Terms and Conditions
1. General Provisions
The Terms and Conditions (T&C) govern the relationship between Bethell Trading and its customers. They form an integral part of any contract formed between Bethell Trading and the customer. Bethell Trading explicitly excludes the application of any general terms and conditions of the customer. Amendments or supplementary agreements to these T&C require a written form and a valid signature from Bethell Trading to be effective.The company owns and operates the platform www.develop2serve.ch over which materials for emergency services and the military are distributed.
Bethell Trading reserves the right to amend the T&C. The version valid at the time of the order applies.
2. Conclusion of Contract
Offers provided by Bethell Trading to the customer (including information on the webshop, etc.) are non-binding invitations to make an offer. A contract between Bethell Trading and the customer is concluded only when the customer places an order and Bethell Trading accepts it. Bethell Trading agrees with the order by confirming it in writing (including by email) or by delivering the goods within 20 business days. Acceptance of the order is distinct from confirming receipt of the order in electronic commerce.
Orders requiring prepayment are only deemed accepted by Bethell Trading when payment has been made in full within the timeframe specified on the invoice, and Bethell Trading has confirmed the order in writing (including by email).
Statements about product availability are non-binding and may be subject to change by Bethell Trading. Bethell Trading reserves the right to make design changes.
3. Prices
All prices are quoted in Swiss francs, excluding VAT. Fees, duties (including customs), and costs for shipping, packaging, and insurance are not included and are borne by the customer.
The price in the online shop at the time of the order is decisive. Should changes detrimental to Bethell Trading arise after the conclusion of the contract due to exchange rate fluctuations, increased fiscal or customs duties, etc., Bethell Trading reserves the right to adjust prices accordingly.
4. Payment Terms
Payment is due within 30 days of receipt of the invoice. The customer's right to offset claims is hereby excluded.
All deliveries are made only against prepayment. If the customer fails to make payment within the specified period, Bethell Trading may immediately withdraw from the contract.
5. Payments by Credit Card
Payments made via credit cards may be processed abroad. Any resulting fees (e.g., foreign currency fees) are to be borne by the customer.
6. Delivery
The stated and agreed delivery times are guidelines only and are non-binding. Bethell Trading reserves the right to make partial deliveries.
Unforeseen operational disruptions, delays, or non-delivery by suppliers, shortages of labor, energy, or raw materials, strikes, lockdowns, difficulties in procuring transportation, traffic disruptions, government orders, and similar events, as well as cases of force majeure, release Bethell Trading from its delivery obligations for the duration and scope of the disruption. If it becomes apparent that delivery is impossible or delayed by more than three months due to such events, Bethell Trading reserves the right to cancel the contract in whole or in part. In this case, the customer may request a refund of payments already made, provided that any delivered goods are returned. Claims for damages due to delivery delays are expressly excluded.
7. Cancellation
Bethell Trading may cancel an order at any time without providing a reason. In the event of cancellation, Bethell Trading reserves the right to pass on all related costs to the customer.
8. Transfer of Risk
Risk transfers to the customer upon handover of the goods to the shipping provider. Bethell Trading accepts no liability for transportation damages or loss during transit.
9. Notice of Defects and Complaints
Complaints regarding defects, incomplete or incorrect deliveries, must be made in writing within 5 days of receipt of the delivery, provided such issues are reasonably detectable through inspection of the goods. If the customer fails to inspect the goods or notify defects within this period, the delivery is deemed accepted.
If defects that could not have been reasonably detected during inspection (so-called hidden defects) arise after the 5-day period, the customer must notify Bethell Trading in writing within 5 days of discovery. Otherwise, the goods are also deemed accepted concerning these defects. The warranty period for defects is 1 year from the date of delivery. Bethell Trading is liable for defects only within the scope of the warranty provisions below. Further claims, especially for damages, are excluded to the extent permitted by law, even if the notice of defect is timely.
10. Warranty and Liability
Warranty claims must be explicitly asserted by the customer. During the 1-year warranty period starting from delivery, Bethell Trading offers a warranty only for defects demonstrably caused by faulty materials, design errors, or poor workmanship. Exclusions from the warranty include parts subject to normal wear and tear, damage due to inadequate maintenance, non-compliance with operating instructions, and force majeure. Specifically excluded are fraying of materials, seam separations, and fabric delamination. Warranty claims are void if the customer or third parties make changes or repairs without Bethell Trading’s written consent. If a warranty claim is valid, Bethell Trading will, at its discretion, repair or replace the defective items. The customer bears the cost of returning defective goods to Bethell Trading. Replaced parts become the property of Bethell Trading. To the extent permitted by law, Bethell Trading disclaims any further liability, especially for damages directly or indirectly caused by the goods themselves, their use, or their defects.
11. Exclusion of Further Liability by Bethell Trading
All claims by the customer, regardless of their legal basis, are conclusively regulated in these provisions. In particular, all claims for damages, price reductions, rescission (including based on mistake), or contract termination are excluded unless explicitly stated otherwise. Under no circumstances is the customer entitled to compensation for damages that did not occur to the delivered goods themselves, such as loss of orders, lost profits, or other indirect or direct damages.
12. Severability Clause
Should any provision of these T&C be deemed invalid or unenforceable in whole or in part, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the intended economic purpose.
13. Applicable Law and Jurisdiction
Only substantive Swiss law applies, excluding the CISG.
The exclusive place of jurisdiction for all disputes arising from or related to the contract between Bethell Trading and the customer, including its formation, validity, binding effect, breach, or termination, is Ittigen, Switzerland.
However, Bethell Trading reserves the right to sue the customer at their place of residence or business.