General terms and conditions
At TOBENTO we place great emphasis on the protection of our customers' personal data. You will find information below about the use of data and our principles of data protection. If after reading it you have questions about the data protection provisions, please contact us via our website.
The general terms and conditions of business shall regulate the relationship between TOBENTO and the customer. The customer's GTBs shall not be applicable.
The offers and information on TOBENTO's web-pages shall be subject to confirmation and they shall not count as binding offers. The contract shall come into existence only upon confirmation of order.
No images or product descriptions may be used by third parties or by the customer.
3. Terms of payment
All prices are stated in Swiss francs and include the compulsory value added tax (VAT) and dispatch costs (for the whole of Europe), but they do not include any customs charges. The prices stated at the time of order in the shopping basket shall be authoritative for the amount of the invoice. The ordered articles shall be payable at the latest 20 days after invoicing. Payments may be made by Credit Card or PayPal. In the case of delay in payment TOBENTO reserves the right to charge penalty interest at 5% and also to engage third party companies for the purpose of collection.
4. Purchase order, formation of contract
The customer may order the articles shown as order items online via the webshop. After the purchase order (= offer of a contract) the customer shall receive a confirmation of order by e-mail (= acceptance of a contractual offer). If an order item can no longer be delivered, we shall notify this to the customer. A contract shall come into existence only upon provision of the confirmation. The confirmation of purchase order should be printed out and preserved in an accessible form.
5. Delivery, packing, delivery periods
TOBENTO shall endeavor to dispatch the goods immediately after receipt of payment. The period of delivery shall depend on the quantity ordered but it shall normally be 10 working days in the case of deliveries in Switzerland. The goods must be certified for transport damage by the ordering party or the ordering party's agent immediately after receipt. Damage to packaging must be certified by the ordering party in writing upon acceptance of the goods from the transport company. In the case of force majeure, industrial action, measures taken by authorities and other unforeseen events that cannot be avoided despite precautionary measures that can reasonably be expected, irrespective of whether this is experienced by the seller, the supplier or third parties, the period of delivery or the acceptance period shall be extended by the duration of the hindrance even if such events arise during a time of delay that is occurring already. If events of the above-mentioned nature occur outside of a delay and delivery is subsequently rendered impossible or becomes unreasonable to expect of the seller, the seller shall be entitled to withdraw from the contract. Compensation claims shall be excluded in the aforementioned cases.
If delivery has not been made at the correct time and the purchaser wishes to withdraw from the contract, the purchaser must set for the seller a subsequent delivery period of 3 weeks with a warning that he will refuse fulfillment after expiry of the period. The subsequent delivery period shall be calculated from the time of receipt of this notification by the seller. Claims for compensation due to non-fulfillment of the contract shall be excluded.
In the case of delay in delivery or service or impossibility of delivery or service due to fault on the part of the seller, compensation claims based on non-fulfillment shall be excluded unless there is intention or gross negligence on the part of the seller.
Risks and benefits shall be transferred to the customer at the principal place of business of TOBENTO.
6. Return, guaranty
TOBENTO guarantees that the goods shall leave the warehouse in perfect condition. If a delivered article is damaged or does not correspond to the ordered item, this article may be returned within a period of 8 days after receipt at the cost of the customer. The article must be returned in the original packaging with a copy of the invoice or delivery note.
The guarantee period shall be 2 years. If material or manufacturing defects arise during this period, TOBENTO guarantees to replace the goods with equivalent goods or to reimburse the purchase price in the form of credit notes. All further guarantee rights shall be excluded.
Compensation claims shall be limited in terms of the amount to the value of the supplied goods.
Compensation claims of any type against the seller or the latter's vicarious agents based on breach of contractual subsidiary obligations, culpa in contrahendo or from a tortious act shall be excluded unless there is intention or gross negligence.
8. Changes, additions, place of jurisdiction
TOBENTO reserves the right to amend or supplement the general terms and conditions of business without stating reasons. Such changes shall not apply for purchase orders already placed. All disputes arising from the use of the webshop shall be subject to Swiss law. If the provision of these general terms and conditions of business are ineffective, the other provisions shall remain unaffected.
The place of jurisdiction for all disputes from a legal relationship shall be Solothurn insofar as legally permissible.
TOBENTO reserves the right to also take legal action against the customer at another place of jurisdiction.