General Terms & Conditions (GTC)

General terms and conditions - Tecflower AG

Please note: Only the German original of these General Terms and Conditions of Tecflower AG is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.

1 Scope of application

The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shop und (hereinafter individually referred to as “online shop”). The online shop is operated by Tecflower AG.

Tecflower AG reserves the right to changes these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognized.

Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.

2 Information

2.1 Product and price

Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.

Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.

All prices quoted are net, include value added tax (VAT) and, where applicable, include an advance recycling contribution, packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. Tecflower reserves the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.

Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurance etc., are listed separately in the shopping cart and on the invoice.

2.2 Availability and delivery times

Tecflower AG is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for Tecflower AG. Therefore, all information on availability and delivery times is subject to change.

2.3 Additional services: installation

Installation includes the unpacking and installing of the ordered product including the taking back of packaging.

3 Contract Conclusion

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.

A contract for products or services from Tecflower shall be deemed concluded with Tecflorwer AG as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).

Customers are informed of their order placement by means of an order confirmation by Tecflower AG, which is sent to the e-mail address provided by the customer. The receipt of the order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Tecflower AG under condition of deliverability and correct price quotation.

4 Delivery date

Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by Tecflower AG is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Tecflower AG will refund the customer any amount paid in advance. No further claims towards Tecflower AG apply.

5 Delivery

Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Tecflower AG may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.

6 Customer obligation to inspect products

Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness, and potential transport damage.

The customer shall inform Tecflower AG of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. The customer is aware that this information needs to be given via the section “Returns and warranty” in his/her personal customer account. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in “Returns and warranty”.

7 Warranty

7.1 Basic provisions

Tecflower AG warrant for two years from delivery date or in-store collection that the ordered product will be free from defects and fully functional. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. Tecflower AG shall provide warranty either by

  • repairing the product free of charge (original warranty period continues to apply to the entire product);
  • providing a partial or full replacement with an equivalent product (for replacement within the first year of warranty, the original warranty period continues to apply. For replacement within the second year of warranty, the warranty period is one year starting from the time of replacement);
  • replacing the product through Tecflower (the warranty period of two years starting from the time of replacement applies);
  • providing a refund at current price (no more than the sales price at the time of the original order); or
  • giving a price reduction.
Tecflower AG explicitly exclude warranty for wear and tear parts such as batteries, rechargeable batteries, adapters, bulbs and for software problems. Otherwise, liability exclusion pursuant to point 8 applies.

While the warranty claim is being processed, Tecflower AG may, at their own discretion, provide the customer with a replacement device (replacement subject to reservation). This shall apply on condition (precedent) that a warranty claim actually exists. Therefore, the customer only gains ownership of the replacement product at the time of promise of guarantee by Tecflower AG. If the warranty claim is rejected by Tecflower AG or the merchant, the customer may purchase the replacement product at retail value at the time of delivery or is obliged to return the replacement device at his or her own expense.

All further-reaching and in particular the legal provisions for warranty are excluded.
8 Liability and exclusion of liability

Liability is based on the applicable legal provisions. However, in no event shall Tecflower be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Tecflower AG, be this contractual or non-contractual.
Moreover, Tecflower will not accept any liability in the following cases:
  • storage, setting or use of products that is improper, unlawful or contrary to contract;
  • use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improper modification or repair of the products by our clients or a third party;
  • force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Tecflower AG or official orders.

9 Payment

When paying by credit card or other instant payment methods, the amount is debited at the time of order.

10 Order change or cancellation

Order placement obliges the customer to accept the products and services. Tecflower AG may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.

In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

11 Returning non-defective products

According to the conditions listed in the Return Policy, Tecflower AG grants the right to return ordered products within a maximum of 14 calendar days, from their dispatch or collection.

The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.

Should customers exercise their right of return according to the above-mentioned return conditions, Tecflower AG shall refund the total purchase price minus a handling fee.

12 Repairs outside of the warranty

All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer. Tecflower AG reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.

13 Further provisions

13.1 Non-allocatable returns

Returns that cannot be allocated or returned to a customer are retained for six months by Tecflower AG before being disposed of.

13.2 Undeliverable warranty goods

If the goods cannot be returned to the customer, Tecflower AG is entitled to use and, in particular, to dispose of the respective item.

13.3 Data privacy protection

The Data Protection statement is an integral part of these GTC. By accepting these GTC, customers also agree to the Privacy Statement.

13.4 Partial invalidity

Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.

13.5 Place of jurisdiction and applicable law

All legal relations between Tecflower AG and customers are subject to substantive Swiss law.

13.6 Copyright notice

All rights to these GTC, particularly copyrights, are reserved by Tecflower AG.

All reproduction, distribution or other use is prohibited except with written permission from Tecflower AG. In the event of breach of this requirement, Tecflower AG reserves the right to take legal action.