General terms and conditions Tadeino KlG
Important Note
Due to the current corona situation with different circumstances in the various member states of the EU and Switzerland, as well as the currently high demand of transport companies, delivery delays of 10-15 working days may occur, for which we ask for your understanding. We will do our best to deliver the products as soon as possible.
1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between Tadeino Store KlG (hereinafter referred to as “Tadeino”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for physical products (hereinafter referred to as “products” or “goods”) purchased via our website www.tadeino.ch (hereinafter referred to as “Online Shop” or “Website”).
The website and Online Shop are operated by:
Tadeino Store KlG
Schickenstrasse 13
8157 Dielsdorf
UID-Nr. [1] CHE-415.489.853
E-Mail: [email protected]
Individual agreements concluded with the customer shall take precedence over these GTC. Opposing conditions of the customer are not recognized.
Tadeino Store KlG reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the Website. The relevant time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.
Please read these terms and conditions carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to conclude legally binding contracts and that you are at least 18 years old.
2. Conclusion of a Contract
The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the Online Shop. Tadeino expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for Tadeino.
The customer can place a binding order for the products selected by him/her via our Online Shop. The customer can put the products he/she selects into the “shopping cart”. This is not yet considered a binding order. An order shall only be deemed to be binding when the customer clicks on the button “order for a fee” on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary, before the binding final submission of the order.
An order confirmation is sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the information of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a contract of sale. By sending the order you confirm that you have read the terms and conditions and that you agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer.
After you have placed a binding order, Tadeino is free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded when the order is cancelled. Reasons for the rejection of an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is a justified reason to believe that the customer is acting contrary to these terms and conditions, individual contracts, fraudulent or other criminal activities, or for any other important reason.
When the order is accepted, a binding purchase agreement with the customer is concluded. This acceptance takes place by shipping the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products not available
All information about the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.
Our products are available as long as our stock lasts. If Tadeino discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the non-available products will not be concluded as the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer by e-mail accordingly.
4. Prices and Shipping Costs
Our products and prices correspond to those indicated on the Website. All prices are provided in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all additional charges and shipping costs, is displayed at the end of the ordering process. Depending on the delivery method, the following must be adjusted: For shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and must be paid by the customer.
By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.
Tadeino reserves the right to change the prices at any time. The products will be charged based on the prices offered at the time the binding order is placed.
5. Payment Conditions, Credit Rating
Orders are generally due for payment immediately.
The customer has the option to pay with the payment methods, available on the Website during the ordering process. These may change from time to time and vary from country to country. In addition, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods used by us (for example, to protect our credit risk only those that correspond to the respective credit rating). Tadeino is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
By choosing a payment method, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorizes Tadeino to accept or collect payments by the appropriate payment method. Should there be a chargeback, Tadeino shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Tadeino shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address details and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, Tadeino reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.
In the case of payment by invoice, the customer will receive the invoice with payment slip upon delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, Tadeino shall be entitled to charge its expenses for each reminder of at least CHF 50.00 and other costs associated with the collection, as well as the statutory default interest. Should it become necessary to initiate debt collection, we will charge an additional processing fee of at least 200 CHF.
6. Delivery Conditions
The delivery is generally made by the delivery service of the Swiss Post AG. For all deliveries the shipping costs are borne by the customer.
The products you order from our Online Shop and which are in stock will be delivered to you within 2-8 working days after receipt of full payment, depending on the destination.
If the products are marked as out of stock when the order is placed, Tadeino will make every effort to deliver the goods as soon as possible. Tadeino will make every effort to comply with the stated delivery times. However, Tadeino is not responsible for delays in delivery, regardless of their cause. We will inform you immediately of any delays in delivery that occur.
If the prevention of performance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his/her order. Further claims, in particular claims for damages, are excluded.
Should the delivery of the product fail through the fault of the customer, Tadeino may withdraw from the contract. Any payments made will be refunded immediately.
7. Retention of title
Tadeino remains the owner of the delivered products until they have been fully paid.
8. Right of revocation and return of goods
Requirements
For all purchases of our goods via our online shop (except for certain products; see the cancellation restrictions below), you as a consumer [2] have a right of cancellation within 14 days of receipt of the goods without giving reasons. You can withdraw from the contract within 14 days of receiving the goods by filling out this digital cancellation form and sending the goods back to our address below. The 14-day return period begins on the day after receipt of the goods and is met if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day.
The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete, intact and in the original packaging. The goods including the completed return slip must be returned to the following address:
Tadeino Store KlG
Schickenstrasse 13
8157 Dielsdorf
The return is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a package loss.
No return possible for:
· SALE items
· Wall stickers that have been opened by customer
· Products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery, e.g. opened hygiene items such as pacifiers
· Products ordered on customer’s request
· No original packaging available
· Original labels are missing
Consequences of the revocation
If you revoke the contract, and if the goods are properly returned, we will refund the total price paid by you, excluding delivery costs, without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract and the goods have been received by us. Refunds will be made according to the orginal payment method and will always be paid to the relevant account used for payment, unless expressly agreed otherwise with you; in no event will you be charged for this refund. Please ensure that you have access to the account specified, as Tadeino accepts no liability in this regard.
We may refuse to refund until we have received the goods back.
You will only be liable for any loss of value of the goods if such loss of value is resulting from the handling of the goods other than what is necessary to ascertain their condition, properties, and operation.
9. Notice of Defects, Warranty
Tadeino KlG warrants that the goods correspond to the warranted characteristics and that they have no defects that could affect their value or their suitability for the intended use.
After receipt of the products, the customer must immediately check them for correctness, completeness, and any damage. Defects or damage are to be reported to Tadeino within 5 working days to our e-mail address [email protected] and add corresponding photos. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the product will be deemed to have been approved and you will no longer be entitled to make any claims against us.
The warranty period is 2 years from receipt of the product, unless otherwise stated by the manufacturer. We will immediately forward your claim to the manufacturer of the damaged item and follow their instructions Products damaged through the buyer’s own fault are excluded from the warranty.
The customer’s warranty claims are limited to replacement delivery or rectification of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. Tadeino shall immediately forward the damage to the manufacturer of the damaged item and follow its instructions on replacement delivery or rectification.
For complaint notification or service questions, please contact us at our email address [email protected] with the order number and a description of the fault and other helpful information.
The defective product must be returned to the following address of Tadeino after an agreement via E-mail has been made with us:
TadeinoStore KlG
Schickenstrasse 13
8157 Dielsdorf
The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a lost package.
10. Complaints and complaints
We pay great importance to customer satisfaction. If you have any complaints or inquiries, you can reach us at any time and inform us of the exact problem. Please share photos evidencing the issue and provide the initial order number. We will endeavour to investigate your enquiries and complaints as quickly as possible and will contact you within 5 working days upon receipt of the documents or your complaint.
11. Registration for an account
When registering for a customer account you can find information about your completed, open and recently shipped orders and manage and store your address data, any payment data and a possible newsletter. Since your data is saved, you do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible to ensure that the personal data required for registration is truthfully and completely provided. You are obliged to treat the personal access data confidential and not to make it available to unauthorized third parties. Tadeino guarantees to treat your data confidential and not to pass them on to unauthorized third parties. Further information on data protection can be found in our data protection declaration under [Link].
The registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to warn, block or delete or change the content of registered customers who violate these terms and conditions or individual agreements.
Tadeino is not obliged to accept the registration or order of a registered customer.
12. Liability [3]
Tadeino is liable for breach of its own obligations arising from these GTC and the contractual relationships based on them for damages caused and proven through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on a contract, an unauthorized act or for any other reason. Indirect damage includes, for example, loss of profit, financial loss, damage to reputation or loss of data due to temporary impairment or interruption of the availability of our Tadeino services. Furthermore, Tadeino accepts no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.
The above mentioned exclusions and limitations of liability shall not apply in the event of culpable injury to life, body or health directly caused by Tadeino KlG or in the event of mandatory statutory regulations, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC shall be limited, irrespective of the reason, and to the extent permitted by law, to the price of the goods which the customer has ordered from us.
Matter beyond our control
In the event of a matter beyond our control (so-called force majeure), we do not assume any liability or responsibility for the non-fulfilment or delayed fulfilment of any obligations arising from these GTC and the contractual relationship based on them. An event outside our sphere of influence is considered, for example, in the following cases:
Strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.
Should an event occur outside our sphere of influence which affects the fulfilment of our obligations within the contract, we will inform you about it at the earliest possible time.
13. Data Protection
Tadeino collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection notice under [link], which forms an integral part of these GTC.
14. Copy Right
The information and content published on the Website are protected by copyright and are the property of Tadeino or the respective rights holder. Reproduction, processing, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. Tadeino and the respective rights holder expressly reserve all rights in this respect.
15. Severability Clause
If one of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract into account as far as possible. The same applies to possible gaps in these GTC.
16. Online Dispute Resolution [4]
The European Commission has set up an online platform for alternative dispute resolution (ADR) for EU-based consumers, which provides an out-of-court procedure for settling all disputes arising from and in connection with online sales contracts. You can use this platform to settle disputes arising from the online contract concluded with us. The platform is available under the following link http://ec.europa.eu/consumers/odr/.
17. Applicable Law and Venue
These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss substantive Law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Tadeino or the customer’s place of residence. For legal entities, the registered office of Tadeino shall be the exclusive place of jurisdiction.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his/her habitual residence which take precedence over these GTC.
[1] The UID no. is the company identification number that is published in the commercial register.
[2] Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons who act outside their commercial, business, craft or professional activity.
[3] Liability can also be in another form, within the legally permissible framework, in particular taking into account the elimination of liability due to a defect in the object of sale according to Art. 199 OR (according to which the elimination of liability is invalid if the seller provides the buyer with the warranty defects has fraudulently concealed) and the use of abusive terms and conditions according to Art. 8 UWG are regulated.
[4] The information obligation only applies to Swiss online retailers who also have a branch in the EU. On the other hand, it does not apply to Swiss online retailers who only sell their products to EU consumers.