Terms and Conditions

1. General Provisions & Scope of Application

These General Terms and Conditions (hereinafter “GTC”) govern the legal relationship between Badertscher Tool AG, Aemmenmattstrasse 20, 3123 Belp / Bern, Switzerland (hereinafter “Seller”) and the buyers (hereinafter “Customer”) who place orders via one of the online shops listed above.

By placing an order or accepting the delivered goods, the Customer declares their agreement to these T&C. Any conflicting or deviating terms and conditions of the Customer are only binding on Badertscher Tool AG if they have been expressly acknowledged in writing. For matters not expressly regulated, the Swiss Code of Obligations (CO) applies subsidiarily.

Badertscher Tool AG reserves the right to amend these Terms and Conditions at any time. The Terms and Conditions published on the relevant online store at the time of the order shall apply.

2. Conclusion of Contract & Orders

The presentation of products in the online shops of Badertscher Tool AG does not constitute a binding offer, but rather a non-binding invitation to place an order.

By submitting an order, the customer makes a binding offer to purchase the selected goods. An order confirmation via email initially serves only as an acknowledgment of receipt. The purchase contract is not concluded until Badertscher Tool AG expressly confirms the order in writing (via email) or ships the goods.

Badertscher Tool AG reserves the right to reject orders without providing reasons, particularly in cases of product unavailability, obvious pricing errors, or reasonable suspicion of misuse.

In-stock items: Written and verbal orders are valid upon receipt and will be processed immediately.

Non-stock items: Orders are only valid if they have been confirmed in writing by Badertscher Tool AG. After written confirmation, the costs for changes or cancellations—provided these are still possible with the manufacturer—are fully borne by the customer. Exceptions are gross errors in order entry or confirmation.

Special sizes: Items in special sizes (outside the standard table) are only available with a minimum order quantity of 2 pieces.

The contract text is stored by Badertscher Tool AG. The customer receives an order confirmation via email, which contains the essential terms of the contract.

3. Prices & Value-Added Tax

The prices listed in the respective online shop at the time of the order apply. All prices are in Swiss francs (CHF) and exclude statutory value-added tax (VAT), unless expressly stated otherwise.

Badertscher Tool AG reserves the right to adjust prices at any time in accordance with prevailing market conditions. The price at the time of the order is always decisive. Obvious pricing errors (typos, technical errors) are expressly reserved; in such cases, Badertscher Tool AG is entitled to cancel the order and inform the customer immediately.

4. Terms of Payment

Badertscher Tool AG accepts the following payment methods:

• Prepayment (bank transfer)
• Credit card (Visa, Mastercard)
• PayPal
• Cash payment upon pickup on site

For existing corporate customers with a commercial register entry, different payment terms may be agreed upon upon request.

Invoices are payable net upon receipt, without any discount, unless otherwise agreed in writing. In the event of late payment, Badertscher Tool AG is entitled to charge interest on arrears at market rates (at least 5% p.a.) and to bill the customer for any reminder and collection fees incurred.

If the customer defaults on payment or becomes insolvent, all outstanding amounts become due immediately, regardless of the originally agreed payment terms. In this case, Badertscher Tool AG is entitled to cancel outstanding deliveries or current orders with immediate effect and without prior notice.

The delivered goods remain the property of Badertscher Tool AG until full payment has been made (retention of title pursuant to Art. 715 of the Swiss Civil Code).

5. Shipping Costs & Delivery

Orders with a merchandise value of CHF 500.00 or more (excl. VAT) are delivered free of charge to your address within Switzerland and the Principality of Liechtenstein.

For orders below this minimum order value, a contribution toward shipping and packaging costs will be charged. The currently applicable flat-rate shipping fees are clearly displayed during the ordering process before the binding order is placed.

Delivery is made to the delivery address in Switzerland or the Principality of Liechtenstein provided by the customer. Deliveries to other countries are not offered.

The risk of loss or damage to the goods passes to the customer upon handover to the contracted shipping service provider (transfer of risk in sales by delivery pursuant to Art. 185 of the Swiss Code of Obligations).

6. Delivery Dates

Information regarding delivery dates is non-binding and serves merely as a guideline. Badertscher Tool AG assumes no liability for adherence to the stated delivery dates.

If a delivery date cannot be met, the customer will be informed immediately. In this case, the customer waives any claim for damages or compensation resulting from delivery delays, to the extent permitted by law.

For partial deliveries, no additional shipping costs will be charged for the part that has not yet been delivered, provided that the total order value reaches the free shipping threshold.

7. Right of Ownership

The delivered goods remain the property of Badertscher Tool AG (retention of title pursuant to Art. 715 of the Swiss Civil Code) until full payment of the purchase price, including all ancillary costs (shipping, late fees, etc.) (retention of title pursuant to Art. 715 of the Swiss Civil Code). The customer is not authorized to resell, pledge, or otherwise encumber the goods prior to full payment.

8. Force Majeure

Badertscher Tool AG shall be released from all contractual obligations if their fulfillment is prevented or significantly impeded by events of force majeure. In such cases, no remuneration or compensation shall be paid.

In addition to the cases generally recognized by case law, the following in particular are considered events of force majeure:

• Defects or shortages of raw materials
• Unforeseen operational interruptions at Badertscher Tool AG or at suppliers
• Strikes, lockouts, and industrial action
• Difficulties, interruptions, or delays in transportation
• Failure or malfunction of IT systems or internet infrastructure
• Government measures, embargoes, or state intervention
• Natural disasters, pandemics, epidemics
• War, terrorism, civil unrest

Badertscher Tool AG shall inform the customer immediately of the occurrence and the expected duration of such an event.

9. Right of Withdrawal / Right of Return

For online purchases made by consumers (private individuals acting in a non-commercial capacity), Swiss law generally does not provide for a statutory right of withdrawal. Any voluntary right of return is governed by Section 10 of these Terms and Conditions.

Badertscher Tool AG grants private customers, on a voluntary basis, the right to return stock items in unused and original packaging within 8 days of receipt, provided that the conditions set forth in Section 10 are met. This voluntary right of return does not establish any statutory rights and may be restricted or revoked by Badertscher Tool AG at any time.

10. Complaints & Returns

The customer is obligated to inspect the goods for completeness and condition upon receipt. Externally visible transport damage must be reported directly to the delivery person and documented.

Complaints regarding incorrect delivery (wrong item, wrong quantity, wrong size, defects in the condition of the goods) must be submitted in writing to Badertscher Tool AG within 8 days of receipt. Complaints submitted later cannot be considered, to the extent permitted by law.

In the event of an incorrect order placed by the customer, the goods will only be accepted for return upon express written confirmation by Badertscher Tool AG, and exclusively if:

• the goods are in their original packaging,
• are originally labeled and undamaged,
• can be proven not to have been worn, used, or washed,
• the item is a regular stock item.

Returns require prior written notification and may only be made after written approval by Badertscher Tool AG. The shipping costs for approved returns are entirely the responsibility of the customer. Returns are accepted up to 8 days after delivery.

The following items will not be accepted for return under any circumstances:

• Custom-made items (customized items, Flexi-Color items, special sizes, special colors)
• Items printed or embroidered specifically for the customer
• Underwear and thermal underwear, shirts, T-shirts, socks, and similar hygiene items
• Items from special sales and discontinued items
• Items that have been worn, used, or washed
• Digital content and software after delivery

All other returns are subject to a written request and will only be credited after written approval by Badertscher Tool AG.

11. Warranty & Guarantee

The statutory warranty is governed by the provisions of the Swiss Code of Obligations (Art. 197 et seq. CO). The warranty period is 5 years for immovable property and 2 years for movable property, starting from the date of delivery.

In the event of a valid complaint or a proven manufacturing defect, Badertscher Tool AG will, at its discretion, replace or repair the defective goods free of charge. Further claims by the customer—in particular for rescission, reduction, or damages—remain reserved to the extent that this cannot be excluded by law.

The warranty is void in the event of improper use, faulty assembly, mechanical damage, unauthorized modifications, or failure to follow the manufacturer’s instructions.

Manufacturer warranties are distinct from the warranty provided by us. They are granted directly by the manufacturer and are governed by the respective manufacturer’s terms and conditions. Badertscher Tool AG will facilitate such warranty claims to the best of its ability but is not liable for their fulfillment by the manufacturer.

12. Limitation of Liability

The liability of Badertscher Tool AG for indirect damages, consequential damages, lost profits, loss of production, or other economic losses is excluded to the extent permitted by law.

Badertscher Tool AG assumes no liability for verbal statements made by sales personnel or for information in catalogs, brochures, or other promotional materials regarding the properties, intended uses, or technical specifications of the goods, unless such information has been expressly designated as binding in writing.

Badertscher Tool AG is not liable for the content of linked external websites. The operators of such sites are solely responsible for their content.

The total liability of Badertscher Tool AG is in any case limited to the invoice value of the order in question, to the extent permitted by law.

13. Data Protection

Badertscher Tool AG processes customers’ personal data in accordance with the Swiss Data Protection Act (DSG, SR 235.1) and, where applicable, the European General Data Protection Regulation (GDPR).

The collected data (name, address, email, payment details, etc.) is used exclusively for order processing, customer communication, and—provided explicit consent has been given—for marketing purposes. Data will only be disclosed to third parties to the extent necessary for order processing (e.g., shipping providers, payment service providers) or where there is a legal obligation to do so.

Complete information regarding data processing, the rights of data subjects (right of access, rectification, erasure, restriction, data portability, objection), as well as the controller and the data protection officer, can be found in the separate Privacy Policy of the respective online store, which is published on the corresponding website.

14. Place of Jurisdiction & Applicable Law

These Terms and Conditions and all legal relationships arising therefrom between the customer and Badertscher Tool AG are governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws provisions of the IPRG.

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions or orders is Belp (Canton of Bern), provided that the customer is a merchant or a legal entity or has no general place of jurisdiction in Switzerland. Mandatory statutory provisions regarding the place of jurisdiction in favor of consumers remain reserved.

15. Severability Clause

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

16. Contact Information

If you have any questions regarding these Terms and Conditions, orders, complaints, or other matters, please contact:

Badertscher Tool AG
Aemmenmattstrasse 20
3123 Belp / Bern
Switzerland

Email: mail@b-tool.ch
Phone: 031 812 10 10
Commercial Register Number: CHE-113.997.864
VAT No.: CHE-113.997.864 MWST