General Terms and Conditions (GTC) of Tibitex Andrea Beer
The following General Terms and Conditions (GTC) apply to all orders placed through our website. The offering on this website is aimed exclusively at consumers domiciled in Switzerland or in the Principality of Liechtenstein (hereinafter “Customer”).
1. Scope
A consumer is a natural person who maintains business relations with Tibitex that can be attributed neither to their commercial nor to their self-employed professional activity. Orders in quantities beyond normal household requirements may be refused without giving reasons.
Tibitex reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order is authoritative in each case and cannot be amended unilaterally for that order. Conflicting terms of the Customer, or terms deviating from these GTC, are not recognised.
This website is operated by Tibitex Andrea Beer.
2. Information on this website
Tibitex Andrea Beer provides information about products and services. Price and range changes as well as technical changes are reserved. All details on www.tibitex.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory compatibility and other details) serve as illustration, are to be understood as approximate values and are non-binding. In particular, they do not constitute any assurance of characteristics or guarantees, unless expressly stated otherwise. Tibitex endeavours to provide all details and information on this website correctly, completely, up to date and clearly, but Tibitex can give no warranty for this, either express or implied.
All offers on this website are without obligation and are not to be understood as a binding quotation.
Tibitex cannot guarantee that the products listed will be available at the time of the order. All details on availability and delivery times are therefore without warranty and may change at any time and without notice.
3. Prices
The sales prices stated on Tibitex are final prices and include, unless stated otherwise, statutory charges such as advance recycling fees (VRG) or copyright levies on electronic devices. The prices are strictly net in Swiss francs (CHF).
Any shipping costs are charged in addition, unless provided otherwise, and are payable by the Customer. Shipping costs are shown separately during the ordering process.
Technical changes, errors and misprints are reserved; in particular, Tibitex may change prices at any time and without prior notice. The sales prices do not include any advisory or support services.
4. Conclusion of contract
The products and prices on this website are non-binding offers.
By placing an order through this website, including acceptance of these GTC, the Customer submits a legally binding offer to conclude a contract. Tibitex then sends an automatic order receipt confirmation by email confirming that the Customer’s offer has reached Tibitex. Orders placed are binding on the Customer, irrespective of the payment method.
Acceptance of the order by Tibitex Andrea Beer, and thus conclusion of the purchase contract, only takes place upon delivery of the goods. The Customer receives an email with the dispatch confirmation.
Orders are only dispatched once payment has been received in full and provided the goods are available. Should it turn out that the goods ordered cannot be delivered, or cannot be delivered in full, Tibitex is entitled not to accept or execute the order, or to accept or execute it only in part. In such a case Tibitex will inform the Customer by email. If the Customer’s payment has already reached Tibitex, the payment will be refunded to the Customer. If no payment has yet been made, the Customer is released from the obligation to pay.
5. Payment options and retention of title
The payment options stated during the ordering process are available to the Customer.
For payment by credit card, TWINT, Postcard or Postfinance eBanking, the Customer data is stored by the software provider Wallee AG, Winterthur in the data cloud of Amazon Web Services EMEA SARL, Luxembourg (a subsidiary of Amazon Web Service Inc., USA) on their servers in Ireland and checked by the firewall of Cloudflare Inc., USA. Abroad, this data is no longer subject to Swiss data protection law and banking secrecy. This is an offering from Postfinance and unfortunately cannot be influenced by me. If you do not want this, I recommend the payment method advance payment.
Tibitex reserves the right to exclude Customers from individual payment options without giving reasons, or to insist on advance payment.
If the Customer is in default of payment, Tibitex may charge default interest of 5% per year as well as a reminder fee of no more than CHF 20.- per reminder.
The products delivered to the Customer remain the property of Tibitex until payment has been made in full.
6. Delivery, duty to inspect, notice of defects and returns
Deliveries are dispatched by post or courier service to the address given by the Customer in the order.
Tibitex endeavours to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are non-binding. Tibitex is entitled to make partial deliveries. In this case the shipping costs are charged to the Customer only once.
Where delivery against invoice is offered, the invoice is sent at the discretion of Tibitex by email or by post.
If the delivery cannot be delivered or the Customer refuses to accept it, Tibitex may terminate the contract after giving notice by email to the Customer and allowing a reasonable period of grace, and may charge for the costs incurred.
The Customer is obliged to inspect the goods delivered immediately upon receipt of the delivery and to report any defects for which Tibitex provides a warranty without delay in writing, by letter or email, to the address given in the legal notice.
Returns to Tibitex are made at the Customer’s expense and risk. The Customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects, to the return address specified by Tibitex.
If the inspection by Tibitex shows that the goods have no detectable defects or that these are not covered by the manufacturer’s warranty, Tibitex may charge the Customer for the effort incurred, for the return shipment or for any disposal.
7. Right of withdrawal
The Customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the Customer sends the written withdrawal by email or letter (address as given in the legal notice) to Tibitex within the deadline. No reasons need to be given for the withdrawal.
Exercising the right of withdrawal leads to a reversal of the contract. Within 10 calendar days the Customer must return the goods in their original packaging, complete with all accessories and together with the delivery note, to the return address given by Tibitex in the legal notice. Returns to Tibitex are made at the Customer’s expense and risk. Any payment already made will be refunded to the Customer within 20 calendar days, provided that Tibitex has already received the goods back or the Customer can provide proof of dispatch.
Tibitex reserves the right to demand reasonable compensation for damage, excessive wear or loss of value due to improper handling, and to deduct the reduction in value from the purchase price already paid or to charge it to the Customer.
No right of withdrawal is granted in the following cases:
- Where the contract contains an element of chance, in particular because the price is subject to fluctuations over which the supplier has no influence;
- Where the contract concerns movable goods which, by their nature, are not suitable for return or may perish quickly;
- Where the contract concerns movable goods that are made to the Customer’s specifications or are clearly tailored to personal requirements. This applies to fabric cut to length for the Customer;
- Where the contract concerns digital content and this content is not supplied on a physical data carrier, or where the contract is to be performed in full immediately by both contracting parties;
- Where the contract concerns a service and the contract is to be performed in full by the supplier, with the prior express consent of the Customer, before the withdrawal period has expired;
- In the areas of accommodation, transport, supply of food and drink and leisure activities, where the supplier undertakes at the time of conclusion of the contract to provide the services at a specific time or within a precisely specified period.
8. Warranty
Tibitex endeavours to deliver goods in flawless quality. Where defects are reported in good time, Tibitex provides a warranty for freedom from defects and functionality of the item purchased by the Customer during the statutory warranty period of, as a rule, two years from the date of delivery. It is at the discretion of Tibitex whether the warranty is provided by free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.
The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the Customer or third parties, or defects attributable to external circumstances. Likewise, the warranty is excluded for consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.).
Tibitex is unable to give any assurances or guarantees as to the currency, completeness and accuracy of the data, or as to the constant or uninterrupted availability of the website, its functionality, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that use of the website will not infringe any rights of third parties that are not held by Tibitex.
9. Liability
Tibitex excludes all liability, irrespective of its legal basis, as well as claims for damages against Tibitex and against any auxiliary persons and vicarious agents. In particular, Tibitex is not liable for indirect damage and consequential damage caused by defects, for loss of profit or for other personal injury, property damage and pure financial loss suffered by the Customer. More extensive mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
Tibitex uses hyperlinks solely to give the Customer simplified access to other web offerings. Tibitex can neither know the content of these web offerings in detail nor accept liability or any other responsibility for the content of these websites.
10. Data protection
Tibitex may process and use the data collected in connection with the conclusion of the contract in order to fulfil the obligations arising from the purchase contract, and may also use it for marketing purposes. The data required to perform the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions can be viewed in detail at the following link: Privacy Policy
11. Partial invalidity
Should individual provisions of these GTC prove to be, or become, ineffective or unenforceable, the effectiveness of the remaining provisions shall remain unaffected.
12. Further provisions
Tibitex expressly reserves the right to amend these GTC at any time and to bring them into force without notice.
In the event of disputes, Swiss substantive law applies exclusively, to the exclusion of conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is expressly excluded.
The place of jurisdiction is Wolfenschiessen / the registered office of Tibitex Andrea Beer.
13. Contact
If you have any questions about these GTC, please get in touch with:
Tibitex Andrea Beer
Humligenweid 3
6386 Wolfenschiessen
service@tibitex.ch