Terms of service
§ 1. Scope of Application
§ 2. Contracting Parties
§ 3. Offer and Conclusion of Contract
§ 4. Right of Withdrawal
§ 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
(1) These General Terms and Conditions (GTC) apply to all deliveries from Tarnoki to customers. The contractual language is German.
(2) We reserve the right to supplement, amend, or delete these GTC at any time.
§ 2. Contracting Parties
(1) The purchase contract is concluded with: TARNOKI, owner: Petra Tarnoki, Boesch 71, CH-6331 Hünenberg / Switzerland, Commercial Register Office Zug, Company No.: CH-170.1.007.114-2
§ 3. Offer and Conclusion of Contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to order. Errors excepted.
(2) By clicking the "Order" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order, along with acceptance of the order, will be sent by automated email immediately after submission. The purchase contract is concluded with this email confirmation.
(3) Resale of our products via online shops and auction houses, etc., which are not in Tarnoki's business interests, is generally prohibited.
§ 4. Right of Withdrawal
(1) You have a 14-day right of withdrawal. Please send us your notice of withdrawal within 14 days of receiving the goods (timely dispatch is decisive). Please return the goods to us within 14 days of the withdrawal. We will refund payments as soon as we receive the goods.
The withdrawal must be sent to:
TARNOKI, Owner: Petra Tarnoki, Boesch 71, CH-6331 Hünenberg / Switzerland, Fax: +41-(0)86-041-260 28 77, Email: info@tarnoki.com
You bear the return shipping costs.
We reserve the right to deduct compensation for possible damage or excessive wear from the refundable purchase price.
(2) The right of withdrawal does not apply to the delivery of goods manufactured according to your specifications (e.g., engravings).
(3) Please return the goods to us as a prepaid parcel and retain the delivery receipt.
(4) Please call us at +41-(0)41-260 28 77 before returning the goods to notify us of the return. This will enable us to allocate the products as quickly as possible.
(5) Please note that the terms and conditions specified in paragraphs 4 (3) to 4 (4) are not a prerequisite for the effective exercise of the right of withdrawal.
§ 5. Prices and Shipping Costs
(1) The prices stated on the product pages include shipping costs and apply to all countries outside the European Union and Switzerland. Since these are net prices, the customs authorities of the respective country will collect the country-specific VAT from you upon delivery. A country-specific import duty may also be levied.
§ 6. Delivery
(1) Delivery takes place to the countries specified in the online shop.
(2) Information regarding delivery times is to be understood as approximate delivery times.
(3) The delivery is insured against loss or deterioration during transport. The risk of damage or even loss of the delivery only passes to you upon handover by the carrier.
(4) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will notify you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately reimburse you for any consideration already provided.
§ 7. Payment
(1) Unless otherwise agreed, payment is made in advance or via PayPal.
(2) If you choose to pay in advance, we will provide you with our bank details in the order confirmation and will deliver the goods after receipt of payment. The invoice amount must be transferred to our account within 10 days.
(3) During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be processed automatically by PayPal immediately thereafter. You will receive further information during the ordering process.
(4) You are only entitled to a right of set-off if your counterclaims have been legally established by a court, are undisputed, or have been acknowledged by us in writing.
(5) You may only exercise a right of retention if the claims arise from the same contractual relationship.
§ 8. Retention of Title
(1) The goods remain our property until full payment has been received. Prior to transfer of ownership,Pledging, transfer of ownership by way of security, processing, or modification is not permitted without our consent.
§ 9. Warranty
(1) The warranty is provided in accordance with the statutory provisions. For all defects occurring during the statutory warranty period of two years from delivery, you have the statutory right to subsequent performance (at your discretion: rectification of the defect or replacement) and - if the statutory requirements are met - the statutory rights to a reduction in price or withdrawal, as well as to compensation for damages. You must allow us a total of two attempts to remedy the defect if you have not previously granted us a reasonable grace period that has expired without result. If the type of subsequent performance you request is only possible at disproportionate cost, your claim is limited to the other type of subsequent performance.
(2) We assume no liability for damages and defects resulting from improper use, operation, and storage, negligent or faulty care and maintenance, excessive use, or improper repair by an unauthorized service partner.
(3) We strive to depict the colors of our products accurately. Please note that slight deviations between the colors shown in the photograph and the actual color shades may occur. Slight color deviations are usually due to monitor color settings and do not constitute a defect.
(4) If you wish to have a defective product repaired or replaced, please return the product free of charge. To do so, please request the appropriate return address and return number by calling +41-(0)41 260 28 77 or visiting www.tarnoki.com.
(5) You are obligated to inspect the condition of the received item as soon as reasonably practicable in the normal course of business and, if defects for which we are liable are discovered, to notify us immediately. Otherwise, you may lose your rights stated in Section 9 (1).
(6) Unless otherwise stated below, any further claims by the customer – regardless of the legal grounds – are excluded. We are not liable for damages that do not occur on the delivered item itself; in particular, we are not liable for lost profits or other financial losses suffered by the customer. To the extent that liability is excluded, this also applies to the personal liability of employees, representatives, and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence, personal injury occurs, or the Product Liability Act applies.
(7) For other breaches of duty, we are only liable for intent and gross negligence. This limitation also applies to our legal representatives, employees, staff, and vicarious agents.
§ 10. Liability
(1) We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body, or health, guarantees, or claims under the Product Liability Act are not affected. The same applies to breaches of duty by our vicarious agents.
(2) Please note that jewelry pieces are small parts and therefore not suitable for children under 3 years of age.
§ 11. Protection of Intellectual Property
(1) Our trademarks, business names, designs, products, and website content are protected by copyright. Modifications, reproductions, and imitations of any kind are prohibited.
§ 12. Final Provisions
(1) Swiss law applies. The place of jurisdiction is Zug. However, this only applies to you as a consumer to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(2) In the event that individual provisions of these General Terms and Conditions should be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions whose regulatory content comes as close as possible to the invalid ones.