1. Object of the contract
These general business, sales and delivery terms and conditions regulate the contract relationships between Thali AG on the one hand and the private or business customer (hereinafter called "Customer"), on the other hand. Other regulations only apply to the extent that they have been pre-agreed in writing by Thali AG.
2. Contract conclusion
The offer designed as an invitation to tender on the home page of Thali AG is subject to confirmation generated at the time and is only valid for the area of Switzerland and Liechtenstein. The e-mail (order confirmation) sent in the time of the online order represents merely a confirmation of the ordering data received. The sales contract does not take effect until the Customer is informed with another e-mail (dispatch report) about it that the ordered products have been sent out or, if any dispatch report is waived, of the dispatch. Thali AG does not execute obviously improper or incomplete orders and does not deliver to PO boxes or consignments on approval as well as no view shipments.
The end consumer prices communicated by Thali AG are in Swiss francs, net as ex domicile in Hitzkirch, including customs and value added tax. The costs for packing, transportation and insurance are not included. The prices, delivery and payment conditions agreed on individually apply to trading partners of Thali AG. All price quotations and publication dates are provided without guarantee.
4. Terms of payment
All invoices are payable net within 10 days from the date of invoice. Bills of exchange will be accepted without costs and charges, provided that this has been specifically agreed upon beforehand. Partial deliveries must be paid within the scope of the individual delivery. Payment dates must also be observed if the delivery, transport, assembly, commissioning or acceptance of the goods is delayed for reasons which are not imputable to Thali AG. Payments cannot be reduced or withheld due to complaints or claims not accepted. Thali AG is authorized, in case of default of payment, without any additional reminder, to invoice to the Customer the current bank interest and any additional expenses incurred, where applicable, as well as to discontinue any further deliveries to the Customer, either in whole or in part. The Customer is not entitled to set off any counter-claims against claims of Thali AG.
5. Terms of delivery
The delivery periods are agreed on in the specific delivery agreement with the Customer. Thali AG is entitled to reasonably extend the delivery period if force majeure or any other circumstances not attributable to Thali AG delay timely delivery. The same applies if the Customer has come into default with any payments from earlier deliveries. A delay of delivery does not entitle the Customer to assert any claims for compensation for damages. If the delivery is delayed or becomes impossible for any reasons not attributable to Thali AG, the goods will be stored temporarily by Thali AG at the Customer's expense and risk.
6. Transport and Insurance
Transport and/or dispatch is/are performed at the Customer's expense and risk.
Thali AG chooses the most suitable shipping method in each case. Complaints are to be directed directly to the dispatcher The Customer is responsible to conclude the transport protections or other assurances. However, the Customer can request Thali AG to take out the necessary transport or other kinds of insurance at the Customer's expense.
7. Reservation of title
Any goods delivered or stored will remain the property of Thali AG until the purchase price has been paid in full. Incidentally, Thali AG is entitled to have the reservation of title registered.
If any measures are taken to protect the property, the Customer is obliged to cooperate.
The Customer must check the goods immediately upon receipt, at the latest within ten days, and notify Thali AG in writing of any deficiencies, enclosing the delivery note. If this is not the case, the goods are deemed to be accepted by the Customer.
9. Warranty / guarantee
The warranty of Thali AG for the products delivered is fully governed by the guarantee provisions of the manufacturer or supplier. Taking the respective guarantee provisions of the manufacturer or supplier as a basis, the warranty is limited, as a general rule, to subsequent improvement or replacement of the defective products. The warranty for defects not attributable to the manufacturer or Thali AG, in particular for improper storage, non-compliance with the operating instructions, normal wear and tear, improper handling, force majeure or similar reasons, is excluded. Guarantee claims must be asserted in writing immediately upon detection, enclosing the product complained of in its original packaging and enclosing a detailed description of the error(s)/defect(s) as well as the proof of purchase, sending them to Thali AG, Industriestrasse 14, CH-6285 Hitzkirch. The costs incurred for the return will be assumed by the Customer. Individual manufacturers or suppliers require that any guarantee claims be asserted directly vis-à-vis them. In any case, the handling of any guarantee claims is governed by the processes defined by Thali AG and by the manufacturers.
10. Right of return
For both private and business customers, the products distributed by Thali AG are excluded from return in general if the data carrier pocket was opened, if it concerns a procurement product or if the product is incomplete or does not present its initial delivery condition. If purchased goods paid with a credit card, a 10-ten right of revocation including full reimbursement of the purchase price applies. Customer as a reseller, the Customer has a right of return in exceptional cases to the extent that this had been provided for in the written delivery agreement. Publishing products delivered subject to a right of return (RR) are taken back only up to the approved date and with a corresponding return approval. The costs for returns are borne by the Customer in all cases.
11. Intellectual property
Thali AG reserves all rights to all contents published on this website (texts, pictures etc.). They may be re-used by third parties only with the written approval of Thali AG.
12. Data protection
Thali AG assures to the Customer that the provisions of the Swiss Data Protection Act and of the relevant legal standards will be complied with during the collection, processing and use of any personal or company data. As a condition for the operation of the online store, a cookie will be stored on the Customer's hard disk to optimize technical processes. Moreover, personal data and the IP address are stored in electronic form during the processing of orders. The stored data are only transmitted to third parties only to the extent that this is absolutely necessary to ensure proper execution of the contract. The Customer hereby expressly agrees to the processing of his/her data.
The Customer undertakes to keep the customer number and the password handed over to him/her at a safe place and to keep secret these codes towards unauthorized third parties. Thali AG does not assume any responsibility for any damage suffered by the Customer by the fact that his/her customer number or password are misused by any unauthorized parties.
14. Manufacturer licences provisions
Concerning the allowed use of the products distributed by them, Thali AG expressly refers to the respective applicable licence provisions. The published data is based on information of manufacturers and distributors. Any information is provided without guarantee. This mainly applies to information about the scope of supply and system requirements. Pictures may differ from the original.
15. Place of fulfilment, applicable right and law courts
The place of fulfilment is the registered office of Thali AG, located in Industriestrasse 14 in Hitzkirch. The legal relationship of the parties is subject to Swiss law. Any disputes from the contract should where possible, always be settled amically. If an amicable arrangement does not come about, the responsible court decides in ordinary proceedings. The place of jurisdiction for commercial customers is Hochdorf/LU; for private customers, it is the Customer's place of residence.
© Thali AG, Version 1.4.3, 15.12.2016