owned by S&E Fortuna Gravuren AG will be stored for a maximum of one year from the date of the last order. The risk of storage is borne by the customer.
Warranty
It is at the discretion of S&E Fortuna Gravuren AG to provide warranty through free repair, equivalent replacement, or refund of the purchase price. In the event of a complaint regarding a defect, we will generally first attempt to rectify the issue (free repair). If the rectification fails, it is at the discretion of S&E Fortuna Gravuren AG to provide warranty through equivalent replacement or refund of the purchase price. The warranty does not cover wear and tear, as well as damages resulting from improper handling or damage by the customer or third parties, as well as defects caused by external circumstances. Liability claims must be made directly and exclusively against the product manufacturer.
Complaints / Returns
Claims must be filed within 8 days.
Returns must be prepaid and are made at the customer’s own risk and liability.
Shipping costs
Please note our shipping conditions. The goods are sent by A Mail. The shipping costs are CHF 14.00, except for Fragile where CHF 7.50 is added. We only deliver in Switzerland. Partial deliveries are permitted as long as they are reasonable for you.
Retention of title
The goods remain the property of S&E Fortuna Gravuren AG until full payment has been received.
Payment, due date, default of payment
Payment for goods is normally made on account. S&E Fortuna Gravuren AG reserves the right to demand advance payment in individual cases. Unfortunately, payment by sending cash or checks is not possible. We exclude liability in the event of loss. In the case of payment on account, you undertake to pay the invoice amount immediately upon receipt. As soon as the payment deadline has passed, you are in default. In this case, we are entitled to charge you interest of 5% per annum on the outstanding amount from the beginning of the delay, as well as reminder fees of CHF 30. A minimum of CHF 300 will be due for any payment order.
Delivery Times
Please refer to the quotation for the estimated delivery time. If no information is provided there, delivery will take place within 14 days of order acceptance. If the customer expressly requests a delivery time of less than 14 days, the desired delivery date can be specified after the checkout in the fields “Delivery date” and “Order notes” when completing the order . S&E Fortuna Gravuren AG shall confirm this date immediately, at the latest within 24 hours. For urgent matters, our customer service team is also available to assist customers on 062 721 68 58. It is also possible to agree on longer delivery times at your request. S&E Fortuna Gravuren AG shall endeavour to meet delivery deadlines to the best of its ability. Exceeding the specified delivery dates does not entitle the customer to claim damages.
Further validities
Our offers are subject to change. Should a particular item not be available for reasons for which we are not responsible and which occur after conclusion of the contract, e.g. force majeure, and a replacement cannot reasonably be procured, we shall be entitled to refuse delivery. We will inform you immediately in such a case. We will immediately refund any payments already made.
Custom-Made and Personalised Products
Products that are custom-made, engraved, printed, or otherwise personalized according to customer specifications are excluded from exchange and return. We reserve the right to accept valid claims for defects.
Once the design process, material procurement, or production has begun, orders may be modified or canceled only with the consent of S&E Fortuna Gravuren AG. Services already rendered and costs already incurred will be billed to the customer.
Proof Approval and Customer Data
For custom-made products, the customer must carefully review the “Good to Print” approval or production approval submitted by S&E Fortuna Gravuren AG. By providing this approval, the customer specifically confirms the accuracy of texts, names, data, logos, colors, layouts, and dimensions. Errors that were already present in the approved template are not considered defects.
The customer confirms that it holds the necessary rights to the texts, images, logos, and other materials provided. The customer is responsible for any claims by third parties arising from the use of this data.
Production-Related Variations
Minor deviations in color, material, surface texture, engraving, printing, relief, dimensions, and positioning that are customary in the industry or due to technical reasons do not constitute a defect, provided that they do not significantly impair the agreed-upon use or the overall appearance of the product.
For custom-made products and mass-produced items, we reserve the right to make deliveries that are slightly above or below the standard quantity, as is customary in the industry, unless otherwise agreed in writing.
Liability
S&E Fortuna Gravuren AG shall not be liable for indirect damages, consequential damages, lost profits, or claims by third parties, to the extent permitted by law. Liability for damages caused by willful misconduct or gross negligence, as well as for other cases of liability required by law, is reserved.
Governing Law and Jurisdiction
Swiss law shall apply exclusively, to the exclusion of conflict-of-laws principles and the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Schöftland, Switzerland. However, S&E Fortuna Gravuren AG shall also be entitled to bring proceedings against the customer at the customer’s registered office or place of residence, or before any other court having jurisdiction under applicable law.
Final Provisions
Individual written agreements, in particular quotes and order confirmations, take precedence over these General Terms and Conditions.
Should any provision of these General Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected.
