GENERAL TERMS AND CONDITIONS
1. CONTRACT OBJECT
The following listed terms of delivery and sale shall govern the sale of the goods offered in the online shop by fin (a project of TOKTOK gmbh) and the customer (“you”).
2. CONTRACT CONCLUSION
The contract between you and fin is only concluded by an order from you and its acceptance by fin. Your order is made via internet. fin accepts the order by sending an order confirmation (by fax, e-mail or letter post) or delivering the ordered goods (incl. delivery note).
3. PRODUCT RANGE
All the information you get about the goods during the order process is non-binding. In particular, changes in design and technology which improve the functioning of an item as well as errors in description, illustration and pricing are reserved.
There are not offered any goods which do not correspond to legal provisions.
4. PRODUCT COLOURS
Please note that while we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate. If you should have questions about our products, contact us at firstname.lastname@example.org.
5. PRICES AND PAYMENT TERMS
All mentioned prices are indicated in Swiss Francs (CHF). The available payment methods are the stated credit cards and PayPal.
6. DELIVERY TERMS
6.1 Shipping to Switzerland and Liechtenstein: We deliver your order through our logistics partner Swiss Post to the delivery address stated by you.
You will receive your order within 2-3 working days (Monday-Friday). With the delivery confirmation you will receive a track & trace number for shipment tracking.
Shipping within Switzerland and Liechtenstein costs 9.00 CHF.
6.2 International shipping (outside Switzerland and Liechtenstein)
We deliver your order through our logistics partner Swiss Post to the delivery address stated by you. You will receive your order depending on the country within approx. 6-12 working days (Monday-Friday) within Europe or 10-25 working days outside Europe. The stated terms and delivery dates are not binding and we reserve the right to send the delivery delayed. With the delivery confirmation you will receive a track & trace number for shipment tracking.
The shipping costs CHF 19.00 within Europe or CHF 26.00 outside Europe and are added to the selling price and are borne by the buyer.
Important: It is possible that when shipping goods internationally duty, value added tax and import taxes will be charged. These have to be paid by the recipient upon the acceptance of the delivery.
7. RETENTION OF TITLE
The delivered goods remain the property of fin until complete payment is made. fin is entitled to make a corresponding entry in the retention of title register. If you default on payment of the purchase price, fin is entitled to withdraw from contract (resignation letter) and take the goods back into possession.
8. RETURN / RIGHT OF REVOCATION
8.1 General provisions
If you buy a product without a discount, you have the right to return or exchange the product under the terms mentioned in this section within 14 days after receipt of the good, if your order does not fit or you are not pleased with it. If you buy a product with a discount, this right lapses. The product is considered to be received on the date of delivery respectively the first attempted delivery.
Before every return please contact us email@example.com and state the reason why you return the product. The costs for the return are borne by the buyer. If you would like to exchange the product, please name the desired new product. The goods have to be returned in the original packaging with the delivery note to the following address:
fin – fin projects
Every returned product will be checked. Purchased goods must be returned without traces of usage. The returned product will be dismissed, if:
- the product shows visible traces of usage. Especially used, dirty or damaged products cannot be taken back.
- the product gets damaged due to the transport.
8.2 Exchange and refund of the purchase price
If you return a product and would like to exchange it, you get a credit in the value of the exchanged goods plus the shipping costs of the corresponding delivery.
If you return a product and do not want to exchange it, only the value of the exchanged goods without the original shipping costs will be refunded. The refund of the purchase price is made with the same payment method as the original payment reached us.
Important: If you return a product from outside Switzerland and Liechtenstein, any custom duties, taxes or import taxes as well as the original shipping costs will not be refunded.
fin commits itself to accuracy and basically delivers goods in a good quality. If the delivered goods have any defects, fin is entitled to repair them or deliver the good again. If the product cannot be repaired or delivered again, the customer has the option to receive either a price reduction or redhibition after the terms of the Swiss Code of Obligations. A possible refund is always made with the same payment method as the original payment was made. Excluded from any warranty are defects, which fin has not caused, as well as natural wear, force majeure, improper handling, tampering by the client or third parties, excessive usage or extreme environmental influences and any other comparable causes.
If nothing else arises from the provisions below, any claims of the buyer on other legal grounds are excluded. We are not liable for any damages that did not occur to the delivered goods themselves; in particular, we are not liable for lost profit or other financial damages to the buyer. The exclusion of liability to that extent shall also apply to the personal liability of employees, representatives and vicarious agents. The foregoing limitation on liability does not apply, if the cause of damage is based on intent or gross negligence or if personal injury has been inflicted or if the Product Liability Act is applied. The warranty period is 12 months, beginning with delivery. This period is a period of limitation and also applies to claims for compensation for consequential damages, as far as there are no claims from a tortious act.
In case of other breaches of duty we shall only be liable for intent and gross negligence. This limitation also applies to legal representatives, employees, salaried staff, staff members and vicarious agents of us.
10. INTELLECTUAL PROPERTY
fin reserves all rights for every design, text and graphics on their web page. Copying or any other reproducing of the complete website or parts of it shall be permitted only for order purposes regarding fin.
11. PLACE OF JURISDICTION AND APPLICABLE LAW
These terms and the contracts concluded under this agreement, are subject to Swiss law, excluding the UN sales law (CISG). Place of jurisdiction is at the registered office of fin.
12. SEVERABILITY CLAUSE
Should individual or several terms of this Agreement be or become ineffective or contain any gaps, this does not affect the legal effectiveness of the other terms. The invalid provisions or loophole will be replaced by an appropriate arrangement that comes as close as possible to what the parties appear to have intended
13. FINAL PROVISIONS
When selling goods in the fin online shop, the terms and conditions shall apply exclusively in the version at the time the contract is concluded. These Terms apply in particular if they should differ from those of the customer. Incidentally, fin reserves the right to change these terms and conditions any time.