GENERAL TERMS AND CONDITIONS (GTCs)
1 Validity of the General Terms and Conditions (GTCs)
1.1 These terms and conditions outline the rules and regulations for TINUSAN AG and the customer, who purchases a product via the online retailer www.duvetsuisse.com.
1.2 Deliveries, services and offers from TINUSAN AG are exclusively based on these terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed to be accepted when the goods or services are ordered. The buyer’s general purchasing conditions are hereby rejected. Deviations from these terms and conditions are only valid if we confirm them expressly in writing.
1.3 TINUSAN AG reserves the right to amend the terms and conditions from time to time. The GTCs valid at the time of confirmation of the customer order by TINUSAN AG apply.
1.4 You can find more information about the vendor in the Imprint.
2 Conclusion of contract
2.1 The presentation of the products as well as the indication of prices on the website does not constitute a legally valid offer but is to be understood as an offer to the customer to conclude a contract.
2.2 TINUSAN AG does not transmit an order acceptance, but merely confirms receipt of the customer’s order. The actual delivery by TINUSAN AG is considered to be acceptance of the order by TINUSAN AG and regulates the corresponding object and scope of the conclusion of the contract between the parties. This also applies to advance payments by the customer, if, for example, TINUSAN AG charges the credit card account specified by the customer.
2.3 TINUSAN AG reserves the right to reject the customer's contractual offer and not to deliver the products ordered if they are not available at TINUSAN AG's supplier or manufacturer.
2.4 The publication of specifications, delivery information etc. in the web shop is in no case legally binding; only the actual specifications and delivery information stated by the product manufacturer at the time of delivery are valid.
2.5 If TINUSAN AG cannot deliver the products ordered in accordance with the customer's order (price and product specifications), the customer will receive a refund from TINUSAN AG of any advance payments made.
2.6 Delivery times given are to be considered as binding information and are approx. 5 - 7 days. The customer will be informed in case of delivery delays.
2.7 If a delivery is delayed beyond the date confirmed in writing by TINUSAN AG, the customer may set a grace period of at least three weeks. Once the grace period has expired, the customer may withdraw from his order. Further claims are hereby excluded.
2.8 TINUSAN AG is entitled to cancel confirmed orders or deliveries at any time, especially if TINUSAN AG itself is not supplied with products by its suppliers. In this case, the customer will receive a refund of the paid purchase price for all undelivered products (even if a credit card specified by the customer is charged).
2.9 Order changes or cancellations requested by the customer are only valid if they have been confirmed in writing by TINUSAN AG. Costs that TINUSAN AG has already incurred up to this point in time can be charged to the customer.
2.10 TINUSAN AG is entitled to make partial deliveries and the customer is obligated to accept partial deliveries.
2.11 No guarantee is assumed for technical data and delivery information, i.e. TINUSAN AG is not liable for damages resulting from deviations from these specifications.
3 Prices and terms of payment
3.1 The prices to be paid by the customer correspond to those in the specified currency, which are valid at the time of acceptance of the order by TINUSAN AG.
3.2 All prices stated in the web shop include Swiss value added tax. The prices do not include any shipping costs or import taxes.
3.3 Outside Switzerland and Liechtenstein: the sales prices do not include the applicable import tax of the country concerned.
4.1 Shipments within Switzerland and Liechtenstein are free of shipping costs.
4.2 Our articles can only be delivered to Switzerland and Liechtenstein. For shipments outside Switzerland and Liechtenstein, please contact us at service(at)duvetsuisse.com.
5 Exchanges and returns (Right of withdrawal)
5.1 Since our products (duvets and pillows) are exclusively hygienic items, claims for exchange / return delivery can only be made if the delivered goods are returned to us in unused condition and their original packaging. In particular, the protective foil must not be removed from the product and/or the seal (red tape) must not be broken.
5.2 The product must be returned to TINUSAN AG unopened (unopened protective foil and seal), undamaged, clean and in its original packaging.
5.3 The return delivery must be made within 14 days of the invoice date.
5.4 In order to return an item to TINUSAN AG, the customer must contact TINUSAN AG by telephone on +41 31 506 15 32 or email [email protected]
5.5 TINUSAN AG does not offer a free collection service. In the case of a return shipment, the customer bears the shipping costs to our return address in Switzerland and Liechtenstein.
5.6 Within Switzerland and Liechtenstein: in the event of an exchange, we assume the costs for the new outward shipment.
5.7 Outside Switzerland and Liechtenstein: in the case of an exchange, the same conditions apply as for the first shipment.
6 Payment and delivery
6.1 The prices to be paid by the customer are those in the currency indicated,
6.2 The payment methods we accept are listed on our website.
6.3 TINUSAN AG reserves the right to customer verification of credit card payments before accepting this payment method.
6.4 In the event of a delay in payment, TINUSAN AG is entitled to partially or completely suspend all further deliveries to the customer without prior notification until the respective payment has been received or secured.
6.5 TINUSAN AG reserves the right to process purchases against invoice via third parties ("factoring"). The General Terms and Conditions of the implementation partner then apply.
6.6 If TINUSAN AG issues a separate invoice for goods or services, this is due for payment on the 14th day after the delivery date. If payment is not made on time, the customer will be in default. In this case, TINUSAN AG reserves the right to charge the customer a situational reminder fee of CHF 20 per reminder in addition to the invoice amount.
6.7 The open invoice amount (including interest on arrears and reminder fees) can be transferred or sold for the purpose of collection. In addition to the settlement of the invoice amount, the customer is also obliged to reimburse all costs incurred by the delay in payment.
6.8 If the customer is in default of payment, a one-time reminder will be issued. If the deadline set is not met, legal action will be taken and official debt collection will be initiated.
6.9 Shipping methods and delivery times may vary depending on the country, please refer to the website for details.
6.10 Ordered products remain the property of TINUSAN AG until full payment has been received by TINUSAN AG.
6.11 ARejected shipments are treated as normal returns. See Section 5, Exchanges and returns.
6.12 Ordering on account requires a positive credit check by our service provider Intrum AG, Eschenstrasse 12, 8603 Schwerzenbach. If the billing address cannot be verified properly or the credit check is negative, payment in advance (bank transfer) is requested.
7 Damages in transit
7.1 If TINUSAN AG has informed you that it wishes to withdraw from the contract, all amounts owed to TINUSAN AG will be refunded within 3 days after receipt of the returned goods. Any shipping costs and import taxes will not be refunded.
7.2 If, upon receipt of a delivery, the customer discovers that the ordered products have been damaged during transport, he/she must inform the delivery service employee and contact the company by telephone on +41 (0) 31 506 15 32 or email service(at)duvetsuisse.com .
7.3 TINUSAN AG does not offer a free collection service. The return transport is at the expense of the customer.
8.1 The guarantee on duvets and pillows is 3 years. This begins at the moment the products ordered by the customer are dispatched.
8.2 All product defects covered by the guarantee (except for improper handling) will be remedied by TINUSAN AG free of charge for the customer. The warranty obligations of TINUSAN AG for defective products are limited to the elimination of errors or the replacement of products.
8.3 A cancellation of the contract or reduction of the purchase price is hereby excluded. Normal wear and tear and product modifications are not covered by the warranty.
9 Limitation of liability
9.1 TINUSAN AG is only liable for direct damages and only if the customer can prove that TINUSAN AG acted in a grossly negligent fashion or intentionally and illegally. The liability of TINUSAN AG is limited in any case to the purchase price of the deliveries/services in question.
9.2 Any further liability on the part of TINUSAN AG or third parties commissioned by it for damages of any kind is hereby excluded.
9.3 In particular, the customer is not entitled to liability claims for damages caused by the product itself. Examples of this are usage, allergies or other indirect consequential damages.
10 Applicable law and place of jurisdiction
10.1 For consumers: The contractual relationships within the scope of these GTCs between TINUSAN AG and the consumer are subject to the laws in force at the consumer's place of residence.
10.2 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relations between the parties is the Commercial Court in the Canton of Bern, Switzerland.
10.3 In any case, TINUSAN AG will first attempt to find an out-of-court solution to the dispute.
11 Data Protection Declaration
11.1 TINUSAN AG observes all Data Protection Declarations and uses data from which the identity of the customer can be deduced only for the purposes described in the Data Protection Declaration (Datenschutzerklärung ) section.
12 Final clauses
12.1 If one of the provisions of these GTCs is declared invalid, all other provisions shall remain unaffected. Instead of the invalid provision, the corresponding valid law shall apply.