GTC
Scope of application
The General Terms and Conditions (hereinafter referred to as GTC) are an integral part of the contract between FORM AG, kreative Macher (hereinafter referred to as: Form AG or Form) and the buyer. They apply to all articles in the product range of Form AG's online webshop. Any deviating agreements between the parties must be made in writing in order to be valid. The version of the GTC in force at the time the contract is concluded shall apply (available at formcollection.ch/contact/gtc)
Conclusion of the contract
A contract is only concluded with the written (electronic) shipping or order confirmation by Form AG or with the actual delivery of the goods.
Prices / Shipping costs
Unless otherwise agreed, prices are quoted net excluding VAT in Swiss francs. All offers in the webshop are subject to change. Prices and product ranges are subject to change and errors excepted. Shipping costs will be charged additionally to the buyer.
Terms of payment
The goods can be purchased against prepayment, TWINT, credit card (VISA, MasterCard) or invoice. Form AG may exclude individual means of payment in general or for individual customers without further justification. Form AG reserves the right to carry out credit checks on customers by an appropriate credit assessment institute. The customer agrees to the forwarding of the necessary data. In the case of payment by TWINT, the TWINT terms of use of TWINT AG shall apply. In the case of payment by invoice, payment must be made within 30 days of the invoice being issued. Default interest of 5% shall be owed from the due date. From the 2nd reminder, an additional reminder fee of CHF 20.00 per reminder shall be charged.
Digital communication channels
By accepting the General Terms and Conditions, you agree that contract-related communication - such as delivery of the invoice - may take place in digital form, e.g. by e-mail.
Delivery
The delivery dates apply in accordance with the order confirmation or the delivery details in the online webshop. In the case of purchase by prepayment, TWINT and credit card, delivery will only take place after receipt of payment. The delivery costs are displayed in the shopping cart. Delivery is usually carried out by a transport service provider, delivered curbside. Deliveries to ar-free and duty-free areas are made free of charge to the valley station. Further transportation and assembly costs are not included in the prices, unless the parties agree otherwise. Delays in delivery do not entitle the customer to claim compensation for any resulting damage. Partial deliveries are permissible.
Retention of title
Form AG retains ownership of the purchased item until the invoice amount has been paid in full and is entitled to arrange for a corresponding entry in the register for retention of title at the buyer's expense. The buyer is obliged to inform Form AG immediately of any change of residence.
Reservation with regard to technical data and differences in color and structure
All information on weights, dimensions, capacity, load-bearing capacity, material type, etc. is non-binding. We reserve the right to make changes in form, color, material and changes in the sense of technical progress.
Right of withdrawal
For unused, as-new standard stock items, the buyer has the right to withdraw from the contract within 10 days. The period begins upon receipt of the goods. The return shipment must be made in undamaged condition and in the original packaging. The transportation costs shall be borne by the buyer. There is no right of withdrawal for articles already assembled by the buyer or for goods ordered at the customer's request, or for articles that are not part of Form AG's online range.
Inspection of the goods / notification of defects
The buyer is obliged to check the goods for completeness and integrity immediately upon receipt. Notification of defects must be made to Form AG immediately, at the latest within 8 days in writing (e-mail sufficient). Hidden defects must be reported to Form AG immediately, at the latest within 8 days of their discovery.
Warranty / Guarantee
The statutory warranty regulations apply with the following stipulations: The warranty period is generally 24 months. If a manufacturer's warranty with a warranty period of less than 24 months applies to products (e.g. one-year manufacturer's warranty) and a corresponding manufacturer's warranty is stated in the product description or in Form AG's offer, the warranty period corresponds to the duration of the manufacturer's warranty; however, the warranty period is at least twelve months. The customer must inspect the goods immediately after delivery and, if a defect is found, notify Form AG immediately in writing (e-mail sufficient), at the latest 8 days after delivery. Otherwise, the goods are deemed to be approved, unless the defect was not recognizable during the inspection. If such a defect becomes apparent later, the notification must be made immediately, at the latest one week after the defect becomes apparent to the customer; otherwise the goods shall be deemed to have been approved even in view of such a defect. For defects notified in good time, a replacement delivery or rectification of defects will be made at the discretion of Form AG. Form AG may refuse to remedy defects as long as the customer has not paid a reasonable part of the purchase price in consideration of the defect.
Warranty conditions
The warranty is guaranteed for a warranty period of two years. This applies if the material and workmanship are free of defects, but not for wear and tear.
Who is covered by the guarantee?
The guarantee applies both to consumers and to natural or legal persons who use our products for professional/commercial/private purposes, but only to the original purchaser on presentation of the original invoice or a copy of the invoice.
How long is the warranty valid for?
The warranty period begins on the invoice date and is valid for two years.
What benefits will I receive in the event of a warranty claim?
In the event of a warranty claim, you will receive from Form AG:
- a refund of the original purchase price
- a free repair of the product
a free replacement with an equivalent product
Form AG will bear the transportation costs for collection and return transport in the event of a repair, new delivery or replacement delivery within the first 12 months after delivery. After expiry of the 12 months, you must organize the collection at your own expense.
General regulations for warranty
How do I make a warranty claim?
Warranty claims must be made to Form AG before the warranty period expires. To assert a warranty claim, please contact us by telephone or in writing. Our returns and warranty advisory service will check whether there is a warranty claim and agree the next steps with you. A prerequisite for making a warranty claim is the submission of a copy of the invoice and, on request, photographs of the product and the defect in question.
Where do the guarantees apply?
Territorial scope of the guarantee: Switzerland and the Principality of Liechtenstein.
Does the warranty period start again after a warranty service?
In the event of a warranty claim, the warranty period continues and does not start again.
Liability for delivery damage
In the case of generic goods, risk and benefit are transferred as soon as the goods have been separated for shipment. In the case of manufactured goods, the benefit and risk are transferred to the buyer upon conclusion of the contract. The buyer is obliged to check the goods for completeness and defects upon delivery by the service partner. Delivery damage must be reported to the service partner immediately on site and a claim made against the service partner.
Data protection
The provisions of the Data Protection Act (DSG) apply. Further information is available at formcollection.ch/contact/privacy-policy.
Severability clause
Should individual provisions of these GTC, including these GTC, be invalid or unenforceable in whole or in part or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of this contract shall remain unaffected. The invalid or unenforceable provision shall automatically be replaced by a valid and enforceable provision whose effect comes closest to the economic purpose of the invalid or unenforceable provision. The same applies to unforeseen gaps in the GTC.
Applicable law / place of jurisdiction
Swiss law shall apply exclusively, excluding the conflict of laws provisions and the Vienna Sales Convention. The place of jurisdiction is Bern.
Validity / contractual partners
These GTCs are valid from 01.07.2025
FORM AG, kreative Macher
Milchstrasse 12
3072 Ostermundigen
+41 31 378 42 42
UID: CHE-104.842.091