Terms and Conditions

GENERAL
QUOTE AND CONCLUSION OF CONTRACT
PRICES AND TERMS OF PAYMENT
DELIVERY AND SHIPPING CONDITIONS
PURCHASE CONDITIONS
HAZARDS & HAZARDS
WARRANTY / GUARANTEE
RETOURS
PROPERTY RETENTION
small surcharge
FURTHER SERVICES
LIIMITATION OF LIABILITY
DATA PROTECTION
JURISDICTION
FINAL PROVISIONS

1. GENERAL

These General Terms and Conditions (hereinafter "GTC") of Telion AG (CHE-101.064.196 VAT), Rütistrasse 26, 8952 Schlieren, Switzerland (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store (smegstore.ch). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.</p

By ordering the goods or services, these terms and conditions are deemed to have been accepted. Deviations from the general terms and conditions are only effective if they are confirmed in writing by the seller.

A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.</p

An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.</p

2. OFFER AND CONCLUSION OF CONTRACT

The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer

The information in the sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.

After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

The seller can accept the customer's offer within five days. Orders are only binding for the seller after written order confirmation. If, after the order has been confirmed, it is determined that delivery of the goods is not possible or that there was a price error, the order will be canceled or, in the case of price errors, if the goods have already been delivered, the price difference will be charged to the customer. In the event of price errors, the customer is entitled to declare the withdrawal within 14 days and to return the goods to the seller if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against the seller or a supplier (e.g. shipping fee).

When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in the form of an email to the specified address after the order has been sent. The seller will not provide any further access to the text of the contract. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data

Order processing and contact are generally carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered

3. PRICES AND TERMS OF PAYMENT

The prices stated in the order confirmation are authoritative. These are fixed for goods in stock at the time of ordering. For delivery bottlenecks and errands, the current price on the day of the order applies. Prices are quoted in Swiss francs including VAT and, unless otherwise agreed, plus transportation costs. The current prices are published in the online store, subject to price changes and errors.

The payment method(s) will be communicated to the customer in the seller's online store

If a payment method offered via the payment service „Datatrans“ is selected, the payment will be processed via the payment service provider Datatrans (hereinafter: „Datatrans“). The individual payment methods offered via Datatrans are communicated to the customer in the seller's online store. Datatrans may use the services of third-party payment service providers to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Datatrans" is available on the Internet at https://www.datatrans.ch.</p

If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process

4. DELIVERY AND SHIPPING TERMS

Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.

Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by Telion AG is subject to the correct and timely delivery to Telion AG by suppliers and manufacturers.

Goods delivered by a forwarding agent shall be delivered "free kerbside", i.e. to the nearest public kerbside to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed

If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal policy shall apply to the return shipping costs.</p

The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific cover transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately

Collection by the customer is not possible for logistical reasons

In the case of delivery and assembly, the customer must clarify the accessibility/feasibility in advance and guarantee it in full. Any additional expenses caused by insufficient prior clarification by the customer may be claimed by the seller from the buyer.

Visible differences in quantity must be reported to Telion AG and the freight forwarder in writing immediately after receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.

5. default of acceptance

If the customer refuses to accept the delivery items after expiry of a grace period set for him or declares that he does not wish to accept the goods, the seller can refuse to fulfill the contract and demand compensation for non-fulfillment. The seller is entitled to demand either a lump sum of 50% of the agreed purchase price or compensation for the actual damage incurred from the customer as compensation.</p

6. transfer of risk

The risk shall pass to the customer as soon as the shipment has been handed over to the company carrying out the transportation. If shipment is delayed or becomes impossible through no fault of the seller, the risk shall pass to the customer upon notification of readiness for shipment. Any assumption of transport costs by the seller agreed in individual cases shall have no influence on the transfer of risk

7. WARRANTY / GUARANTEE

The seller assumes the warranty for the freedom from defects and the functionality of the ordered product for a period of 2 years after delivery, unless expressly agreed otherwise 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 shall be void insofar as the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or external intervention and the opening of devices

Insignificant deviations from warranted characteristics of the goods do not give rise to any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/used or installed rechargeable batteries is excluded.

In the event of a warranty or guarantee claim, the customer is entitled to rectification, replacement or conversion. The choice of the type of defect rectification lies with the seller. If the seller decides to cancel the contract, a credit note will be issued at the current price (maximum the sales price at the time of the order).</p

The warranty period is not interrupted by any warranty or guarantee claim, but continues to run. The replacement of parts, assemblies or entire devices does not result in any new warranty periods coming into force.</p

Warranty or guarantee claims against the seller are only available to the direct customer and are not transferable.

The statutory warranty is fully excluded.

8. RETURNS

Customers have the right to return the goods within 14 days of delivery. The right of return is exercised by returning the goods, whereby the goods must be unopened and unused

Please follow the return instructions under Rücksendungen

The exercise of the right of return leads to the conversion of the purchase contract into a return processing contract, according to which the services received under the purchase contract must be refunded.

After receipt of the goods, any purchase price already paid will be credited to the customer within 10 working days in the manner chosen by the customer. However, we reserve the right to deduct the purchase price to be refunded or to issue an invoice for possible damage, wear and tear of the goods or, if agreed, shipping costs of the goods. The seller may refuse to credit the customer until they have received the goods back or the customer has provided proof that they have returned the goods, whichever is the earliest.

For returns of defective goods, the seller requires that the defective device be reported to the seller's customer service by e-mail (infokd@telion.ch) prior to shipment. Further information on shipping the device will be provided by the seller's customer service department.

In any case, the customer is responsible for packing the goods to be returned in a transportable manner. Damage/destruction 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 transportation of the goods. The transfer of risk to the seller only takes place when the goods arrive at the seller's premises.

9. RESERVATION OF TITLE

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

10. small amount surcharge

Up to an order amount of CHF 50.

The seller charges a small quantity surcharge of CHF 9.

11. FURTHER SERVICES

If the seller books a service (assembly, floor delivery, etc.) via the online store, which is carried out by a third-party provider, the service contract is concluded between the customer and the third-party provider. The seller rejects any liability.

12. LIMITATION OF LIABILITY

Claims for damages arising from inability to perform, from breach of contract, from culpa in contrahendo and from tort are excluded both against the seller and against auxiliary persons and substitutes, except in cases of willful misconduct or gross negligence. Any liability for consequential damage resulting from the use of the products is rejected

13. data protection

The seller undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate Data Protection Declaration. The data protection declaration is an integral part of these general terms and conditions and can be changed or adapted at any time. By accepting the general terms and conditions, the customer also agrees to the privacy policy.</p

14th JURISDICTION

Schlieren, Switzerland is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship shall be governed by Swiss law, excluding any conflict of laws rules and the Vienna Sales Convention (CISG).

15. FINAL PROVISIONS

The seller reserves the right to change the general terms and conditions at any time.

If any provision of these general terms and conditions is invalid, this shall not affect the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.</p

Telion AG, Schlieren, 30.04.2024

General Terms and Conditions

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