General terms and conditions of sale and delivery
General terms and conditions of sale and delivery of TEM AG (hereinafter referred to as TEM) for the online shop Switzerland
1. Applicability of these terms
The following conditions apply to all deliveries from TEM to the customer. They apply exclusively. Conflicting provisions of the customer, such as general terms and conditions of purchase, etc. are not recognized, unless TEM has agreed to their validity in writing. Changes to these conditions are only valid in writing.
2. Conclusion of the contract
With your order you make a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by email or by delivering the ordered goods. First, you will receive a confirmation of receipt of your order by email to the email address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by email or when the goods ordered are delivered.
If you do not order via the online shop, but rather via the conventional way (fax, email, telephone, chat), the ordering process includes the following steps:
1. You first inquire about the product (s).
2. We will create a binding offer for you that is valid for 10 working days (unless otherwise stated in the offer).
3. You order.
4. We will send you an order confirmation.
5. We will dispatch the goods as offered.
6. Depending on the payment terms, you pay your invoice.
Of course, you can also order directly without an offer. The contract is concluded through two identical declarations of intent: [offer and order] or [order and order confirmation] or [order and delivery].
Storage of the contract text: We save the contract text and send you the order data and the link to our terms and conditions by email. You can view your past orders in our customer login area.
3. Content of the contract
The subject of the contract, quantity, price per unit and special sales and delivery agreements for the individual case result from the order confirmation sent to you by TEM. Changes to orders and cancellations by the customer only apply if they have been confirmed in writing by TEM.
4. Technical information, copyright
Technical information, images, dimensions, etc. provided by the customer only become binding for TEM with the order confirmation. We reserve the right to make technical changes. Materials can be replaced by other equivalent materials. Ownership and copyrights to software, construction drawings, schemes, images, concepts, product descriptions, instructions and any other documents remain with TEM in any case.
5. Manufacture and delivery
TEM undertakes to manufacture and deliver the subject matter of the contract in accordance with the specifications and deadlines listed in the order confirmation. The delivery date is given as precisely as possible to the best of our ability, but it cannot be guaranteed.
6. Packaging and transport
Packaging and transport are at the expense of the customer.
7. Benefit and Risk
The benefit and risk are transferred to the purchaser after loading (also with postage paid domicile pricing). Transport insurance is the responsibility of the customer.
The customer is obliged to check the goods immediately upon receipt, otherwise the delivery is deemed to have been approved.
9. Notification of defects
Obvious defects are to be reported within five working days of receipt of the goods, hidden defects are to be reported immediately after discovery. The notification of defects is only valid if the object of the contract complained about is sent to TEM by the same post. Complaints of defects do not entitle the customer to withhold payment.
10. Duration of the warranty
In the absence of a deviating agreement, the warranty lasts two (2) years after the goods have been shipped.
11. Content of the warranty
TEM guarantees the production according to the specifications listed in the order confirmation and the defect-free quality of the material. No other or further guarantee is given.
12. Fulfillment of the warranty
TEM fulfills the guarantee by repairing defective goods free of charge, delivering replacements or issuing a credit at its own discretion. TEM reserves the right to have the warranty carried out by third parties. Any further obligation (change, replacement of consequential damage, etc.) is excluded. In particular, TEM is not liable for the purchaser’s own expenses, unilateral replacement and repair costs, lost profit, etc.
13. Exclusion of warranty
The warranty does not cover damage caused by force majeure, unsuitable requirements and specifications by the customer, wear and tear, exceptional stress, non-compliance with assembly, operating and maintenance regulations, improper use or unauthorized interventions by third parties. In particular, the warranty does not apply if the devices are opened.
Prices are strictly net and without VAT.
15. Terms of payment
Payment shall be made by invoice. Unless otherwise stated, the invoice amount is to be transferred to our account within 30 days without any deductions. In individual cases, we reserve the right to deliver against advance payment or cash on delivery. The customer undertakes to offset his own claims only with the written consent of TEM.
16. Default in payment
Failure to comply with the terms of payment entitles TEM to charge the statutory default interest without a reminder and leads to the maturity of all claims against the customer. In addition, TEM can demand security for orders that have already been delivered or advance payment for outstanding deliveries. In addition, TEM expressly reserves the right to assert its statutory rights of default.
17. Ownership, extended retention of title, current account
The following provisions apply to deliveries to buyers domiciled outside Switzerland: The goods supplied remain the unrestricted property of the seller until the purchase price has been paid in full, including all ancillary claims, and in the case of repeated or ongoing business relationships until the balance of debts has been settled. If the business relationship is ongoing, the individual items placed in the current account lose their independence. The goods delivered by us remain our property until all of our claims have been paid in full, regardless of the legal reason – in the case of payment by check or bill of exchange until they have been redeemed and credited to our account.
a. The customer may only sell our reserved goods in the ordinary course of business and only as long as he is not in default of payment. For his part, he may only sell the goods to his customers subject to retention of title. He is not authorized to dispose of the reserved goods in any other way (e.g. assignment by way of security, pledging).
b. If the goods delivered under retention of title are combined or mixed with other items, the seller acquires co-ownership of the new item or the mixed inventory. If the goods delivered under retention of title or the items manufactured from them are resold, processed, installed or otherwise used by the buyer, until all claims of the seller from deliveries of goods have been settled in full, the buyer hereby takes responsibility for the sale the processing or installation arising claims against third parties with all ancillary rights to the seller. If a new object or inventory produced in this way by combining or mixing is resold, processed or installed, the assignment extends to the amount that corresponds to the share value of the seller in the co-ownership.
c. We undertake to release securities to which we are entitled upon request, at our discretion, insofar as they exceed the outstanding claims to be secured by more than 20%.
d. In the event of default in payment, impending suspension of payments or if there are foreclosures or bill protests against the customer, we are authorized to take our reserved goods. The purchaser is bound to the publishing.
e. The customer must notify us immediately of any seizure or other impairment of our reserved goods by third parties. The purchaser bears all costs arising from such access by third parties. The reimbursement obligation does not apply if our legal action was unsuccessful or the third party liable to reimbursement fulfills its obligation towards us.
f. The customer is obliged to adequately insure the retained goods that have been accepted.
18. Data protection
When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data within the framework of the statutory provisions.
19. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you have viewed are recorded. However, it is neither possible nor intended for us to draw conclusions about personal data.
20. The personal data that you provide to us, e.g. For example, when placing an order or by e-mail (e.g. your name and contact details), they will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment details to the credit institute commissioned with the payment.
21. We assure you that we will not otherwise pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use the services of third parties to carry out and process processing, the provisions of the Data Protection Act are complied with.
22. Duration of storage
Personal data that have been communicated to us via our website are only stored until the purpose for which they were entrusted to us has been fulfilled. As far as commercial and tax retention periods are to be observed, the duration of the storage of certain data can be up to 10 years.
23. Your rights
If you no longer agree to the storage of your personal data or if it has become incorrect, we will have your data deleted, corrected or blocked in accordance with the statutory provisions. Upon request, you will receive free information about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact: TEM AG
24. Links to other internet sites
Insofar as we refer or link to the websites of third parties from our website, we cannot assume any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on the compliance of third parties with data protection regulations, you should check the respective data protection declarations offered separately.
25. Applicable law
Swiss law is applicable. The applicability of the United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods is expressly excluded.
26. Place of jurisdiction
All disputes arising from this contract are to be decided by the competent courts of the Canton of Graubünden, whereby TEM is free to prosecute the customer at his domicile or before any other competent court.
Status: May 2021