General terms and conditions1 Validity of the conditions
The deliveries, services and offers of the online stores of TM TRADING GMBH (CH-020.4.027.798-6), Gewerbestrasse 6, 6330 Cham, are exclusively based on these general terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. General terms and conditions of purchase of the customer are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by TM TRADING GMBH.
2 Offer and conclusion of contract
The offers of TM TRADING GMBH in price lists and advertisements do not represent a legally binding offer, but an invitation to the customer to place an order which is binding for them.
By clicking the order button on the online store, the customer places a binding order for the products listed on the order page. TM TRADING GMBH confirms the receipt of the order immediately after its receipt. Orders are binding for TM TRADING GMBH only after written order confirmation. If it is determined after the order confirmation that the delivery of the goods is not possible or that there was a price error, the order will be cancelled or in case of price errors, if the goods have already been delivered, the price difference will be claimed from the customer. In case of price errors the customer is entitled to return the goods to TM TRADING GMBH, if the customer does not agree with the subsequent charging of the price difference. In any case the customer cannot assert any further claims against TM TRADING GMBH or a supplier.
The information in the sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated in writing as binding.
If a customer exceeds his credit limit by placing an order, TM TRADING GMBH is released from the obligation to deliver.
TM TRADING GMBH sells exclusively in accordance with the applicable Swiss weapons law and reserves the right to carry out an identity check before handing over or delivering the goods.
The prices stated in the order confirmation are decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the daily price on the day of the order shall apply. The prices are in Swiss Francs including the legal value added tax and if not otherwise agreed, plus transport costs. The current prices are published in the online store, price changes and errors excepted.
4 Delivery conditions
Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein, excluding customs exclusion areas.
Dates and delivery periods are non-binding, unless otherwise expressly agreed in writing. The indication of certain delivery periods and delivery dates by TM TRADING GMBH are subject to the correct and timely supply of TM TRADING GMBH by suppliers and manufacturers. The non-observance of delivery periods and dates does not entitle the customer to claim damages or to withdraw from the order.
5 Duty to test
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
Visible quantity differences must be reported immediately upon receipt of goods, hidden quantity differences within 4 days after receipt of goods to TM TRADING GMBH and the carrier in writing. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment of goods.
6 Default of acceptance
If the customer refuses the acceptance of the delivery items after the expiry of a grace period set to him or declares that he does not want to accept the goods, TM TRADING GMBH may refuse the fulfillment of the contract and claim damages for non-performance. TM TRADING GMBH is entitled to demand as compensation either a lump20 sum of % (at least60 .- CHF) of the agreed purchase price or the compensation of the actually occurred damage from the customer.
7 Transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the company executing the transport. If the shipment is delayed or becomes impossible through no fault of TM TRADING GMBH, the risk shall pass to the customer upon notification of readiness for shipment. An assumption of the transport costs by TM TRADING GMBH agreed in the individual case has no influence on the transfer of risk.
TM TRADING GMBH or the supplier/manufacturer takes over the guarantee for the faultlessness and the functionality of the ordered product during 2 years after the delivery or collection, if not expressly agreed upon something else in writing.
If the operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty/guarantee is void insofar as the defect is attributable to this. This also applies insofar as the defect is due to improper use, storage and handling of the devices, or third-party intervention as well as the opening of devices.
Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/applied batteries/applied or installed rechargeable batteries is excluded.
If a warranty or guarantee case occurs, the right to rectification, replacement, cancellation or reduction exists. TM TRADING GMBH shall have the right to choose the type of remedy. If TM TRADING GMBH decides for the conversion of the contract, a credit note is made at the current price (maximum the selling price at the time of the order).
The warranty period is not interrupted by a possible warranty or guarantee case, but continues to run.
No new warranty periods come into effect as a result of the replacement of parts, assemblies or entire devices.
Warranty or guarantee claims against TM TRADING GMBH are only entitled to the direct customer and are not transferable.
All further and in particular the statutory provisions on warranty are excluded.
9 Liability and disclaimer
Liability is governed by the applicable statutory provisions. However, TM TRADING GMBH shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, as well as (v) any acts and omissions of TM TRADING GMBH's auxiliary persons, whether contractual or non-contractual.
Apart from that, TM TRADING GMBH rejects liability in the following cases:
improper, non-contractual or unlawful storage, adjustment or use of the products;
Use of incompatible spare parts or accessories;
failure to maintain and/or improper modification or repair of the products by the customer or a third party;
force majeure, in particular damage caused by the elements, moisture, falling and impact etc., for which TM TRADING GMBH is not responsible, and official orders;
Consequential damage from the use of the products
A payment is considered to be made only when TM TRADING GMBH can dispose of the amount.
If the payment is not made within the above-mentioned period, the customer shall be in default of payment, whereby TM TRADING GMBH shall be entitled to charge interest at the rate of 5% per year from the point in time concerned. During the period of default TM TRADING GMBH is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim damages for the default of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations arising from the contract or if TM TRADING GMBH becomes aware of circumstances which are suitable to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In these cases TM TRADING GMBH is entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.
11 Change of order or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by the customer can be accepted by TM TRADING GMBH at its own discretion and TM TRADING GMBH will charge a handling fee of 20% of the cancelled order value, but at least CHF 60.00, as well as any loss in value of the cancelled products since their order.
If a (partial) delivery impossibility (resolving condition) occurs after an order or the conclusion of the contract in accordance with section 2, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delay or failure of delivery are excluded.
Customers have the right to return the goods during 10 days after their delivery. The right of return is exercised by returning the goods unused, undamaged, functional, complete and in perfect original packaging. In the case of clothes, the tags must not be removed or damaged.
Products, which TM TRADING GMBH has procured on customer's request, any hygiene articles as well as consumer goods (e.g. gas), clearance sale articles are excluded from the return in any case.
Exercising the right of return results in the conversion of the purchase agreement into a return relationship, under which the services received under the purchase agreement are refunded, provided that the return requirements are met.
After receipt of the goods they will be checked by TM TRADING GMBH. If the goods are unused, undamaged, functional, complete and in perfect original packaging, the customer will be refunded the purchase price paid to a Swiss bank account in the customer's name. Purchases paid with a voucher will be credited back in the form of a voucher. However, a deduction of the purchase price to be refunded or an invoice for shipping costs or C.O.D. charge of the goods remains reserved.
For all returns, TM TRADING GMBH requires that the goods be sent or delivered to TM TRADING GMBH with a completed return form and a copy of the invoice with which the goods were delivered.
The customer is in any case responsible for packing the goods to be returned in a transportable manner. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transport of the goods. The transfer of risk to TM TRADING GMBH will only take place with the arrival of the goods at TM TRADING GMBH.
13 Other provisions
13.1 Retention of title
The delivered goods remain property of TM TRADING GMBH until full payment.
13.2 Returns that cannot be allocated
Returns that cannot be assigned to a customer or returned to the customer will be kept for six months by TM TRADING GMBH and then disposed of.
13.3 Undeliverable warranty goods
If goods, which are in connection with the warranty/guarantee performance according to clause 8, cannot be returned, TM TRADING GMBH is entitled to dispose of the goods, in particular to dispose of them.
13.4 Returns storage
If returns are received which do not comply with the conditions set out in clause 12, they will be returned to the customer at the customer's expense. The shipping costs have to be paid in advance. If the shipping costs are not paid, the goods will be kept for six months by TM TRADING GMBH and then disposed of.
On the online store of TM TRADING GMBH used companies, brands, trademarks, images and logos are the property of their respective owners. The adoption and use of content from these pages, even in part, is prohibited without our written permission. Violations of copyright will be prosecuted under criminal and civil law, if necessary with the assertion of claims for damages.
TM TRADING GMBH undertakes to comply with the data protection regulations when processing customer data. Customer data is treated as strictly confidential and is not passed on to third parties.
13.7 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
13.8 Jurisdiction and applicable law
Zug ZG is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law. The Vienna Sales Convention is not applicable.
13.9 Final provisions
TM TRADING GMBH reserves the right to change the general terms and conditions at any time.