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General Terms and Conditions (AGB) of TAUTA-HOME GMBH
1. General information
The General Terms and Conditions apply to all services and products which are provided, delivered and sold to the customer or buyer by TAUTA-HOME GMBH (hereinafter referred to as "Provider") via the online store www.tauta-home.com.
Deviating regulations are only valid if they have been expressly agreed in writing between the Provider and the customer. By completing and sending the order for the relevant products, the customer accepts these terms and conditions.
Any special or general contractual conditions contradicting these GTC are not accepted by the Provider and are not valid in the relationship between the Provider and the Customer. Individual agreements have priority over these GTC.
2. Conclusion of contract
The contract is concluded between the customer and TAUTA-HOME GMBH.
The pictorial representation of the products in the online store represents a non-binding online catalog. By clicking the "Buy" button, the customer places a binding order for the goods contained and described in the shopping cart.
The order via the online store of the provider comprises 4 steps:
The customer selects the desired articles. These are stored in the shopping cart.
The customer must provide his customer data including invoice address and, if necessary, a different delivery address.
The customer selects the shipping method and the payment method.
In the last step the customer has the possibility to check the order once more and to correct it if necessary before the order is sent to the provider by clicking on BUY NOW.
The order is accepted immediately after sending by an automated e-mail by TAUTA-HOME. With this e-mail the purchase contract is concluded.
Prices are in Swiss Francs including VAT. Excluded from this are the shipping costs. These are charged separately for each order and depend in particular on the size and weight of the goods as well as on the selected shipping method.
Your shipping fee includes all additional customs charges.
The place of performance for deliveries is the registered office of the supplier. With the handing over of the goods to the post office or parcel service, to the forwarding agent or carrier, but at the latest when leaving the company building, the transport risk is transferred to the buyer. The packaging and postage costs will be charged to the buyer. The customer has the choice between shipping by A- or B-mail. There is also the possibility to pick up the products by arrangement (firstname.lastname@example.org) directly at the registered office of the provider.
5. Delivery dates
Certain delivery dates are generally not agreed. Indicated delivery times are for orientation only. The customer is obliged to accept the delivered goods.
The buyer can only derive a claim for damages from late or delayed delivery if the supplier can be charged with intent or gross negligence.
If the provider cannot fulfill its delivery obligations due to operational disruptions, lack of labor, strike, failure to deliver, fire damage, armed conflicts, official orders, significant changes in currency conditions or due to force majeure, it is released from the obligation to perform.
The customer has the possibility to pay the open invoice amount via credit card/postcard/paypal or by prepayment (against invoice). If the payment is made by prepayment, the customer has to pay the demanded amount within 48 hours after receipt of the invoice, otherwise the order expires.
The provider guarantees that the product is free from defects in material and manufacture. Any defects must be reported to the provider in writing within 3 working days. It is up to the Provider to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs in the case of third-party repairs is excluded. During the time of the repair the customer has no claim to a replacement product. The warranty period starts anew for the repaired element, for the remaining elements of the product the original warranty period continues.
The liability for direct damages is limited to the sales price of the affected product. This limitation of liability does not apply to direct damages caused by gross negligence or intent. If the provider should be obliged to pay damages, the amount of liability is limited to the net invoice value. Loss of profit, consequential harm caused by a defect and damages to third parties will not be compensated.
9. Right of return
The customer has the right to return the products within 10 days of receipt or to return them personally to the supplier's warehouse. In case of a shipment, the date of the postmark is valid. The customer has to bear the costs of the return shipment. In case of personal delivery the exact date will be recorded by email (email@example.com). The goods are to be returned in perfect and unworn condition in the original packaging. A return slip must be enclosed with each return. Dirty, damaged or bad smelling products cannot be taken back. In this case, the customer must fully indemnify the supplier for the damage caused by the damaged goods.
10. Severability clause
Should any provision of these terms and conditions be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any regulatory gaps.
11. Applicable law, place of jurisdiction
The contracts between the parties are subject to Swiss law. As far as there are no mandatory legal provisions, the court at the place of business of the provider is responsible. The United Nations Convention on Contracts for the International Sale of Products under the Vienna Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
12. Product deviations
Since all our products are handmade unique specimens, small differences can occur when using the same items. Of course we know that you appreciate the uniqueness of our products.