Terms and Conditions

General Terms and Conditions (GTC) of TOMAC Tools (Cumalux AG)

1. Scope
1.1 These General Terms and Conditions apply to all offers, deliveries and services of Tomac Tools (a brand of Cumlux AG) within the framework of its business relationships with its customers.
1.2 Deviating or additional terms and conditions of the customer shall only become part of the contract if Tomac Tools (Cumalux AG) has expressly agreed to them in writing.

2. Conclusion of contract
2.1 A contract is concluded by the written confirmation of the order by Tomac Tools (Cumalux AG) or by delivery of the goods.
2.2 Tomac Tools (Cumalux AG) reserves the right to refuse orders without giving reasons.

3. Prices and payment terms
3.1 All prices quoted are in Swiss francs (CHF) including statutory VAT.
3.2 Unless otherwise agreed, payments are due within 30 days of the invoice date without deduction.
3.3 In case of late payment, Tomac Tools (Cumalux AG) reserves the right to charge default interest at a rate of 5% per annum as well as reminder fees.

4. Delivery and shipping
4.1 Delivery will be made ex warehouse to the address provided by the customer. Shipping costs will be invoiced separately to the customer.
4.2 Delivery dates are non-binding unless they have been expressly confirmed as binding.
4.3 In the event of force majeure or other unforeseeable, extraordinary and unavoidable circumstances that prevent delivery, the Tomac Tools (Cumalux AG) is entitled to postpone delivery or to withdraw from the contract.

5. Retention of title
5.1 The delivered goods remain the property of the Tomac Tools (Cumalux AG).
5.2 The customer is obliged to treat the goods subject to retention of title with care and, if necessary, to insure them against theft, fire and water at his own expense.

6. Warranty and Liability
6.1 The Tomac Tools (Cumalux AG) guarantees that the goods are free of defects upon delivery. Obvious defects must be reported in writing within 10 days of receipt of the goods.
6.2 If a defect exists, the Tomac Tools (Cumalux AG) is entitled to repair or replace the defect. Further claims, in particular for damages, are excluded unless there is gross negligence or intent.
6.3 Liability for slight negligence is excluded to the extent permitted by law.

7. Right of withdrawal
7.1 Customers have the right to withdraw from the contract within 14 days without giving any reason.
7.2 The revocation must be made in writing to Tomac Tools (Cumalux AG). The goods must be returned unused and in their original packaging.
7.3 The return costs shall be borne by the customer unless the goods are defective.

8. Data protection
8.1 The Tomac Tools (Cumalux AG) collects and processes personal data only within the framework of the legal provisions.
8.2 Further information on the collection and processing of personal data can be found in our privacy policy.

9. Force majeure
9.1 Events of force majeure that hinder the performance of the contract entitle the Tomac Tools (Cumalux AG) to postpone the fulfillment of the contract for the duration of the hindrance and a reasonable start-up period or to terminate the contract in whole or in part.

10. Disclaimer for links
10.1 The Tomac Tools (Cumalux AG) assumes no liability for the content of external links. The operators of the linked sites are solely responsible for their content.

11. Changes to the General Terms and Conditions (GTC)
11.1 These Terms and Conditions (T&Cs) may be amended from time to time to reflect current legal requirements or changes to our services. The most current version can be found on our website.

12. Final provisions
12.1 Swiss law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 Place of performance and exclusive jurisdiction for all disputes is the registered office of Tomac Tools (Cumalux AG) in Buchberg (SH), Switzerland.
12.3 Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the parties undertake to agree on a valid provision that most closely approximates the economic intent of the invalid provision.

May 2025