General terms and conditions

§ 1 Scope

1. These general terms and conditions (GTC) apply to all offers, contracts, deliveries, installations, service and maintenance work and orders of Petro-Handels GmbH (hereinafter "Petro-Handels") towards its customers (hereinafter "the customer") — both in project business (including fuel station construction, fuel dispensers, service) and in the online shop at www.petrohandels.ch.
2. Where these GTC distinguish between project business and the online shop, this is expressly stated in the relevant provisions (in particular § 2.2, § 3 paras. 2 and 3, § 4 para. 13, § 6 para. 3, § 7 "Statutory sales warranty in the online shop" and § 15). The remaining provisions apply to both business areas unless their content indicates otherwise.
3. Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless Petro-Handels expressly agrees to their validity in writing.
4. These GTC also apply to all future business relationships with the same customer without the need for renewed express acceptance (global acceptance), as long as no newer version of these GTC applies.

§ 2 Offer and conclusion of contract

2.1 Project business and service (quotations)

1. In view of dynamic price developments for materials, Petro-Handels GmbH sometimes receives only daily or weekly prices from its suppliers. Offers are therefore non-binding and subject to change unless otherwise agreed.
2. Quoted prices are based on the quantities stated in the quotation. Design and material changes remain reserved, in particular where required by official regulations or changes to standards.
3. A quotation is intended exclusively for the company named therein and may not be used for tendering purposes or as a template for third parties without the written consent of Petro-Handels GmbH. Project and detailed documents, drawings and samples remain the property of Petro-Handels GmbH.
4. Any quotation is subject to approval by the competent authorities.
5. The supply/work contract is concluded as soon as Petro-Handels GmbH has confirmed the order in writing or by email and the customer has signed the order confirmation or confirmed it by email.
6. Specifically highlighted: if the customer neither signs the order confirmation nor objects to it within 10 days of receipt, the contract is deemed concluded by tacit acceptance. Petro-Handels GmbH draws express and clearly visible attention to this clause in the order confirmation.
7. Unless expressly listed, a quotation does not include: disposal fees for dismantled equipment, its parts or fuel-containing media; disposal of construction waste; deliveries and work not specifically listed; deliveries/work subsequently required by authorities; assistance with subsequent acceptance measurements; earthworks, masonry and electrical work; empty conduits for electrical/monitoring lines; permit fees, plan copies, reproducible copies and cadastral plans, including their procurement.

2.2 Online shop (petrohandels.ch)

1. The product presentations in the online shop constitute an invitation to the customer to submit an offer to purchase (shopping cart system). Minor deviations between the illustration/description and the goods delivered are possible.
2. By clicking the order button ("place binding order" or similar), the customer submits a binding offer. The contract is concluded as soon as Petro-Handels GmbH confirms the order by automatic or individual email or executes the order.
3. The special provisions in § 15 (withdrawal, returns and customer account) also apply to the online shop.

§ 3 Prices and terms of payment

1. In project business, the prices stated in the quotation or order confirmation apply. Terms of payment in project business are set out in the respective contract conditions.
2. Prices in the online shop on www.petrohandels.ch are net prices in Swiss francs (CHF) excluding value added tax. VAT at the applicable rate is shown separately in the shopping cart, in the order confirmation and on the invoice and is charged in addition. Shipping costs are charged in addition in accordance with § 4 para. 13; any additional costs arising from the chosen payment method are shown before the order is completed.
3. The following payment methods are available in the online shop: payment in advance by bank transfer; invoice for business customers after review by Petro-Handels GmbH or for activated customer accounts (§ 15.2), payable within 30 days net from the invoice date; and online payment with TWINT or card, where offered in the shop. Petro-Handels GmbH may refuse individual payment methods in specific cases, in particular payment by invoice. For payment in advance, the goods are dispatched or made available for collection once payment has been received.
4. Invoking defects does not release the customer from the obligation to pay on time, unless the claim is undisputed between the parties and Petro-Handels GmbH fails to remedy a justified notice of defects in due time — in this case the customer has a right of retention (Art. 82 CO) to the extent of the undisputed, due remedy of defects.
5. Default interest in accordance with the respective conditions is charged on payments not made in accordance with the contract.
6. The retention of title under § 10 applies to all deliveries.
7. Obvious pricing errors (e.g. due to technical faults in the online shop or transmission errors) entitle Petro-Handels GmbH to withdraw from the contract concerned; payments already made will be refunded without delay.
8. The customer may only set off its own claims against Petro-Handels GmbH if these are undisputed or have been finally established by a court, or if Petro-Handels GmbH has expressly agreed to the set-off in writing.

§ 4 Delivery, delivery periods and shipping

1. Agreed delivery periods are binding as soon as the customer has provided all information required by Petro-Handels GmbH.
2. Delivery periods and dates are subject to unforeseen events such as force majeure, strikes at suppliers, transport delays and delays resulting from transport damage.
3. In the event of rescheduling due to construction delays, the customer must inform Petro-Handels GmbH immediately; otherwise the customer bears the costs of storage, insurance, additional effort, risks and interest on capital.
4. Rescheduling due to delivery delays by sub-suppliers or supplying plants remains reserved.
5. If Petro-Handels GmbH depends on timely delivery by its own suppliers in order to be able to deliver, and such delivery fails for reasons for which Petro-Handels GmbH is not responsible, Petro-Handels GmbH may withdraw from the contract concerned. Petro-Handels GmbH will inform the customer without delay and promptly refund any payments already made; in this case there is no claim to damages, except in the event of intent or gross negligence on the part of Petro-Handels GmbH.
6. If the customer fails to accept a delivery that has been made available or notified at the agreed place or time without a reason for which Petro-Handels GmbH is responsible, the customer nevertheless remains obliged to make the agreed payment. Petro-Handels GmbH may store the goods at the customer's expense and risk; the liability of Petro-Handels GmbH for the goods ends when such default in acceptance occurs.
7. If the default in acceptance lasts longer than two months after the agreed delivery date and Petro-Handels GmbH has sent an unsuccessful written reminder referring to this clause, Petro-Handels GmbH may withdraw from the affected part of the contract without further formalities, subject to further claims.
8. Agreements on contractual penalties are excluded unless expressly agreed in writing.
9. In the event of late delivery, the customer is not entitled to damages or termination of the contract unless the delay is due to intent or gross negligence on the part of Petro-Handels GmbH or its auxiliaries; the right to withdraw from the contract after a reasonable grace period also remains reserved.
10. The method of delivery is set out in the respective conditions. Deliveries not made with Petro-Handels GmbH vehicles travel at the customer's risk; in the online shop, risk passes to the customer when the goods are handed over to the carrier, even if Petro-Handels GmbH has borne the shipping costs.
11. The customer is liable for equipment stored on its premises. Additional effort in the delivery schedule due to changes on the client's side is charged to the customer. The order confirmation of Petro-Handels GmbH is authoritative for the scope and execution of an order.
12. Partial deliveries are permitted insofar as they are reasonable for the customer; in this case shipping and packaging costs are charged only once.
13. In the online shop: delivery periods are as stated in the shop or in the order confirmation. Parcels are shipped at the shipping costs shown in the shop. Freight-forwarded goods (e.g. tanks and bulky or heavy items) are delivered on the basis of a quotation or in accordance with the freight calculation shown in the shop; delivery may be made only as far as the first accessible driveway/kerb. Details are given on the respective product page, in the shopping cart or in the order confirmation. Goods may also be collected from the Petro-Handels GmbH premises in Wallenwil.

§ 5 Installation and service work

1. The customer must draw the attention of Petro-Handels GmbH to statutory, official, local and other regulations concerning execution and installation.
2. Unless expressly agreed, the scope of delivery does not include earthworks, masonry and electrical work or monitoring lines.
3. Additional journeys, waiting times, additional work, additional deliveries and additional expenses caused by the client are invoiced separately.
4. For installations using heavy-duty anchors and dowels, the structure must have the prescribed strength.
5. Petro-Handels GmbH may refuse service work (maintenance, repair) that is not the subject of a prior written order. For regular inspections, the customer's signature on the work report constitutes an order with the same effect as a written repair order.
6. After each service visit, the work report must be signed and/or stamped by the customer; this confirms the proper execution of the work. Any reservations must be noted on the report; in the absence of a signature and reservations, the work is deemed accepted.
7. Complaints regarding service work or spare parts supplied as part of the service must be made in writing within 8 days of execution or receipt; after this period, the work and parts are deemed approved.
8. Unless a flat rate has been agreed, working time is charged per half hour or part thereof at the current rates.
9. Work orders with an order value of CHF 3'000 or more are only carried out after receipt of a down payment of up to 30 %. For projects with an execution period of more than one month, partial invoices may be issued according to construction progress.

§ 6 Acceptance and notice of defects

1. Competent employees of the customer must be available on site for commissioning and instruction.
2. Installation reports and any time-and-material reports must be signed by the customer; any notices of defects are recorded on the signed reports.
3. For deliveries without installation (including online shop orders), notices of defects and complaints must be submitted in writing or by email within 8 days of receipt of the goods.
4. Complaints regarding transport damage must be made immediately to the carrier involved and confirmed by a damage report.

§ 7 Guarantee and warranty

1. For equipment installed by Petro-Handels GmbH, the guarantee covers labour, travel time and parts.
2. At the customer's request, Petro-Handels GmbH undertakes to repair or replace, at its discretion, all parts proven to be defective. Replaced parts become the property of Petro-Handels GmbH.
3. The guarantee period is set out in the respective conditions and begins on the day of first commissioning or, for deliveries without installation (including online shop orders), on the delivery date (day of delivery or collection).
4. Guarantee work is carried out after fulfilment of the customer's undisputed and due payment obligations; a general right of retention of Petro-Handels GmbH in the event of outstanding, undisputed and due claims remains reserved (cf. § 3 para. 4).
5. Damage due to natural wear and tear (e.g. filters, hoses, nozzles) is excluded from the guarantee.
6. The guarantee lapses in the event of inadequate maintenance, failure to observe the operating instructions, defective installation work carried out by the customer, and violent damage caused by persons or force majeure. It also lapses if third parties have made unauthorised interventions on the equipment or if calibration or factory seals have been broken.
7. All earthworks, masonry and electrical work are excluded from the guarantee. Petro-Handels GmbH is not liable for consequential damage caused by defects insofar as it is due to slight negligence; liability for intent, gross negligence and for personal injury and damage to property used privately under the Product Liability Act (see § 8) remains reserved.

Specifically excluded from guarantee and warranty

• damage caused by improper use, failure to observe the operating instructions or unauthorised interventions by non-authorised persons;
• failures due to lack of fuel, operating medium or power supply, or due to fuses not replaced or circuit breakers not reset;
• damage caused by adverse weather conditions (flooding, lightning, frost, storm) or other events of force majeure;
• changes to the electrical, water or other infrastructure not carried out by Petro-Handels GmbH;
• components or equipment not purchased directly from Petro-Handels GmbH, even if installed together with products supplied by Petro-Handels GmbH.

In these cases, Petro-Handels GmbH charges travel time, working time and spare parts at the current rates.

Statutory sales warranty in the online shop

For goods purchased in the online shop, a warranty period of 12 months from the delivery date (day of delivery or collection, cf. § 7 para. 3) applies; damage due to normal wear and tear is excluded.

If a defect for which Petro-Handels GmbH is responsible occurs within this period, the customer is initially entitled to repair or replacement. If the replacement delivery also fails, the customer has the statutory rights of rescission or price reduction under Art. 205 et seq. CO.

§ 8 Liability

1. Petro-Handels GmbH is liable for damage based on slight negligence only within the scope of the guarantee and warranty provisions set out in these GTC; any further liability for slight negligence is excluded to the extent permitted by law.
2. Liability for intent and gross negligence (Art. 100 CO) and for personal injury and damage to property used privately under the Federal Act on Product Liability (Art. 8 PLA) remains unaffected — this liability cannot be excluded.
3. Petro-Handels GmbH is not liable for indirect damage, loss of profit and pure economic loss to the extent permitted by law and unless there is intent or gross negligence.
4. Petro-Handels GmbH accepts no liability for the constant, uninterrupted availability of www.petrohandels.ch or for technical faults in the online offering, unless these are due to intent or gross negligence.

§ 9 Right of termination for breach of duty

If the customer breaches material obligations under these GTC or under a specific contract, Petro-Handels GmbH is entitled to terminate the contract concerned and other contracts in force between the parties with immediate effect, or to treat them as terminated, without prejudice to any further claims for damages by Petro-Handels GmbH.

§ 10 Retention of title

Petro-Handels GmbH retains title to the delivered item until full payment has been made (project business and online shop). The customer is obliged to cooperate in measures required to protect the retention of title (e.g. entry in the register of retention of title).

§ 11 Copyright and confidentiality

Copyright and ownership of all documents such as drawings, calculations, quotations, brochures, etc., as well as the technical know-how expressed therein, remain with Petro-Handels GmbH.

The documents are provided to the recipient in confidence and may not be copied or made accessible to third parties without written permission. Attention is drawn to the legal consequences of unlawful use. Upon request, the drawings and all documents must be returned to Petro-Handels GmbH.

§ 12 Data protection

Petro-Handels GmbH processes personal data (e.g. from quotation requests, orders, online shop orders and enquiries) in accordance with the Swiss Federal Act on Data Protection (revFADP). The purpose, scope and legal basis of the processing as well as the rights of the data subjects are described in the separate privacy policy on www.petrohandels.ch.

§ 13 Force majeure

Neither party is liable for non-performance or delay in performing its obligations under these GTC or a specific contract to the extent that this is due to circumstances beyond its control which it could not reasonably foresee or avert (force majeure) — in particular natural events, fire, war, terrorism, riots, epidemics/pandemics, official or court orders, industrial action and non-culpable failures by upstream suppliers of Petro-Handels GmbH.

If a force majeure event lasts longer than two months and performance of the contract concerned thereby becomes economically unreasonable, either party may withdraw from the affected part of the contract; services already rendered are invoiced at the agreed rates. The customer's obligation to pay amounts already due and undisputed on time remains unaffected by a force majeure event.

§ 14 Legal compliance and anti-corruption

1. Petro-Handels GmbH and the customer undertake, in connection with these GTC and the underlying contracts, to comply with all applicable regulations to combat corruption, bribery and the granting of undue advantages (in particular Art. 322ter et seq. of the Swiss Criminal Code and the Federal Act against Unfair Competition, UCA). Neither party may offer, promise, grant, solicit or accept unlawful advantages in connection with the contractual relationship.
2. A breach of para. 1 entitles the other party to terminate the contract concerned and other contracts in force between the parties with immediate effect, or to treat them as terminated, without prejudice to any further claims for damages (cf. § 9).

§ 15 Special provisions for the online shop: withdrawal, returns and customer account

15.1 Withdrawal and returns

In Switzerland — unlike in the EU — there is no general statutory right of withdrawal for online purchases. A contract concluded via the Petro-Handels GmbH online shop is binding once concluded in accordance with § 2.2. For stock items, Petro-Handels GmbH voluntarily grants a 14-day right of return under the following conditions:

1. Returns must be announced to Petro-Handels GmbH by email within 14 days of receipt of the goods; goods are only taken back after confirmation by Petro-Handels GmbH.
2. The goods must be returned unopened, unused, complete and in their undamaged original packaging, and must be resaleable.
3. Excluded from the right of return are goods specially manufactured, configured, adapted or made to measure for the customer (e.g. nozzles and hoses built to a configuration), as well as goods not supplied from stock but ordered for the customer from the manufacturer or supplier. On request, Petro-Handels GmbH will confirm before ordering whether an item is supplied from stock.
4. The costs and risk of the return shipment are borne by the customer. After receipt and inspection of the goods, Petro-Handels GmbH refunds the purchase price within 14 days via the original means of payment or as a credit note; the original shipping costs are not refunded.
5. The statutory warranty rights under § 7 remain reserved.

15.2 Customer account (B2B login)

1. Petro-Handels GmbH may set up a customer account for the online shop for business customers. Accounts are activated by Petro-Handels GmbH at its own discretion; there is no entitlement to activation. Petro-Handels GmbH may restrict or block a customer account at any time; contracts already concluded remain unaffected.
2. Login takes place via a personal login link sent to the email address stored in the customer account. The customer keeps access data and login links secret, does not pass them on to third parties and informs Petro-Handels GmbH immediately if misuse is suspected. Orders placed via the customer account are deemed to be orders of the customer unless the customer proves that the misuse is not due to a breach of these duties of care.
3. Customer prices, discounts and conditions shown in the customer account are individually agreed and confidential; they may not be disclosed to third parties. They apply to orders placed via the customer account unless otherwise agreed; § 3 applies otherwise.
4. The customer keeps the information stored in the customer account (in particular company, contact persons, email and delivery addresses) up to date. The processing of account data is governed by § 12 and the privacy policy.

§ 16 Applicable law and place of jurisdiction

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (Vienna Convention, CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the underlying contracts is the registered office of Petro-Handels GmbH, unless mandatory statutory provisions (in particular in favour of consumers) provide otherwise.

If the customer has no general place of jurisdiction in Switzerland, moves their domicile abroad after conclusion of the contract, or if their domicile is unknown at the time the action is brought, the registered office of Petro-Handels GmbH shall also be the agreed place of jurisdiction.

§ 17 Final provisions

1. Communication is also deemed to be "in writing" within the meaning of these GTC if it is made by email, unless the law mandatorily requires a different form (e.g. handwritten signature).
2. Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
3. Petro-Handels GmbH may amend these GTC at any time with effect for future contracts; the version published on www.petrohandels.ch or enclosed with the quotation at the time the contract is concluded shall apply. Each version bears a version designation and a validity date (see title page).