General Terms and Conditions (GTC)

Section 1 Scope of Application

All sales activities, deliveries of goods, and services provided by FENIX solutions AG are based exclusively on these General Terms and Conditions (GTC) – this applies regardless of the type of legal transaction.

Section 2 Offers / Quotes

Offers made by FENIX solutions AG are to be considered non-binding and subject to change. The prior sale of the offered goods is reserved. Unless otherwise agreed in writing, offers remain valid for a period of one month.

Section 3 Conclusion of the Purchase Contract

By ordering the goods, whether online in the shop, by phone, or by email, the customer bindingly declares their intention to purchase them. FENIX solutions AG confirms the acceptance of the order in writing with an order confirmation. Changes to the order by the customer after the conclusion of the purchase contract are only possible with the consent of FENIX solutions AG and subject to indemnification. Separate customer requests regarding shipping, price, or payment terms, as well as delivery dates and purchase quantities, only become an integral part of the purchase contract if FENIX solutions AG has bindingly acknowledged and confirmed them in the written order confirmation. Guaranteed delivery dates are generally adhered to. Should a delay occur – caused by logistics, transport, or production – this does not constitute grounds for the customer to withdraw from the contract. Partial deliveries, provided they make commercial sense, can be carried out after prior notice. Furthermore, the assertion of penalties as well as the assumption of claims for damages is expressly rejected. FENIX solutions AG reserves the right to make customary market deviations such as product optimizations or further developments, minor and insignificant deviations in color or dimensions, and particularly in the delivery quantity and packaging unit. Generally, these will be coordinated with the customer in advance.

Section 4 Prices, Delivery, and Payment Terms

Prices are calculated according to the rates valid at the time the purchase contract is concluded. We reserve the right to correct prices incorrectly displayed due to typographical or printing errors. This correction will be made in the order confirmation at the latest. Prices are generally net prices strictly ex works, plus the statutory value-added tax applicable at the time the purchase contract is concluded. Shipping costs, etc., are calculated separately and itemized in the order confirmation. Quality defects or shortfalls due to, for example, incorrect picking or transport damage to certain parts of the delivery do not entitle the customer to reject the entire delivery, nor do they entitle the customer to withhold the entire invoice amount, and such issues do not affect the due date of the payment. The customer is obligated to inspect the delivery of goods quantitatively and qualitatively upon arrival. Upon identifying defects, shortfalls, or other damages, the customer must promptly prepare a written report within three days, document the issues with photos, and send this to FENIX solutions AG. This logged report forms the basis, and thus the prerequisite, for the proper processing of the complaint and for any justified replacement delivery. The agreed payment terms are binding and must be strictly observed. Subsequent deviations from the agreed payment terms are not possible without the written consent of FENIX solutions AG. Retaining or withholding payments from the purchase contract, or offsetting them against other claims from other legal transactions between the customer and FENIX solutions AG, is expressly excluded.

Section 5 Warranty

The statutory warranty periods apply. FENIX solutions AG is not liable for damages, and in particular not for consequential damages, caused by the improper use of the products.

Section 6 Retention of Title

The goods subject to the purchase contract are delivered to the customer and remain the property of FENIX solutions AG until full payment has been received.

Section 7 Data Protection

All details are recorded separately in the privacy policy, which can be viewed at any time. The privacy policy forms an integral part of the GTC of FENIX solutions AG.

Section 8 Final Provisions

The place of performance and exclusive place of jurisdiction is the registered office of FENIX solutions AG in LI-9490 Liechtenstein. Amendments and additions must be made exclusively in writing. Verbal agreements have no validity.

Section 9 Severability Clause

Should any individual provision of these GTC be or become legally invalid, the validity of the remaining provisions shall not be affected.