General Terms and Conditions (GTC)
1. Scope
These General Terms and Conditions (hereinafter referred to as GTC) regulate the business relationship between the customer and Swiss Freight (C. Grob GmbH, Archplatz 4, 8400 Winterthur, Switzerland, hereinafter referred to as Swiss Freight) when using the range of services. The range of services offered by Swiss Freight is described in the current, published communication media and can be viewed at www.swiss-freight.ch.
2. Warranty
Swiss Freight reserves the right to open customer packages, for example to randomly check the correctness of the goods shipped or for other reasons.
Swiss Freight reserves the right to exclude customers from the offer without giving specific reasons.
3. Scope of Services
The scope of Swiss Freight's service includes receiving the customer's order at the warehouse in the USA, storing the product in the USA until the next transport date, transporting the product in a container by ship to Switzerland, importing it into Switzerland and organizing delivery to the customer in Switzerland.
Import fees such as value added tax (VAT) and customs duties as well as shipping costs for delivery of the package within Switzerland are additionally payable by the customer. The respective costs are recorded at the time of occurrence and invoiced to the customer.
4. Conclusion of contract
A contract for the transport of the product purchased by the customer from third-party suppliers to Switzerland is concluded when the customer completes and successfully submits the corresponding order form on the Swiss Freight website ( www.swiss-freight.ch/bestellungen ).
5. Orders
5.1 Obligations of the Customer
During the ordering process, the customer provides the required information about his purchase and thereby ensures a smooth transport process, especially when exporting and importing his goods.
The customer undertakes to clarify the transport possibility of packages with an estimated size (length + width + height) of more than 300 cm and/or a weight of more than 50 kg by contacting Swiss Freight directly using the contact form ( www.swiss-freight.ch/kontakt ).
The customer ensures that he complies with the legal regulations within the USA as well as in Switzerland at all times. This includes ensuring in particular that the goods he orders can be legally purchased and owned in both the USA and Switzerland. Furthermore, regulations regarding postal delivery within the USA must be observed. In addition, it is the customer's responsibility not to order any products whose import into Switzerland is prohibited.
Swiss Freight reserves the right to open customer packages at random or if there is reasonable suspicion and to check the legality of the information provided during the ordering process.
In the event of a violation of the applicable legal requirements, Swiss Freight will fully cooperate with the authorities involved in the service process.
The customer will inform Swiss Freight promptly of any changes to his order (e.g. in the event of cancellation by the seller or the buyer).
The customer is obliged to pay the final transport costs plus import fees (e.g. VAT and customs duties) as well as the costs for transport within Switzerland, in full within 30 days of the issue of the corresponding invoice.
6. Lieferungen
Swiss Freight's offer is aimed exclusively at customers in Switzerland. The shipping and delivery data published by Swiss Freight are forecasts and not definitive promises. Due to weather conditions and other unforeseeable events, delays are to be expected, particularly in shipping.
6.1 Delivery
The packages are delivered to the customer after customs clearance using the delivery option selected by the customer during the ordering process. The customer must inform Swiss Freight in good time of any different delivery requests.
Consignments containing contents whose transport is prohibited by law in Switzerland and/or the USA, or which could cause personal injury or damage to property, or which could significantly impair operations, are excluded from transport.
7. Terms of payment
7.1 Prices
The prices in the current, published communication media apply ( www.swiss-freight.ch/preise ).
The price of the service provided by Swiss Freight includes the transport of the goods from the USA to Switzerland, customs clearance and the organization of the final delivery. The price charged is determined by the size of the package to be transported and the value of the goods to be transported. Swiss Freight offers a price calculator at www.swiss-freight.ch/preise which calculates an estimated price. The final price is determined when the packages are loaded into the shipping container and communicated to the customer.
Not included in the price are duties incurred when importing the goods, in particular VAT and customs duties, as well as the delivery of the goods within Switzerland by a third party.
7.2 Payments
The entire cost is to be paid to Swiss Freight when the shipment arrives at the customer, unless other payment methods are agreed. An invoice with a 30-day payment period will be sent separately.
If the customer does not comply with the payment request on time and to the extent owed, Swiss Freight reserves the right to charge a reminder fee and, if necessary, to take legal action.
7.3 Payment differences
If the sender has paid too much for the transport of a shipment, he is entitled to a refund of the difference. If he has paid too little for the transport of a shipment, Swiss Freight is entitled to demand the difference between the amount owed and a processing fee.
8. Returns
The customer can instruct Swiss Freight to inspect the condition of the order after it arrives at the warehouse in the USA and, if necessary, to organize the return of a package as long as it is still in the USA.
Swiss Freight does not offer returns of goods that are already in Switzerland.
9. Liability
9.1 Principle
Unless otherwise provided below, Swiss Freight’s liability shall be governed by the provisions of the Swiss Code of Obligations.
The sender is liable for all damage caused to Swiss Freight or third parties as a result of shipments being excluded from transport or non-compliance with shipping regulations.
9.2 Ausnahme von der Haftpflicht
Swiss Freight is not liable:
in case of force majeure;
if it cannot provide evidence of the whereabouts of the consignments because the official documents were destroyed by force majeure and liability cannot be proven otherwise;
if the damage is due to the fault or negligence of the sender or to the nature of the contents of the shipment;
if the consignment has been excluded from carriage pursuant to paragraph 6.2 or has been confiscated or destroyed by the competent authority;
if shipments are delivered later than the published delivery time; and
if the packaging is not suitable for the contents of the shipment.
All limitations of liability also apply in the event that Swiss Freight engages auxiliary persons or third parties (e.g. forwarding companies, shipping companies) to fulfil the contract.
9.3 Verwirkung der Haftungsansprüche
By accepting the shipment without reservation, all claims against Swiss Freight expire. The statutory deadlines for hidden defects remain reserved.
9.4 Customs decisions
9.5 Customer Liability
Swiss Freight assumes no liability for customs declarations or decisions made by domestic or foreign customs authorities when inspecting shipments.
The customer is liable for all damage caused to Swiss Freight or third parties due to shipments excluded from transport or non-compliance with shipping regulations.
The customer’s liability remains even if Swiss Freight accepts such a shipment.
The customer is liable for all government charges related to the transport.
9.6 Special provisions for foreign countries
10. Data Protection
11. Legal information
6.1.1 Zustellzeitpunkt und Zustellungsort
Die Sendung gilt als zugestellt, wenn die Sendung dem Empfänger durch die Schweizerische Post, Planzer oder einem vom Empfänger gewählten Zustelldienst übergeben wurde oder wenn die Sendung vom Empfänger persönlich abgeholt worden ist. Für die Zustellung der Sendung durch einen Drittanbieter gelten deren Allgemeine Geschäftsbedingungen für die durch ihn erbrachte Dienstleistungen.
6.1.2 Eligibility
In principle, only the person ordering the shipment who is registered as a customer with Swiss Freight is entitled to receive the shipment. Substitute solutions in the event of personal collection of the shipment are listed in the Substitute chapter. The eligibility provisions of the relevant provider apply to the delivery of the shipment by third-party providers (e.g. Swiss Post).
6.1.3 Representation
If the customer collects the goods in person, they can be represented by a third party to Swiss Freight. Swiss Freight reserves the right to request a written power of attorney.
6.2 Consignments excluded from carriage
9.6.1 Regulations on customs clearance, export and import as well as data exchange
When ordering from Swiss Freight ( www.swiss-freight.ch/bestellen ), information about the shipment must be provided completely and truthfully for customs clearance. The customer must comply with the export and import regulations as well as the customs regulations of the country of departure and destination.
By entering data or submitting a shipment, the customer agrees that shipment data that is available to Swiss Freight in electronic or physical form can be exchanged by Swiss Freight in electronic form with the relevant domestic and foreign postal or customs authorities or with the authorities responsible under local law for the purpose of providing services, tracking shipments and customs clearance. The data protection principles of the country in question apply in each case.
9.6.2 Liability for shipments excluded from carriage
In addition to the consignments mentioned in clause 6.2, consignments are excluded from carriage which:
contain items that Swiss Freight generally excludes (e.g. money, weapons, weapon accessories and ammunition);
contain at least one item the import or circulation of which is prohibited in the country of destination.
It is generally the customer's responsibility to inquire about import and export options with the relevant authorities in the destination country or their diplomatic missions. Swiss Freight accepts no responsibility in this regard.
Data protection is discussed here .
In the event of any dispute, the place of jurisdiction shall be the location of Swiss Freight's branch. However, Swiss Freight is entitled to assert its claims in court at the customer's place of residence.
Swiss law applies.
The General Terms and Conditions serve to supplement applicable provisions of Swiss law.