Terms and Conditions (GTC)

1. Scope

These general terms and conditions (“GTC”) apply to the business area of mimodo AG, Am Falter 9, 8966 Oberwil-Lieli, (hereinafter “company”). The company is active in the sale and production of children's furniture.

These terms and conditions apply to the above-mentioned areas as well as the other services that the company provides directly and indirectly to the customer.

2. Conclusion of the contract

The contract is concluded when the order is placed.

The contract is also concluded when the customer makes use of the services offered by the company or purchases or uses products from the company.

3. Prices

Subject to other offers, all prices are in Swiss Francs (CHF). All prices include any applicable value added tax (VAT).

The prices include any other applicable taxes.

The company reserves the right to change prices at any time. The prices valid at the time of the order on the website www.tuki.ch apply. The prices valid at the time of the conclusion of the contract apply to the customer.

4. Payment

The customer is obliged to pay the invoiced amount within 30 days of the invoice date. Unless he has already paid the amount during the ordering process via credit card, PayPal or other payment systems.

If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer owes default interest in the amount of 5%.

The company reserves the right to request prepayment at any time without giving reasons.

Offsetting the amount invoiced against any claims by the customer against the company is not permitted.

The company has the right to refuse delivery of the product in the event of default in payment.

5. Company Obligations

5.1. Service delivery

Unless otherwise agreed, the company fulfills its obligation by providing the agreed service. The service includes the services that were defined on our website at the time the contract was concluded. 

6. Obligations of the customer

6.1. Exercising the rights of use

By accepting these terms and conditions, the customer also confirms that he has unlimited capacity to act and that he is of legal age. With the order, the customer expressly declares that all information provided is truthful, current and in accordance with the rights of third parties, good morals and the law.

6.2. Further obligations

The customer is fully responsible for the safe storage of his access data and passwords. The customer is responsible for the content of the data and information recorded.

The company is entitled to control the behavior of customers in connection with the use of the Internet platform. In particular, the company is entitled to check the legality of the content entered by the customer on the website at any time.

7. Resignation

7.1. Services

Withdrawal at inappropriate times is not permitted. The customer will be billed for the costs caused by the withdrawal. The customer will be informed of the exact amount.

7.2. Products

An exchange of products is generally excluded.

8. Retention of title

The ownership of the products remains with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, in particular may not sell, rent or pledge them.

9. Warranty

The company makes every effort to ensure good availability of www.tuki.ch and takes reasonable precautions to protect www.tuki.ch from interference by third parties.

However, it cannot guarantee that www.tuki.ch and the services offered will function without interruption or disruption, nor can it guarantee that the files are virus-free. The company does not guarantee the factual and content correctness, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, it cannot give any guarantee for non-spamming, harmful software, spyware, hackers or phishing attacks, etc. that impair the use of the service, damage the customer's infrastructure (e.g. end devices, PC) or otherwise damage them. The company cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes made available, published or transmitted, as well as the results of the services. Any problem or defect must be reported to the company immediately.

The company guarantees that the product is free from defects in material and manufacture.

Any deficiency must be reported to the company immediately. It is up to the company to decide whether to repair or replace the defective product. The customer is only entitled to a reduction in the purchase price or a refund if a replacement or repair is not possible. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins anew for the repaired element; the original warranty period continues for the remaining elements of the product.

10. Liability

Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to the sum of the product purchased by the customer. This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is completely excluded.

11. Data protection

The company may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations under the contract. The company takes the measures that are required to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data necessary for the performance of the service can also be passed on to commissioned service partners or other third parties.

Furthermore, the Privacy policy Use.

12. Changes

These general terms and conditions can be changed by the company at any time.
The new version comes into effect when it is published on the company's website.

For customers, the version of the terms and conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the terms and conditions.

13. Priority

These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC take precedence over these GTC.

14. Severability Clause

Should any provision of this contract or an attachment to this contract be or become invalid, this shall not affect the validity of the rest of the order. The parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.

15. Confidentiality

Both parties, as well as their auxiliaries, undertake to treat confidentially all information that has been submitted or acquired in connection with the services. This obligation remains in effect even after the contract has ended.

16. Force Majeure

If the timely fulfillment by the company, its suppliers or third parties involved as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or . If reactor damage is impossible, the company is released from fulfilling the obligations concerned for the duration of the force majeure as well as for a reasonable start-up period after it has ended. If the force majeure lasts longer than 30 days, the company can withdraw from the contract. The company has to reimburse the customer in full for payments already made.

Any further claims, in particular claims for damages as a result of vis major, are excluded.

17. Applicable law / place of jurisdiction

These terms and conditions are subject to Swiss law. Unless mandatory statutory provisions apply, the court at the company's registered office is responsible. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.

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