Terms & conditions

§ 1. Scope of validity
§ 2. Contractual Partner
§ 3. Offer and Conclusion of Contract
§ 4. Withdrawal Policy
§ 5. Prices and shipping costs
§ 6. Delivery
§ 7. Payment
§ 8. Retention of Title
§ 9. Warranty
§ 10. Liability
§ 11. Protection of Intellectual Property
§ 12. Final Provisions


 

§ 1. Scope of validity
(1) These Terms and Conditions are valid for all deliveries made by Tarnoki to buyers. The contractual language is German.
(2) We have the right to amend, modify or delete these Terms and Conditions at any time.
 
§ 2. Contractual Partner
(1) The contract of sale is concluded with: TARNOKI, owner: Petra Tarnoki, Birststrasse 20, CH-6340 Baar, Switzerland, office for the commercial register: Zug; company number: CH-170.1.007.114-2
 
§ 3. Offer and Conclusion of Contract
(1) The representation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Errors excepted.
(2) By clicking the “Order” button, you place a binding order for the products in your shopping cart. You will be sent an automatic email conformation of the receipt and acceptance of your order immediately after placing it. The contract of sale is concluded with this order confirmation via email.
(3) It is strictly prohibited to resell our products through online shops and auction houses etc., which do not correspond with the business interest of Tarnoki.
 
§ 4. Withdrawal Policy
(1) You have the right to cancel your order within 14 days. Please send us your cancellation postmarked within 14 days of receiving the goods. The goods shall be sent back to us no later than 14 days after sending the order cancellation. We will reimburse your payment upon receiving the goods.

Please address the letter of withdrawal to:
TARNOKI, Owner: Petra Tarnoki, Birststrasse 20, CH-6340 Baar / Switzerland, Fax: +41-(0)86-041-260 28 77, Email: info@tarnoki.com

The buyer shall provide the postage for the return shipment.
 
We reserve the right to deduct the cost of any damage or excessive wear from the amount to be reimbursed.
 
(2) The right to return goods does not include any goods that have been manufactured on special order according to your specifications (e.g. engravings).
(3) Please send us the goods as an insured parcel and retain your proof of postage. If desired, we shall reimburse you with the cost of postage in advance.
(4) Prior to sending your return, please ring us on +41-(0)41-260 28 77 to let us know it is on the way. This will allow us to track the return as quickly as possible.
(5) Please note that the modalities stated in paragraphs § 4 (3) to § 4 (4) do not denote a prerequisite for the right to return goods.
 
§ 5. Prices and shipping costs
(1) The prices indicated on the product pages include shipping costs and are valid for all countries within the European Union. All prices include VAT and other price components.
 
§ 6. Delivery
(1) Deliveries are made exclusively to countries defined in the Online Shop.
(2) Information regarding the delivery date is non-binding. .
(3) Deliveries are insured against loss or deterioration en route. The risk of damage or loss is carried by the consignee upon consignment through the delivery service.
(4) If an ordered product is unavailable because we were not supplied with the product by our supplier through no fault of our own, we reserve the right to withdraw from the contract. In this case we will inform you immediately and, if applicable, propose the delivery of a similar product. When no comparable product is available or you do not desire the delivery of a similar product, we will refund payments already rendered forthwith.
 
§ 7. Payment
(1) Unless otherwise agreed upon, payment is made in advance.
(2) Upon selecting prepayment as your type of payment, we will send you our bank details with the order confirmation and ship the goods upon payment received. The invoice amount is to be paid in full to our bank account within 10 days.
(3) Customers are entitled to set-offs only in the case of legally determined or indisputable counterclaims, or counterclaims which have been recognised by us in written form.
(4) You may only exercise your right to retention if counterclaims are based on the same contract.
 
§ 8. Retention of Title
(1) Delivered goods remain our property until full payment has been effected. The customer is not entitled to pledge or assign as security or process or remodel merchandise without our consent before proper payment is settled.
 
§ 9. Warranty
(1) A warranty will be made in accordance with the statutory provisions. For all defects that occur during the two year legal period of warranty, you are entitled to supplementary performance (either removal of defects or replacement, as desired) as well as to mitigation, withdrawal or compensation if all legal stipulations are met. You must grant us two attempts to correct the fault if you have not previously set a grace period for us which has expired without result. If the type of supplementary performance you desire incurs disproportionate expenses, your claim is limited to another type of supplementary performance.
(2) We assume no liability for damages and defects which originate from improper use, service and storage, negligent or faulty care and servicing, from overstrain or improper repair by an unauthorised service partner.
(3) We make every effort to accurately depict the products’ colours. Please note that there might be some minor deviations in the given colours compared to the actual shades of colour. Moderate colour deviations are usually caused by different colour settings on monitors and do not represent any shortcoming or fault.
(4) If you wish for a repair or the exchange of a faulty product, please send the product in question back to us free of charge. Simply request the corresponding return address and return number by ringing us on +41-(0)41 260 28 77 or contacting us online at www.tarnoki.com.
(5) You are obliged, as soon as it is feasible in your usual course of business, to check the state of the received item and, if any faults have been determined which we are liable for, to immediately inform us of them. You otherwise forfeit your rights specified in § 9 (1) of these Terms and Conditions.
(6) Unless specified otherwise below, any other claims made by the purchaser – regardless of the legal basis – shall be excluded. We are not liable for damages which have not originated in the object of delivery themselves; in particular we are not liable for any loss of profit or other financial losses of the purchaser. If liability is excluded, this also holds for the personal liability of employees, sales representatives and vicarious agents. The preceding restriction of liability is invalid if damages are attributed to wilful intent or gross negligence, bodily injury has occurred or product liability law is applicable.
(7) In the case of other breaches of duty, we can only be held liable for wilful intention and gross negligence. This limitation shall also apply for legal representatives, employees, staff and vicarious representatives of Tarnoki.
 
§ 10. Liability
(1) We exclude our liability for slightly negligent duty injuries, provided these are not contract-essential duties, damages resulting from the injury of life, the body or health, or essential guarantees, or claims made in accordance with the Product Liability Act. The same holds for breaches of duty by our vicarious agents.
(2) Please note that pieces of jewellery are small items and therefore not recommended for children under the age of 3.
 
§ 11. Protection of Intellectual Property
(1) Our brands, business names, designs, products and the contents of our website are protected by copyright. Modifications, reproductions, imitations and copies of every kind are prohibited.
 
§ 12. Final Provisions
(1) Swiss law applies. Place of jurisdiction is Zug, Switzerland. However, this does not apply to you as a consumer if it would deprive you of relative protection granted by mandatory legal provisions under the laws of that state in which you have your permanent residence. The provisions of UN purchasing law shall specifically not be applicable.
(2) Should an individual provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions hereof. The wholly or partially ineffective regulation shall be replaced by such a regulation which comes closest to the ineffective one in its economic objectives.