General Terms and Conditions of TIMMswisslogger GmbH for the sale of products within Switzerland and the EU
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between TIMMswisslogger GmbH (hereinafter referred to as "TIMMswisslogger GmbH", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") that involve the purchase of TIMMswisslogger GmbH products.
Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer will not be recognized.
TIMMswisslogger GmbH reserves the right to change these terms and conditions at any time. All changes become effective with the publication of the new terms and conditions on the website. The relevant time for the applicability of the valid GTC is the date of the purchase of a product, the date of submission of the binding order to us.
2. Conclusion of a sales contract
The presentation of the products in the tariff lists on our website and the tariff lists does not constitute a legally binding offer, but merely a non-binding catalog or a non-binding invitation to order the product. TIMMswisslogger GmbH expressly reserves the right to change the products themselves as well as the contents, such as pictures, assortment, prices and the descriptions of our products at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding for TIMMswisslogger GmbH.
The customer can place a binding order by telephone, in writing or by e-mail for the products designated by him.
After the order is placed, the customer will immediately receive an order receipt confirmation by e-mail. This confirmation e-mail contains the data of your order and our terms and conditions. The confirmation e-mail serves only as information that we have received your order. The order confirmation does not constitute a contract of sale. By agreeing to the content of the contract contained in the order confirmation, you confirm that you have read the terms and conditions and accept them without reservation.
Until the order is accepted (see next paragraph) by TIMMswisslogger GmbH, TIMMswisslogger GmbH is free to reject the order by sending a corresponding notification by e-mail and without assuming liability to you or third parties. Any payment already made will be refunded when the order is cancelled on our part.
Upon acceptance of the order, a binding purchase contract with the customer is created. Unless TIMMswisslogger GmbH is notified of an explicit acceptance, this acceptance takes place by shipping the ordered products.
3. Availability and reservation of performance for products not available
All information regarding the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipping or delivery is expressly excluded.
Our products are available while stocks last. If TIMMswisslogger GmbH discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the non-available products will not be concluded because the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer accordingly by e-mail.
4. Prices and shipping costs
Our products and prices correspond to those indicated in the applicable tariff lists. All prices are indicated in CHF (Swiss Francs) and include the legal value added tax (VAT). The total price of your order, including all additional costs and shipping, will be communicated to you with the order confirmation. For shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and must be paid by the customer.
By placing a binding order, you declare that you agree with the total price for the ordered products.
TIMMswisslogger GmbH reserves the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order was placed.
5. Payment terms/credit check
Orders are generally due for payment immediately.
With the payment method "advance payment", the products will be sent by TIMMswisslogger GmbH only after receipt of payment. If the customer does not make payment within the specified period, TIMMswisslogger GmbH is free to waive delivery and charge the customer for expenses already incurred.
When paying by invoice, the customer will receive the invoice with a payment slip upon delivery of the goods or by e-mail. TIMMswisslogger GmbH is expressly authorized by the customer to conduct credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, TIMMswisslogger GmbH is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection, we will charge an additional processing fee of at least CHF 200.
6. Terms of delivery
The delivery service for the delivery is determined by the TIMMswissloggers. The costs incurred must be paid by the buyer. Products in stock will be made available for shipment within 7-10 business days after receipt of full payment, depending on the destination.
If the products are not in stock at the time of ordering, TIMMswisslogger GmbH will make every effort to deliver the products as soon as possible. TIMMswisslogger GmbH will make every effort to meet the indicated delivery times. However, TIMMswisslogger GmbH is not responsible for delays in delivery, regardless of their causes. We will inform you immediately of any delays in delivery.
If the delay in performance lasts more than 4 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, especially claims for damages, are excluded.
Deliveries shall be made both within and outside Switzerland Ex Works / Ex Works (EXW) in accordance with Incoterms 2020 of the International Chamber of Commerce (ICC) available at https://iccwbo.org/resources-for-business/incoterms-rules/incoterms-2020/. This means that the Seller's place of business is the place of delivery, where the transfer of costs and risks to the Buyer takes place simultaneously. The loading of the goods is the responsibility of the buyer. In case of international deliveries, the seller is not obliged to clear the goods for export. The buyer must clear the export, if necessary. Transit and import. In addition, the buyer undertakes to hand over to the seller all VAT receipts relevant to the seller in connection with the export. If he fails to do so despite being requested to do so by the seller, the buyer shall reimburse the seller for any tax consequences arising from missing export documents.
7. Retention of title
TIMMswisslogger GmbH remains the owner of the delivered products until they have been paid in full.
8. Notice of defects/warranty
TIMMswisslogger GmbH warrants that the goods correspond to
the warranted characteristics and that they have no defects that could impair their value or suitability for the intended use.
Upon receipt of the products, the customer must check them immediately for correctness, completeness and possible damage. Errors or damage must be reported to TIMMswisslogger GmbH within 5 working days. Defects that could not be discovered during a proper inspection and only occur later must be reported in writing immediately after their discovery. If you do not examine the defect or report it immediately, the goods are considered approved and you are no longer entitled to make claims against us.
The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the buyer's own fault.
The customer's warranty claims are limited, at the discretion of TIMMswisslogger GmbH, to replacement delivery or rectification of defects/repair or cancellation of the contract (redhibitory action) to the exclusion of all other claims, especially reduction or replacement of indirect and consequential damages. The customer is not entitled to commission third parties with the repair. In such a case there is no claim for reimbursement of costs. The customer's warranty claim expires in the event of technical intervention and defects that are due to improper handling, excessive stress, use for purposes other than those for which they were intended, external influences (moisture damage, contact with liquids, impacts, etc.) or failure to observe the operating or maintenance instructions of TIMMswisslogger GmbH.
For complaint notification or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
TIMMswisslogger GmbH, Schachen 2, 0041 76 216 08 85 and email@example.com.
The defective product must be returned to the above-mentioned address of TIMMswisslogger GmbH with a copy of the invoice and a detailed description of the defect. Under no circumstances will TIMMswisslogger GmbH reimburse any damage resulting from the removal of the logger from the deployment device. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, since in the event of a lost package, your warranty claim cannot be processed.
9. Claims and complaints
We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning of this page. We will endeavour to investigate your inquiries and complaints as quickly as possible and will contact you as soon as we receive the documents or your submission or complaint. If you have any complaints or claims, please help us by telling us the exact problem or error codes and, if necessary, provide a copy of the order documents or at least indicate the order number, customer number, etc. We aim to reply to you within 5 working days.
TIMMswisslogger GmbH is liable for breach of its own obligations under these terms and conditions and the contractual relationships based on them for damages caused and proven by it [through unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability is expressly excluded, whether based on a contract, an unauthorized act or for any other reason. Indirect damage includes, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairment or interruption of the availability of the services of TIMMswisslogger GmbH. In addition, TIMMswisslogger GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons who are used to provide the service.
The above exclusions and limitations of liability do not apply to culpable injury to life, body and health directly caused by TIMMswisslogger GmbH, as well as in the case of mandatory legal regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the price of the goods that the customer ordered from us.
Liability for direct and indirect damages (including property damage and personal injury) resulting from incorrect or improper attachment of the logger to the deployed equipment (e.g. parachute, hang-glider, balloon, sail) is expressly excluded. TIMMswisslogger GmbH is in no way responsible for compliance with the applicable safety and operating regulations when attaching the logger to the operational device. The installation of the logger is the sole responsibility of the buyer.
TIMMswisslogger GmbH also excludes any responsibility for the functioning of the RECCO© Backup System including services.
In the event of an event that is beyond our influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these GTC and the contractual relationship based on them. An event beyond our control is for example in the following cases:
In case of strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.
If an event outside our sphere of influence occurs that affects the fulfillment of our obligations within the contract, we will inform you of this at the earliest possible time.
11. Data protection
The information and content published on the website are protected by copyright and are the property of TIMMswisslogger GmbH or the respective rights holder. Reproduction, editing, distribution or any other form of use requires the prior written consent of the respective copyright holder. TIMMswisslogger GmbH and the respective rights holder expressly reserve all rights in this regard.
13. Severability clause
If one of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the greatest possible account of the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract. The same applies to possible gaps in these GTC.
14. Applicable law and place of jurisdiction
These General Terms and Conditions, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdictionis the headquarters of TIMMswisslogger GmbH in Schachen b. Reute (Switzerland).
These provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his habitual residence, which take precedence over these GTC.
The GTC have been translated from German into English. The current and legally valid version of the GTC's is the German version. This is always available at the following address https://timmswisslogger.com/terms.