Your purchase contract is with the company tognella.com,
Buendtenweg 22, 5064 Wittnau
Phone: +41 (0)79 874 95 55
Email: [email protected]
1. scope of application
1.1 For all claims arising from and in connection with the conclusion of a contract between the customer and tognella.com in the case of catalogue and online mail order business, these General Terms and Conditions shall always apply in the version valid at the time of the respective conclusion of the contract,
1.2 In the event of conflicts, the order of precedence shall be between the regulations:
1. special terms and conditions of the individual services;
2. these general terms and conditions;
3. legal regulation.
tognella.com concludes contracts with customers who:
a) who have reached the age of 18 and are capable of acting, as well as with
b) legal entities, in each case domiciled in Switzerland or in a Member State of the European Union
(hereinafter referred to as “Customers”). As far as the offer of an unaccepted customer has been accepted by tognella.com by mistake, tognella.com is entitled to declare the withdrawal from the contract to the customer within a reasonable period of time.
3. subject matter of the contract
tognella.com delivers the goods ordered by the customer or provides services within the framework of the acceptance of the offer. In the event of cancellation, tognella.com is obliged to immediately credit any deposits and/or advance payments made or, if requested, to refund them by bank transfer.
4. conclusion of contract
4.1 – The contract is concluded after acceptance of the customer’s order by tognella.com.
Acceptance by tognella.com takes place with the receipt of the goods by the customer after shipment of the goods by tognella.com or with the execution of the service at the customer by tognella.com. If the customer orders via internet, tognella.com will immediately confirm the receipt of the order electronically. However, the order confirmation does not yet constitute acceptance of the contract.
4.2 – The contractual language is German.
5. lack of availability of ordered goods or services
Should tognella.com discover after receipt of the order that the ordered goods or services are no longer available at tognella.com, any payments already made will be refunded immediately. tognella.com can send or offer or provide goods or services to the customer that are equivalent in quality and price. In this case the customer is not obliged to accept the goods. The costs of any return shipment will be borne by tognella.com.
6. delivery/shipping costs
6.1 – Unless otherwise agreed by the parties as to the time of delivery, tognella.com shall deliver the goods by transferring physical possession or control of the goods to you, the customer, without undue delay but not later than 30 (thirty) days from the date of the contract.
6.2 – If tognella.com has not fulfilled its obligation to deliver the goods at the time agreed with you as the customer or within the period referred to in paragraph 1, you as the customer shall require tognella.com to make delivery within an additional period which is reasonable in the circumstances. If tognella.com does not deliver the goods within this additional period, you as the customer are entitled to withdraw from the contract.
6.3 – Subject to self-delivery, tognella.com will ensure prompt delivery. If part of the order is not immediately available, the remaining goods will be delivered at a later date without charging the transport fee again.
6.4 – The postage and packaging costs depend on the order value and the logistics services requested.
6.5 – Some products imported by tognella.com from the USA and/or manufactured in the USA are subject to US and other, in particular German, export control regulations. The customer is responsible for compliance with export control regulations and undertakes to obtain all necessary export licenses or other required documents at his own expense before exporting products and/or technical information received from tognella.com.
The customer further undertakes not to sell, export, re-export, deliver or otherwise pass on products or technical information subject to export control regulations, either directly or indirectly, to persons, companies (enterprises) or to countries, if this violates US or other, in particular German export control laws, regulations, restrictions and provisions. The customer undertakes to inform all recipients of these products or technical information of the need to comply with these laws and regulations.
The refusal of an export licence does not entitle the customer to withdraw from the contract or to claim damages. tognella.com is not obliged to issue a supplier or long-term supplier declaration to the customer or to procure such a declaration from its own suppliers.
7. price, terms of payment
7.1 – The prices quoted in private customer catalogues are final prices. tognella.com does not currently charge value added tax.
7.2 – On the invoice, in addition to the net price for the goods, the prices for additional services are also shown: Packaging, shipping, etc.
7.3 – For orders placed via the tognella.com home pages, the catalogue prices do not apply, but the prices indicated when placing an order under the [Button Warenkorb] button.
7.4. tognella.com reserves the right to exclude certain methods of payment and to carry out requested deliveries only against advance payment, cash on delivery or immediate payment on delivery in order to safeguard the credit risk in individual cases.
8. retention of title
tognella.com retains title to all goods supplied by it to a customer until final and full payment for the goods supplied has been received. As far as tognella.com exchanges goods within the scope of warranty, it is already agreed today that the ownership of the goods to be exchanged is transferred from the customer to tognella.com or vice versa at the time when tognella.com receives the goods back from the customer or the customer receives the exchange delivery from tognella.com.
9.1 – tognella.com guarantees that the products are free of material defects and defects of title at the time of transfer of risk.
9.2 – In the event of obvious defects in materials or workmanship, including damage in transit, you must notify tognella.com of such defects within 10 (ten) days. Hidden defects must be reported within the same period after discovery. Otherwise the warranty obligation of tognella.com is void.
9.3 – The warranty period for new goods is two years. The warranty for used goods marked as reconditioned and/or demonstration goods in the respective offers is 12 months. The respective warranty period begins with the receipt of the goods by the customer.
9.4 – In the event of a defect, the customer may demand that the defect be remedied. If, within the scope of a repair, the elimination of a defect is not successful even at the second attempt, the customer shall be entitled to demand the delivery of a defect-free item, to reduce the purchase price or to withdraw from the contract.
9.5 – With regard to any claims for damages due to defects in the goods, the statutory provisions shall apply.
9.6 – The prerequisite for warranty claims is that the defect has not been caused by improper use or overuse. If a defect becomes apparent later than 6 months after handover, the customer must prove that the item was defective at the time of transfer of risk.
10.1 – tognella.com is liable without limitation, as far as the cause of damage is based on an intentional or grossly negligent breach of duty by tognella.com or a legal representative or an auxiliary person of tognella.com. In all other respects, liability is excluded to the extent permitted by law.
10.2 – The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects.
10.3 – In case of data loss tognella.com is only liable in case of intentional or grossly negligent breach of duty and only if you as the customer have regularly backed up the data files at least once a day verifiably The liability for data loss is limited to the recovery effort if a backup copy is available.
11 Choice of law
11.1 – Swiss law applies to the legal relationship between tognella.com and the customer as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.
12.1 – The customer has no right of set-off or retention unless the claim is undisputed or has been legally established by a court of law.
12.2 -If individual provisions of this contract should not be legally effective in whole or in part or should lose their legal effectiveness at a later date, this shall not affect the validity of the remainder of the contract.
12.3 – The catalogue distributed by us / the website operated by us as well as its entire content, in particular texts, photos, images, graphics, illustrations and any software as well as all trademarks, patents, utility models are all protected by industrial property rights, in particular copyrights, rights to names and images, trademarks, patents in force or utility models against unauthorised use. The use outside of the selection and the purchase of a product requires the previous written agreement on our part or, if the respective rights do not lie with us, on the part of the right owner.
12.4 – We reserve the right to make changes to our website, policies, terms and conditions, including these Terms of Sale, at any time. Your order will be subject to the terms and conditions in force at the time you place your order, unless a change to those terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed).
12.5 – For the judgement of disputes arising from contracts between the customer and tognella.com as well as their conclusion, the ordinary court at the registered office of tognella.com or the commercial court of the canton of Aargau has exclusive jurisdiction.