TOMAC Tools – a brand of Cumalux AG

1. Scope and Contractual Partner

1.1  TOMAC Tools is a brand of Cumalux AG, Sandackerstrasse 2, 8454 Buchberg, Switzerland (hereinafter the “Provider”). The contractual partner of the customers is Cumalux AG.

1.2  These General Terms and Conditions apply to all offers, deliveries and services provided by the Provider to business and private customers (hereinafter the “Customer”).

1.3  Any deviating or supplementary conditions provided by the Customer shall only form part of the contract if the Provider has expressly agreed to them in writing.

1.4  Mandatory statutory provisions, in particular those protecting consumers, take precedence over these General Terms and Conditions. To the extent that individual clauses conflict with such provisions, they shall apply only to the extent permitted by law.

2. Conclusion of Contract

2.1  The presentation of goods and services in the online shop, catalogue or brochure does not constitute a binding offer, but is a non-binding invitation to order.

2.2  A contract is concluded by the Provider confirming the order or by the delivery of the goods.

2.3  The Provider is entitled to reject orders without stating any reasons.

3. Prices and Payment Terms

3.1  All prices are in Swiss francs (CHF) and include statutory value added tax. Prices disclosed to consumers shall comply with the Price Disclosure Ordinance (PBV).

3.2  Unless otherwise agreed, payments are due without deduction within 30 days of the invoice date.

3.3  In the event of late payment, the Provider is entitled to charge default interest at a rate of 5% per annum (Art. 104 OR) as well as reasonable collection costs.

4. Delivery, Shipping and Transfer of Risk

4.1  Delivery is ex works to the address specified by the Customer. Unless otherwise stated, shipping costs will be invoiced separately.

4.2  Delivery dates are non-binding unless expressly confirmed as binding.

4.3  For consumers, the risk passes to the Customer upon delivery of the goods. For business customers, the risk passes upon delivery to the carrier.

4.4  In the event of force majeure or other unforeseeable, extraordinary circumstances beyond the Provider's control that prevent delivery, the Provider is entitled to postpone delivery or withdraw from the contract in whole or in part.

5. Retention of Title

5.1  The delivered goods remain the property of the Provider until full payment has been received. The retention of title is effective against third parties only upon entry in the retention of title register at the Customer's domicile (Art. 715 ZGB); the Provider is entitled to make such an entry.

5.2  The Customer shall take proper care of the goods subject to retention of title and, if necessary, insure them against theft, fire and water damage at its own expense.

6. Warranty and Notification of Defects

6.1  The Provider warrants that the goods shall, upon delivery, possess the warranted properties and be free from defects that impair or substantially reduce their value or fitness for purpose (Art. 197 et seq. OR).

6.2  Business customers must inspect the goods immediately upon receipt and report any defects in writing without delay (Art. 201 OR). Consumers must report obvious defects in writing within 10 days of receipt and hidden defects immediately upon discovery.

6.3  If a defect exists, the Provider is initially entitled to remedy the defect or deliver replacement goods. If this is unsuccessful, the Customer shall have the statutory right to rescind the contract or reduce the purchase price (Art. 205 OR).

6.4  Warranty claims shall lapse two years after delivery of the goods (Art. 210 OR). For goods intended for personal or household use, this period shall not be reduced to less than two years (and for used goods, not to less than one year).

7. Liability

7.1  The Provider shall be fully liable for damages caused intentionally or through gross negligence; any advance agreement excluding such liability shall be void (Art. 100 OR).

7.2  Liability for slight negligence is excluded to the extent permitted by law. Liability for indirect and consequential damages is excluded in particular.

7.3  Mandatory statutory liability remains unaffected, in particular liability for personal injury and liability under the Product Liability Act (PrHG).

8. Voluntary Right of Return

8.1  The Provider voluntarily and as a gesture of goodwill grants a right of return: The Customer may return the goods within 14 days of receipt without stating any reasons. No statutory right to this return exists.

8.2  The return must be reported to the Provider in writing; the goods must be returned unused and in their original packaging. The Customer shall bear the return shipping costs unless the goods are defective.

8.3  The mandatory statutory right of withdrawal for door-to-door sales and similar contracts (e.g. at sales events, in the workplace or by telephone; Art. 40a–40g OR) remains unaffected. It applies to movable goods and services for personal or household use where the Customer's performance exceeds CHF 100 and shall be 14 days. Contracts concluded in the ordinary course of online or shop sales are not covered.

9. Force Majeure

9.1  In the event of force majeure or other circumstances beyond the Provider's control that prevent the performance of the contract, the Provider is entitled to postpone performance for the duration of the impediment and a reasonable start-up period or to terminate the contract in whole or in part. Any consideration already provided shall be refunded in such case.

10. Data Protection

10.1  The Provider shall process personal data only within the scope of the statutory provisions, in particular the Data Protection Act (DSG).

10.2  Details on the processing of personal data are set out in the Provider's privacy policy.

11. Disclaimer for External Links

11.1  The Provider accepts no liability for the content of external linked websites. The operators of such websites are exclusively responsible for such content.

12. Amendments to the Terms and Conditions

12.1  The provider may amend these Terms and Conditions to reflect changes in legal requirements or the offer. For a contract already concluded, the version in force at the time the contract was concluded shall apply. Otherwise, the version published on the website shall apply.

13. Final Provisions

13.1  The contractual relationship is governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Law, CISG).

13.2  The place of performance and the venue for all disputes is the provider's registered office in Buchberg (SH). Mandatory statutory venues remain reserved, in particular the venue for consumers, which cannot be waived in advance (Art. 32 and 35 ZPO).

13.3  Should any provision of these Terms and Conditions be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a valid one that comes as close as possible to the original economic purpose.