General terms and conditions
For the use of this website as well as the business relations between Twing (www.twing.swiss) Twing GmbH, Käterlistrasse 41, 5102 Rupperswil) and its customers, the following General Terms and Conditions (GTC) shall apply in the version that is currently available and valid when calling up the website or ordering goods. The offer (online store) on this website is directed exclusively to customers with Swiss residence.
These GTC apply exclusively. Any terms and conditions that are contrary to, supplementary to or deviate from these GTC shall require express written confirmation by Twing in order to be valid. By using this website or ordering goods, the customer confirms that he fully accepts these GTC, including the terms of delivery and payment.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is Twing GmbH.
2. information on this website
Twing contains information about products and services. We reserve the right to make price and product range changes as well as technical changes. All information on www.twing.swiss (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Twing makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly laid out, but Twing cannot guarantee this, either explicitly or implicitly.
All offers on this website are subject to change and are not to be understood as a binding offer.
Twing cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
Unless otherwise stated, Twing’s price quotations include statutory value-added tax, any advance recycling fees (VRG) and copyright levies for electronic equipment. The prices are incl. VAT in Swiss francs (CHF).
Any shipping costs, where not otherwise provided for, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the ordering process.
Twing reserves the right to make technical changes, errors and misprints. In particular, Twing may make price changes at any time without prior notice. The sales prices do not include consulting and support services.
4. conclusion of contract
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from Twing. With the order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Twing will then send an automatic “order confirmation” by email for online store orders, which confirms that the customer’s offer has been received by Twing. Placed orders are binding for the customer. The right of withdrawal according to the GTC applies.
The contract shall be concluded as soon as Twing sends a declaration of acceptance (order confirmation) by email, in which the shipment of the ordered products or services is confirmed.
Orders will be shipped only after full payment has been received (exception: delivery against invoice) and if the goods are available. If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, Twing shall be entitled to withdraw from the entire contract or from a part of the contract. If the customer’s payment has already been received by Twing, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. Twing shall not be obliged to make any replacement delivery in the event of termination of the contract.
5. payment options, retention of title and reminders
The customer has only the specified payment options available to him in the ordering process.
Twing reserves the right to exclude customers from individual payment options or to insist on prepayment without stating reasons.
The products delivered to the customer shall remain the property of Twing until full payment has been made.
The purchase price is due for payment in the case of purchase on account for corporate customers on the day of receipt of the delivery by the customer. If payment is not made within 15 days after the due date, the customer shall be in default. In this case, Twing GmbH reserves the right to charge the customer reminder fees in addition to the invoice amount. While no fees are charged for the payment reminder and the first reminder, the reminder fees for the second reminder amount to 2% of the invoice amount (excluding VAT) and 3% for the third reminder. The outstanding invoice amount (including interest on arrears and reminder fees) may be surrendered or sold for the purpose of collection. In addition to payment of the invoice amount, the customer is also obligated to reimburse all costs arising from the delay in payment.
Enterprise customers agree to receive invoices, credit notes and reminders in electronic or paper form.
6. delivery, duty to inspect, notice of defects and return
Deliveries are sent by mail or courier service to the address specified by the customer in the order. Invoicing will be done by email or by mail. With the shipment, benefit and risk are transferred to the customer.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Twing may terminate the contract after notifying the customer by email and setting a reasonable deadline as well as charging the customer for the costs incurred for the handling.
The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to immediately notify Twing in writing by letter or email to the address (imprint) of any defects for which Twing provides a warranty.
Returns to Twing shall be made for the account and at the risk of the customer. The customer shall send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address specified by Twing (Twing GmbH, Blegistrasse 11B, 6340 Baar).
If the inspection by Twing reveals that the goods do not have any detectable defects or that they are not covered by the manufacturer’s warranty, Twing may charge the customer for the effort, the return shipment or the possible disposal.
7. right of withdrawal
The customer is granted a right of withdrawal during 5-7 calendar days after receipt of the goods. The deadline shall be deemed met if the customer sends the written revocation to Twing by email (firstname.lastname@example.org) or letter (Twing GmbH, Bruggerstrasse 69, 5400 Baden) within the deadline. The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 14 calendar days unopened in sealed original packaging, complete with all accessories and together with the delivery bill to the return address specified by Twing (Twing GmbH, Blegistrasse 11B, 6340 Baar). Returns to Twing shall be made for the account and at the risk of the customer. Any payment already made shall be refunded to the customer within 30 calendar days, provided that Twing has already received the goods back or the customer can provide proof of shipment.
Twing reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
(i) When the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no control.
(ii) If the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;
(iii) If the subject of the contract is a movable item that is made according to the specifications of the consumer or clearly tailored to personal needs;
(iv) If the subject matter of the contract is digital content and such content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;
(v) If the contract is for a service and the contract is to be performed in full by the provider with the prior express consent of the consumer before the withdrawal period has expired.
In the case of drop shipments or goods that are not delivered directly to us, we are not obligated to subject the goods to a thorough inspection for defects or completeness on our part. Our complaint shall therefore still be deemed to have been made in good time if our customer has notified us without delay and we have passed on this complaint to our supplier without delay. Any complaints must be made immediately and in writing. The customer in this sense is our end customer and not already the carrier, forwarder or other vicarious agent.
It is at Twing’s discretion to provide the warranty by free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects caused by external circumstances. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is excluded.
Twing is not able to provide any assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the Website will not infringe rights of third parties not owned by Twing.
Twing excludes any liability, irrespective of its legal basis, as well as claims for damages against Twing and any auxiliary persons and vicarious agents. In particular, Twing shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.
Twing uses hyperlinks only for the simplified access of the customer to other web offers. Twing can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
10. data protection
11. further provisions
Twing expressly reserves the right to change these GTC at any time and to put them into effect without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Aarau, unless the law provides for mandatory places of jurisdiction.
If you have any questions about these terms and conditions, please contact us: Imprint