General Terms and Conditions (GTC)
and policy for refunds / returns
General Terms and Conditions (GTC)
and policy for refunds / returns
1. general
1.1 These terms and conditions are applicable both to deliveries to
“entrepreneurs”, i.e. to natural persons, legal entities or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity, as well as to deliveries to ‘consumers’, i.e. to natural persons who enter into a business relationship with us outside of a commercial or independent activity.
1.2 All offers, deliveries and services and the associated conclusion of contracts between Tekusa AG as supplier and the buyers are subject to these terms and conditions. Other terms and conditions shall only apply if they have been mutually agreed expressly and in writing.
1.3 By placing an order, the buyer makes a binding declaration that he wishes to purchase the goods ordered. The contract is concluded when we expressly confirm the order or the order is processed by delivery of the goods.
1.4 The content of advertising brochures and catalogs as well as information in technical documents and assurances of properties are not binding without express written agreement. The manufacturer reserves the right to deliver the goods. Assembly and operating instructions are only included in the scope of delivery if they are provided by the manufacturer.
1.5 In the case of individually manufactured products, the buyer assumes responsibility for the correctness of specifications (drawings, dimensions, etc.) provided by him. To avoid errors and consequential costs, these specifications must always be provided in writing. Special items cannot be returned and cannot be exchanged.
2. Prices
2.1 Unless expressly agreed otherwise, all deliveries are made at the prices stated in the Tekusa Shop (www.tekusa-tools.com).
2.2 The costs for shipping and packaging shall be invoiced separately. Depending on the Incoterms or shipping options selected or agreed when the order is placed, additional costs such as customs duties, taxes, transport insurance, etc. may be incurred.
2.3 All prices quoted are, where applicable, inclusive of VAT at the applicable statutory rate.
2.4 The Buyer must check the invoice within a reasonable period of time; complaints regarding the invoice will no longer be considered after expiry of the payment deadline.
3. Terms of payment
3.1 Payment of the purchase price can be made using the payment methods available in the Tekusa Shop (www.tekusa-tools.com) (invoice or prepayment).
3.2 In the case of delivery against invoice, the purchase price must be paid within 10 days of the invoice date. In the event of late payment, default interest of 8 percent shall be due without prior reminder.
3.3 The delivered goods remain the property of Tekusa AG until full payment has been made
4. Delivery and shipping conditions
4.1 We reserve the right to make partial deliveries if this appears to be advantageous for efficient processing. Transport damage must be reported immediately to the responsible transport company.
4.2 Required or prescribed packaging will not be taken back. Exceptions will be specifically noted.
4.3 Benefit and risk are transferred to the buyer when the delivery is handed over. Deviating regulations in accordance with the Incoterms selected by the buyer remain reserved.
4.4 If the ordered goods are no longer available, the customer is free to withdraw from the order or to switch to a proposed replacement item. The proposed replacement item may differ in quality and price.
4.5 The buyer acknowledges that the export of certain products (including software and documentation) may be subject to restrictions and authorization, e.g. due to the type, intended use or destination.
subject to authorization. The Buyer undertakes to comply with all
applicable provisions on export controls and sanctions, in particular those of Switzerland, the European Union, the member states of the European Union and the USA.
5. Right of return
5.1 The buyer may return the goods delivered by us within 10 calendar days from the date of delivery. In order for us to take back the goods, they must be in an unused and undamaged condition and returned complete and in their original packaging. The right of return only applies to items ordered / purchased from the Zetzwil warehouse. Online orders are excluded!
5.2 The right of return is excluded for custom-made items and for items not kept in stock and specially procured for the buyer.
5.3 Returns are at the expense and risk of the buyer.
5.4 In the event of a legally valid exercise of the right of return, we will refund or credit any payments already received after receipt of the goods.
6. Warranty, service
6.1 The warranty period for deliveries to entrepreneurs is 12 months from delivery. For consumers, the statutory warranty period of 2 years applies.
6.2 We guarantee that the goods are free from material and manufacturing defects. For goods not manufactured by us, the warranty conditions and services of the manufacturer apply. (max. 2 years)
6.3 The buyer is obliged to check each delivery immediately upon receipt for external damage, incorrect delivery or missing quantities. Complaints must be made to us within 3 working days of receipt of the delivery. Defects occurring during the warranty period must be reported to us immediately upon discovery. If no defects can be identified or if these are not covered by the warranty, we can pass on the costs for the inspection and shipment to the buyer.
6.4 In the event of defects which are covered by the warranty, the goods shall be repaired or replaced by equivalent goods at our discretion or at the manufacturer’s discretion. Any further warranty is excluded, in particular the buyer has no right to rescission or reduction.
6.5 We also undertake repair and service work for the goods offered by us. The resulting costs shall be borne by the buyer. If a buyer expressly requests a cost estimate, the resulting costs plus a handling surcharge will be charged to him even if he waives the execution of a repair or order.
6.6 Incorrect planting or assembly that lead to damage are excluded from warranty services.
7. Liability
7.1 Any liability of Tekusa AG for breach of contract, impossibility of performance, delay in delivery, warranty or any other legal grounds is excluded to the extent permitted by law.
7.2 Under no circumstances shall the buyer be entitled to claim compensation for damages that have not occurred to the delivery item itself, such as loss of production, loss of use, loss of orders, claims by third parties, loss of profit and other consequential and indirect damages.
8. Final provisions
8.1 Data protection: Personal data collected from the buyer will be treated confidentially and with due care. In addition, we refer to the privacy policy on our website www.tekusa-tools.com.ch
8.2 Amendments: We reserve the right to adapt or amend these terms and conditions at any time if necessary.
8.3 Partial invalidity: The invalidity of individual provisions of these terms and conditions or of the delivery contract concluded with the customer shall not affect the validity of the remaining provisions.
8.4 Applicable law: This contract and the entire legal relationship between the parties shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.5 Place of performance and jurisdiction: Subject to mandatory statutory provisions, Zetzwil or Beromünster, Switzerland, shall be the place of performance and jurisdiction. In any case, we reserve the right to sue the buyer at his domicile or place of residence.
Edition Oct. 2024