General Terms and Conditions of Sale and Delivery of D&S Group GmbH for business customers. Last updated: September 2026.
These General Terms and Conditions (GTC) apply to all offers, sales and deliveries by D&S Group GmbH, Dietlikon, to business customers such as wholesalers and retailers, distributors and resellers. They do not apply to consumers.
Deviating or supplementary terms and conditions of the customer shall only apply if D&S Group GmbH has expressly agreed to them in writing.
Offers, price lists and product information are non-binding unless expressly designated as binding. A contract is concluded only upon D&S Group GmbH’s written order confirmation or upon delivery of the goods. Illustrations, dimensions and packaging details may vary slightly; changes by the manufacturers are reserved.
The prices stated in the order confirmation apply. Unless otherwise agreed, all prices are net in the agreed currency, ex warehouse, plus any applicable VAT, customs duties, levies, transport and insurance costs. Volume-based terms apply only if the agreed minimum quantities are purchased.
Invoices are payable without deduction within the period stated in the order confirmation. D&S Group GmbH may require payment in advance from new customers. In the event of late payment, D&S Group GmbH is entitled to charge default interest of 5% per annum, to withhold further deliveries and to declare all outstanding claims immediately due. Set-off against counterclaims is only permitted with the written consent of D&S Group GmbH.
The place of delivery, method of delivery and Incoterms are governed by the order confirmation; unless otherwise agreed, FCA D&S Group GmbH warehouse (Incoterms® 2020) applies. Benefit and risk pass upon handover of the goods to the carrier or the customer.
Delivery dates are indicative unless expressly agreed as binding. Partial deliveries are permitted. Delays in delivery due to supply shortages at the manufacturers, transport disruptions or force majeure do not entitle the customer to damages.
The goods delivered remain the property of D&S Group GmbH until paid in full, to the extent permitted under applicable law. D&S Group GmbH is entitled to have the retention of title entered in the competent register; the customer shall cooperate in this.
The customer must inspect the goods immediately upon receipt for quantity, damage and obvious defects. Transport damage must be noted on the delivery note or consignment note and reported to D&S Group GmbH without delay. Obvious defects must be notified in writing within 5 working days of receipt, and hidden defects immediately upon their discovery, with photos and the batch number. Goods for which no notice of defects is given in due time shall be deemed accepted.
In the event of justified notices of defects, D&S Group GmbH shall, at its own discretion, provide a replacement delivery, a supplementary delivery or a credit note. Further claims are excluded to the extent permitted by law. The warranty lapses in the event of improper storage, handling or modification of the goods and after expiry of any best-before date. Returns require the prior consent of D&S Group GmbH.
D&S Group GmbH is liable only for damage caused intentionally or through gross negligence. Liability for slight negligence, indirect damage, consequential damage and loss of profit is excluded to the extent permitted by law. In any event, liability is limited to the value of the delivery concerned. Mandatory liability under the Product Liability Act remains reserved.
For private label orders, the customer is responsible for the trademarks, designs, texts and information it supplies and shall ensure that these do not infringe any third-party rights and comply with the statutory labelling requirements in the target market. Print data and samples must be approved by the customer in writing prior to production. Minimum quantities, production times and tolerances for delivery quantities are specified in the respective offer. Custom-made products are excluded from exchange.
Events of force majeure such as natural events, pandemics, war, official measures, strikes, shortages of raw materials or significant transport disruptions release D&S Group GmbH from its obligation to perform for their duration. If such an event lasts longer than 60 days, either party may withdraw from the affected contract.
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These GTC are governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the registered office of D&S Group GmbH in Dietlikon, Switzerland. D&S Group GmbH is also entitled to bring proceedings against the customer at the customer’s registered office.
Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. Amendments and additions must be made in writing. D&S Group GmbH may amend these GTC at any time; the version valid at the time the contract is concluded shall prevail.
We will be happy to answer any questions about these terms at info@dsgrp.ch.
