Terms and conditions

In case of discrepancies, the German version prevails.

1. Scope

The following terms and conditions, in the version available and in force when the website is accessed or goods are ordered, apply to the use of this website and to the business relationship between Twing (www.twing.swiss, Twing Group AG, Blegistrasse 11B, 6340 Baar) and its clients. The offer (online shop) on this website is aimed exclusively at clients domiciled in Switzerland.

A client is any natural or legal person who maintains a business relationship with Twing. The terms and conditions, the delivery and payment terms and the data protection provisions may be adjusted from time to time. Twing asks that these provisions be read carefully on every visit to the website and with every order of goods.

These terms and conditions apply exclusively. Conflicting, supplementary or deviating conditions require Twing's express written confirmation in order to be valid. By using this website or ordering goods, the client confirms full acceptance of these terms and conditions including the delivery and payment terms.

Should individual provisions of these terms and conditions prove to be or become invalid or unenforceable, the validity of the remaining provisions is not affected.

The operator of this website is Twing Group AG.

2. Information on this website

Twing provides information about products and services. Changes in prices and in the range as well as technical changes are reserved. All details on www.twing.swiss (product descriptions, illustrations, films, dimensions, colours, weights, technical specifications, accessory compatibilities and other details) are to be understood as approximate values only and in particular do not constitute any assurance of properties or guarantees, unless explicitly stated otherwise. Twing endeavours to provide all details and information on this website correctly, completely, up to date and clearly, but Twing can give no warranty for this, either express or implied.

All offers on this website are subject to change and are not to be understood as a binding quote.

Twing cannot guarantee that the products listed are available at the time of the order. All details on availability and delivery times are therefore without warranty and may change at any time and without notice.

3. Prices

Unless stated otherwise, Twing's prices include statutory value added tax, any advance recycling fees (ARF) and copyright levies on electronic devices. Prices are understood to include VAT, in Swiss francs (CHF).

Unless provided otherwise, any shipping costs are charged in addition and are payable by the client. Shipping costs are shown separately during the order process.

Technical changes, errors and misprints are reserved; in particular, Twing may change prices at any time and without prior notice. The sales prices do not include any consulting or support services.

4. Conclusion of contract

The offers on this website constitute a non-binding invitation to the client to order products and/or services from Twing. By placing an order through this website, including accepting these terms and conditions, the client submits a legally binding offer to conclude a contract. For online shop orders, Twing then sends an automatic “order acknowledgement” by email confirming that the client's offer has reached Twing. Orders placed are binding for the client. The right of revocation under these terms and conditions applies.

The contract comes into effect as soon as Twing sends a declaration of acceptance (order confirmation) by email confirming the dispatch of the ordered products or services.

Orders are only delivered once payment has been received in full (exception: delivery against invoice) and provided the goods are available. If it emerges after the contract has been concluded that the ordered goods cannot be delivered, or cannot be delivered in full, Twing is entitled to withdraw from the entire contract or from part of it. If the client's payment has already reached Twing, the payment is refunded to the client. If no payment has yet been made, the client is released from the obligation to pay. In the event of a rescission of the contract, Twing is under no obligation to make a replacement delivery.

5. Payment methods, retention of title and reminders

Only the payment methods stated during the order process are available to the client.

Twing reserves the right to exclude clients from individual payment methods without giving reasons or to insist on payment in advance.

The products delivered to the client remain the property of Twing until they have been paid for in full.

For business clients purchasing against invoice, the purchase price falls due for payment on the day the delivery arrives at the client. If payment is not made within 15 days of the due date, the client is in default. In this case Twing Group AG reserves the right to charge the client reminder fees in addition to the invoice amount. While no fees are charged for the payment reminder and the first reminder, the reminder fees amount to CHF 50.- for the second reminder and CHF 80.- for the third. Twing reserves the right to charge 5% default interest. The outstanding invoice amount (including default interest and reminder fees) may be handed over or sold for the purpose of debt collection. In addition to settling the invoice amount, the client is also obliged to reimburse all costs arising from the default in payment.

Business clients agree to receive invoices, credit notes and reminders in electronic or paper form.

6. Delivery, duty to inspect, notice of defects and returns

Deliveries are sent by post or courier service to the address given by the client in the order. Invoicing takes place by email or by post. With dispatch, benefit and risk pass to the client.

If the delivery cannot be delivered or the client refuses to accept it, Twing may rescind the contract after a notice by email to the client and after setting an appropriate deadline, and may charge for the costs incurred.

The client is obliged to inspect the delivered goods immediately after the delivery arrives and to give notice without delay, in writing by letter or email to the address given (legal notice), of any defects for which Twing gives warranty.

Returns to Twing are at the client's expense and risk. The client must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects, to the return address given by Twing (Twing Group AG, Blegistrasse 11B, 6340 Baar).

If Twing's inspection shows that the goods have no identifiable defects or that these are not covered by the manufacturer's warranty, Twing may charge the client for the costs incurred, the return shipment or any disposal.

7. Right of revocation

The client is granted a right of revocation for 5 to 7 calendar days after receiving the goods. The deadline is deemed met if the client sends the written revocation to Twing by email (hallo@twing.swiss) or letter (Twing Group AG, Blegistrasse 11B, 6340 Baar) within the deadline. The revocation does not require any reasons.

Exercising the right of revocation leads to a reversal of the contract. Within 14 calendar days the client must return the goods unopened, in sealed original packaging, complete with all accessories and together with the delivery note, to the return address given by Twing (Twing Group AG, Blegistrasse 11B, 6340 Baar). Returns to Twing are at the client's expense and risk. Any payment already made is refunded to the client within 30 calendar days, provided Twing has already received the goods back or the client can provide proof of dispatch.

Twing reserves the right to demand appropriate compensation for damage, excessive wear or loss of value due to improper handling, and to deduct the reduction in value from the purchase price already paid or to charge it to the client.

No right of revocation is granted in the following cases:

(i) where the contract has an element of chance, in particular because the price is subject to fluctuations over which the provider has no influence.

(ii) where the contract concerns a movable item which, by its nature, is not suitable for return or can perish quickly;

(iii) where the contract concerns a movable item made to the consumer's specifications or clearly tailored to personal needs;

(iv) where the contract concerns digital content and this content is not provided on a fixed data carrier, or where the contract is to be fully performed by both parties immediately;

(v) where the contract concerns a service and the contract is to be fully performed by the provider, with the consumer's prior express consent, before the revocation period has expired.

8. Warranty

In the case of drop shipments or goods that are not delivered to us directly, we are not obliged to subject the goods to a detailed inspection for defects or completeness on our side. Our notice of defects is therefore still deemed timely if our buyer has given us notice without delay and we have passed this notice on to our supplier without delay. Any notice of defects must be given without delay and in writing. A buyer in this sense is our end client 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.

Normal wear and tear as well as the consequences of improper handling or damage by the client or third parties, and defects attributable to external circumstances, are not covered by the warranty. The warranty is likewise excluded for consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.).

Before the order confirmation, the business client receives a digital product preview in the form of a photomontage. Because colours can look different on screens than on physical products (or because of technical differences between screens and printing processes), slight colour deviations from the final result are possible. Liability for these deviations is excluded.

Twing is not able to give assurances or guarantees for the timeliness, completeness and correctness of the data or for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that using the website does not infringe any rights of third parties that are not held by Twing.

9. Liability

Twing excludes all liability, regardless of its legal basis, as well as claims for damages against Twing and any auxiliary persons and vicarious agents. In particular, Twing is not liable for indirect damage and consequential damage caused by a defect, for loss of profit or for other personal injury, property damage and pure financial loss suffered by the client. More extensive mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.

Twing uses hyperlinks solely to give the client simpler access to other websites. Twing can neither know the content of these websites in detail nor accept liability or any other responsibility for the content of these websites.

10. Data protection

Twing collects and processes personal data within the framework of Twing's data protection provisions. Twing may process the data recorded when the contract is concluded in order to fulfil the obligations arising from the purchase contract. The data necessary to perform the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

Twing processes personal data within the framework of the Swiss data protection provisions (revDPA). The data is processed exclusively to fulfil the contractual services, to handle orders and to communicate with clients.

For certain technical processes Twing uses commissioned service providers, including:

• OpenAI (EU/USA) for the supporting processing of text data,
• Make.com (EU/USA) for the automation of internal work processes,
• Slack (USA) for internal coordination and approval processes.

In the course of these services, data may be transferred to countries outside Switzerland and the EU. For this, the providers used apply the recognised standard contractual clauses, which ensure an adequate level of protection.

The systems serve exclusively as technical support. Decisions concerning clients are always checked and approved by our staff. No automated decision-making or profiling takes place.

Supplementary information can be found in Twing's privacy policy.

11. Advertising

Twing places targeted online advertising with third parties such as social media platforms or search engines. The aim is to address people who could be interested in our offers (targeting/remarketing). For this purpose Twing may transmit certain data – including personal data – to such providers and analyse whether the advertising placed leads to visits or actions on our website (conversion tracking). Third parties can assign the use of our website to the respective user profile, provided the client is logged in there.

LinkedIn advertisements (LinkedIn Ads): Twing uses social media advertising on LinkedIn. The provider is LinkedIn Ireland Unlimited Company (Ireland) as well as other LinkedIn and Microsoft companies (among others in the USA). The processing includes in particular targeting and retargeting by means of the LinkedIn Insight Tag as well as Matched Audiences (including Lookalike Audiences).

Further information can be found in the following LinkedIn documents:

• Privacy policy: https://www.linkedin.com/legal/privacy-policy
• Advertising preferences / opt-out: https://www.linkedin.com/psettings/guest-controls
• Information on the Insight Tag: https://www.linkedin.com/help/lms/answer/a427660

12. Further provisions

Twing expressly reserves the right to change these terms and conditions at any time and to bring them into force without notice.

In the event of disputes, exclusively Swiss substantive law applies, excluding conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

The place of jurisdiction is Zug, unless the law provides for mandatory places of jurisdiction.

13. Contact

For questions about these terms and conditions please get in touch: see the legal notice.