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Terms of service
General Terms and Conditions
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
Consumers are persons who purchase goods or services for purposes that are not related to their commercial or professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract shall be concluded with TeeGschwendner GmbH.
By placing the products in the online shop, we submit a binding offer to conclude a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English. French
We save the text of the contract and send you the order data and our GTC in text form. You can view the contract text in our customer login.
4. Delivery conditions
4.1 Delivery area
We deliver within Switzerland.
4.2 Shipping costs
Standard shipping is free of shipping costs from an order value of CHF 49 incl. VAT.
4.3 Delivery options
We ship the products to the delivery address specified in the order process.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
5.1 Prices
The prices stated at the time of the order shall apply. These are total prices and include statutory VAT.
5.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you interest on arrears at a rate of nine percentage points above the ECB base rate and a lump sum of CHF 40. Further claims remain unaffected by this.
5.3 Payment methods
The following payment methods are available in our shop.
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (‘Google’), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay
To be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (‘Apple’), you must use the ‘Safari’ browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
6. right of cancellation
You are entitled to the voluntarily granted right of cancellation as described in the cancellation policy.
7. retention of title
The product remains our property until full payment has been made. We are authorised to make a corresponding entry in the retention of title register.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
9 Warranty and guarantees
9.1 Warranty for defects
Unless expressly agreed otherwise below, the statutory warranty rights apply.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
You should check the condition of the item received as soon as practicable in the normal course of business and, if there are any defects for which the seller is liable, notify the seller immediately. If you fail to do so, the purchased item shall be deemed to have been approved, unless the defects were not apparent during a normal inspection. If such defects become apparent later, notification must be made immediately after discovery, otherwise the item shall also be deemed to have been approved with regard to these defects.
Notwithstanding the above, if defects in an item that has been integrated into an immovable structure in accordance with its intended use have caused the structure to be defective, these defects must be reported within 60 days. Defects that were not apparent during the customary inspection must be reported within 60 days of their discovery.
You must return the defective product to us with a detailed description of the defect. You shall bear the transport costs incurred. We provide a warranty by rectifying defects. This is done at our discretion either by rectifying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). If the subsequent fulfilment fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The right to a price reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO), etc.
The following restrictions and shortened time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of wilful or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act applies.
Restrictions for consumers
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
Restrictions vis-à-vis entrepreneurs
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and objections by e-mail at support@teegschwendner.ch
10. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of wilful or grossly negligent breach of duty
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. code of conduct
We have subjected ourselves to the following codes of conduct:
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Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
12. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are an entrepreneur, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.