General Terms and Conditions: TACWALL - The largest Selection of Tactic Boards

General / Scope
Registration
Conclusion of the contract
Prices
Delivery, shipping costs
Warranty and Services
Retention of title, withdrawal from the contract
Contract duration and contract termination for subscription contracts
Due date and payment
Revocation
Addresses
Data protection, copyright, trademark rights
Applicable law and place of jurisdiction

Status: August 2021

1. General / Scope

The following General Terms and Conditions (GTC) apply to the business relationship between Tacwall B.V. (hereinafter: TACWALL) and consumers or companies (hereinafter: “customer” or “customers”) in the version that is currently available and valid when the website is called up or when goods are ordered with regard to the goods presented by TACWALL in the online shop.

TACWALL’s deliveries, services and offers are made exclusively on the basis of these GTC. These shall therefore also apply to all future business relations, even if they are not expressly agreed again.
From time to time, the terms of use of the website, the data protection declaration or these GTC of the online shop are adapted, supplemented or amended. With each new call or visit to the website, the current, retrievable versions apply. Please visit this page regularly to view the current provisions. If you do not agree with the amended terms, please delete your user profile, if you have created one. If you do not unsubscribe, your user profile will continue to exist after the amended terms come into effect.

Deviations from these terms and conditions are only effective if confirmed by TACWALL in writing. The current and binding version of the General Terms and Conditions of Sale will be published at www.tacwall.com. Should any provision of these General Terms and Conditions of Sale and Delivery prove to be invalid in whole or in part, the contracting parties shall replace such provision with a new agreement which comes as close as possible to its legal and economic success.

2. Registration

Each order for goods requires registration as a customer or opening of a user profile at TACWALL. Multiple registration under different names or addresses is not permitted.

Admission may be revoked by TACWALL at any time and without stating reasons. In this case, TACWALL is entitled to immediately block and delete the user name and the corresponding password.

3. Conclusion of the contract

The presentation of the TACWALL product range in the online shop does not constitute an offer to conclude a purchase contract with the customer. It is non-binding. By placing an order with TACWALL via the Internet (online shop), e-mail, telephone, fax or other communication channels and simultaneously accepting these General Terms and Conditions, the customer submits a binding offer to conclude a purchase contract with TACWALL. The customer will receive a confirmation of receipt of the order (“order receipt confirmation”). This confirmation does not constitute an acceptance of the offer, but is only intended to inform the customer that the order has been received by TACWALL. TACWALL will, if necessary, separately point out to the customer any possible errors in the information on the product range on the website.

The contract with TACWALL is concluded when TACWALL expressly accepts this offer (“order confirmation”) or when TACWALL ships the ordered product to the customer. Each order to be delivered is subject to receipt of payment and availability of goods at TACWALL.

Should it become apparent after conclusion of the contract that the ordered goods cannot be delivered either in part or in total, TACWALL shall be entitled to withdraw from the contract in whole or in part. Changes and/or cancellations of orders require the written consent of TACWALL. Expenses and costs caused by changes or cancellations on the part of the customer shall be borne by the customer.

4. Prices

The prices stated at the time of purchase and order apply to the purchase and order of goods and services. Prices are subject to change without notice.

Prices are determined at the time the order is placed. Prices for products become binding on both sides at the time of the order on www.tacwall.com in accordance with clause 3. With the updating of the Internet pages on www.tacwall.com, all previous prices and other information on goods become invalid.

Price fluctuations are possible. The price at the time of submission of the offer shall be decisive. The corresponding value added taxes customary in the country will be charged additionally and separately. All prices include, where applicable, the prepaid recycling fee (VRG).

Any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process (see also section 6). Technical changes, errors and printing errors are reserved. TACWALL may make price changes at any time without prior notice. Consultancy and support services are not included in the sales prices.

5. Delivery, shipping costs

The delivery date is given to the best of our knowledge, but without guarantee. Delivery will only be made after receipt of a payment to an account of TACWALL in case of prepayment. Depending on the duration of the payment processing, items may therefore no longer be in stock; this does not justify any liability arising from a delay in delivery or the impossibility of delivery. From receipt of payment, the delivery times stated for each product in the online shop shall commence.

The delivery of the ordered products is carried out according to the information of the seller in the order confirmation. The delivery costs shall be borne by the customer and shall be charged additionally.

Different delivery costs apply for deliveries abroad. Delivery will be made directly to the delivery address and contact person provided by the customer. Exceeding the delivery date does not entitle the customer to withdraw from the contract or to claim damages. The delivery time within Switzerland is usually up to 5 working days. If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided that you have provided us with an e-mail address.

In case of final unavailability of the ordered items, the payments made will be refunded. TACWALL is not liable for delivery delays caused by manufacturing companies or third parties.

Force majeure (war, strike, fire, import bans, tariff increases, import restrictions, etc.) gives both parties the right to cancel the contract if the situation is due to an impediment outside the parties’ control and it could not reasonably have been expected to know of the impediment or to avoid or overcome its consequences when the contract was concluded.

6. Warranty and Services

For articles and products purchased from TACWALL, there is generally no right of return. An exchange is excluded. All complaints must be made within 10 calendar days of receipt of the goods, otherwise the goods shall be deemed to be free of defects and approved.

The seller delivers the goods in perfect quality. Minor external deviations in terms of thickness, colour, sizes and weight do not constitute a defect. The delivered products may deviate slightly from the illustrations. This does not constitute a defect. TACWALL is entitled to make a replacement delivery instead of the defective goods.

If the replacement delivery fails, the customer may demand the cancellation of the purchase. The claim expires if the customer fails to notify TACWALL of the defect or incorrect delivery within 10 days of receipt of the goods by e-mail to info@tacwall.com.

TACWALL’s liability shall in any case be limited to the amount of the invoiced, defective goods. Other claims by the customer, irrespective of the legal grounds, are excluded. TACWALL, its auxiliary persons and any vicarious agents shall not be liable for damages which have not occurred to the goods themselves, in particular not for consequential damages, loss of profit, unrealised savings, other financial losses of the customer as well as damages resulting from delayed delivery.

Furthermore, TACWALL shall not be liable for damages attributable to any of the following causes:

improper, non-contractual or unlawful storage, adjustment or use of the products;
use of incompatible spare parts or accessories (e.g. power supply);
failure to maintain and/or improper modification or repair of the products by the customer or a third party;
force majeure, in particular damage caused by natural hazards, moisture, falls, impacts, etc., for which TACWALL is not responsible.

If goods are delivered with obvious damage to the packaging or the contents, the customer must complain about this immediately to the forwarding agent/parcel service provider and refuse acceptance, without prejudice to his warranty rights. Hidden defects must be reported to the carrier/parcel service provider (e.g. responsible post office) within 24 hours (1 working day) of receipt of the goods. The customer is obliged to obtain a damage confirmation report from the parcel delivery company (e.g. postal employee). All transport damage must additionally be reported to TACWALL without delay.

Orders are registered. A special warranty certificate is not required. TACWALL always requires the return of the defective goods or goods to be replaced and a copy of the purchase receipt. Further claims are excluded.

Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects which are due to external circumstances are not covered by the warranty. The warranty obligation expires in the event of repairs by service centres not authorised by TACWALL.

What to do in the event of a claim?
Send a complaint to info@tacwall.com and wait for further instructions. When sending in the defective item, it is essential to enclose proof of purchase (invoice). Any postage costs incurred will be charged to the customer.

7. Retention of title, withdrawal from the contract

All goods delivered shall remain the property of TACWALL until payment has been made in full. If the customer acts in breach of contract, in particular if the customer does not meet his payment obligation despite a reminder from TACWALL, TACWALL may withdraw from the contract after setting a reasonable period of time in advance and demand the return of the goods still in its ownership. The repossession of the goods or seizure by TACWALL shall constitute a withdrawal from the contract. The purchaser shall bear the shipping costs incurred in this regard. TACWALL is authorised to realise the goods after their return. TACWALL reserves the right not to enter into a contract in the event of a negative result of a credit check.

8. Contract duration and contract termination for subscription contracts

Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in the TACWALL online shop. The subscription contract may be terminated during the minimum term at any time at the end of the minimum term and after expiry of the minimum term at any time with a notice period of 30 days in writing or by fax/email to the addresses specified in clause 12.

9. Due date and payment

TACWALL only accepts the payment methods displayed to the customer (in the online shop) during the order process. TACWALL reserves the right to agree in writing with its customers on a different method of payment than mentioned in this section.

Orders will be charged to the customer immediately. TACWALL accepts prepayment (online banking, bank or postal transfer, etc.), credit card (Visa, Mastercard, American Express), Paypal and invoice as means of payment. The data for payment via credit and debit cards are transmitted in encrypted form. When purchasing by prepayment, the invoice must be settled immediately. Otherwise the order may be cancelled by TACWALL. All prices quoted are final prices which include the statutory VAT and the advance recycling fee for electric or sonic toothbrushes.

10. Revocation

For articles and products purchased from TACWALL, there is generally no right of return. An exchange is excluded.

11. Addresses

Tacwall B.V.
Gemaalpad 3
8043 GR Zwolle
info@tacwall.com
www.tacwall.com

12. Data protection, copyright, trademark rights

The Privacy Policy under Privacy Policy is an integral part of these GTCs. By accepting these GTCs, the customer also agrees to the data protection declaration. All trademark, image and copyright rights are held by TACWALL. The downloading, saving, copying or printing of data, images and PDF files, even in part, requires the written permission of TACWALL. All rights reserved. Further use by the customer for purposes other than those serving the purpose of the product is not permitted.

TACWALL draws the customer’s attention to the fact that the data recorded within the framework of the conclusion of the contract will be collected, processed and used for the fulfilment of the obligations arising from the purchase contract and may also be used for marketing purposes. The data necessary for the fulfilment of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

13. Anwendbares Recht und Gerichtsstand

In the event of disputes, Netherlands substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The Vienna Sales Convention is explicitly excluded. The place of jurisdiction for natural persons is Zurich or at the customer’s place of residence. For legal entities, Zurich shall be the exclusive place of jurisdiction.

Should individual provisions of these GTC, including this provision, be invalid in whole or in part, or should the conditions contain a loophole, the validity of the remaining parts shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions or, if not available, provisions that correspond to the meaning of the invalid provisions.

Right of withdrawal