ON SALE: top-quality aluminum and stainless steel propellers and powerful outboards at unbeatable prices, direct from stock! Start the new season with top performance!

Register

Terms and Conditions

Terms and conditions

Terms and Conditions (GTC)
January 2022


TELL's Power AG

General

TELL's Power AG sells exclusively to business and / or private customers domiciled or domiciled in Switzerland and in the Principality of Liechtenstein (hereinafter referred to as "customer") the products specified in the online shop or in written offers exclusively in accordance with these general terms and conditions (hereinafter "GTC ").

scope

By sending an order in the online shop or in writing (including fax and email), the customer expressly agrees to the TELL's Power AG terms and conditions. Conditions of the customer that conflict with or deviate from the TELL's Power AG General Terms and Conditions only apply if they have been expressly agreed in writing as applicable. The GTC apply exclusively in the version valid at the time of the respective contract conclusion. Should individual provisions of these terms and conditions be or become ineffective, this does not affect the legal validity of the remaining provisions. In addition, TELL's Power AG reserves the right to make changes to these general terms and conditions at any time.

Order and conclusion of contract

The customer's order is placed in the online shop or in writing (including fax and email). All orders are binding. The contract is concluded with the delivery of the written order confirmation (including fax and email) by TELL's Power AG or with delivery of the ordered product.

The order confirmation is to be checked by the customer immediately and errors are to be reported in writing (including fax and email), otherwise the content of the order confirmation is deemed to have been approved by the customer until the end of the day and the contract is concluded in accordance with the content of the order confirmation.

Product range

TELL's Power AG reserves the right to expand, reduce or change the product range at any time. All technical information on the products offered is based on the information provided by the manufacturers and is binding in this context. All other information about the products that the customer receives as part of the ordering process is non-binding. In particular, changes in design and technology that improve or at least do not degrade the functionality of a product as well as errors in the description, illustration and price are reserved.

delivery terms

The ordered products are only delivered to an address in Switzerland and the Principality of Liechtenstein. If in stock, the products are immediately delivered to the address specified by the customer. The specified delivery dates will be met by TELL's Power AG as best as possible. However, all delivery dates are approximate and non-binding, unless TELL's Power AG has expressly specified a delivery date in the order confirmation as binding. In the event of a delay in delivery, any claim for damages is excluded.

Transfer of risk, transport, insurance

The delivery of the products is carried out, subject to the following paragraph 2, at the cost and risk of the customer, including warranty deliveries, partial deliveries, etc. The risk in this case passes to the buyer at the time the product is handed over to the carrier. In the case of externally visible damage to the ordered products, the damage settlement will only take place against a certificate from the respective carrier. At the express request of the customer, TELL's Power AG can take out transport insurance in the name and at the expense of the customer.

However, delivery is usually made using parcel carriers. In the case of delivery against a signature, TELL’s Power AG is liable for the goods until the delivery has been received with a signature as confirmation. For deliveries with a parking permit, the parcel may be parked by the carrier at the address given without the customer's signature. From this point on, the customer is liable for the delivery.

Prices

All catalog prices are guide prices that are continuously adapted to the market. The catalog prices valid on the day of delivery or service apply. They are in Swiss Francs (CHF), in the web shop including VAT, unpacked, unfranked from the Immensee warehouse. If prices are obviously incorrect (e.g. due to printing errors), TELL's Power AG reserves the right to charge the correct prices.

Transport and packaging costs are calculated separately. For delivery with parcel carriers, we charge a flat rate of CHF 12.50 for delivery.

Terms of payment, late payment

The customer's order in the online shop can be made directly by credit card or to pay for the alternative versions listed there.

Retention of title
The delivered products remain the property of TELL's Power AG until all invoices have been paid in full. TELL's Power AG is expressly authorized to have the retention of title entered in the responsible register. Without the prior consent of TELL's Power AG, the delivered products may neither be resold nor encumbered with third party rights. The customer undertakes to participate in measures that are necessary to protect the property of TELL’s Power AG. In the event of a breach of contract by the customer, particularly in the event of a delay in payment, TELL's Power AG is entitled to take back the products. The taking back of products does not constitute a withdrawal from the contract.

refund policy
TELL's Power AG accepts sold products in accordance with the provisions of this no. 10 and on the condition that they have been complied with. The products must be returned in unopened and flawless original packaging (undamaged, free of lettering, not glued) and must be received by TELL's Power AG within a return period of 5 days. The return period begins with the receipt of the products by the customer. The return shipping costs are borne by the customer. If these conditions are not met, TELL's Power AG can refuse to take them back. Any expenses from an incorrect return can be charged to the customer. If the customer has returned the products properly and on time, he will receive a credit from TELL's Power AG for future orders from TELL’s Power AG. Payment of the purchase price (including shipping and transport costs) is excluded. The right of return generally excludes electronic components, software and items that have been specially procured or manufactured at the customer's request.

Warranty
For all products offered, the warranty is 12 months after delivery to the customer, unless the item is intended for personal or family use of the buyer (consumer purchase), whereupon the warranty period is 24 months. The warranties are based on the manufacturer's guarantee and only include material and / or manufacturing defects. Products will be repaired or replaced free of charge during the warranty period. If, after an exclusive assessment by the manufacturer, a product can no longer be repaired or replaced, it will be replaced by an equivalent successor product or the customer will be granted a credit for future orders from TELL’s Power AG. To a greater extent, a change is excluded, in particular the payment of the purchase price (including shipping and transport costs) is excluded. If products that are exchanged directly by TELL's Power AG within the warranty period subsequently involve a warranty case that has not been confirmed by the manufacturer, TELL's Power AG reserves the right to charge the customer for any costs. The customer's warranty claim expires if he makes changes or repairs to the product without the written consent of TELL’s Power AG.

liability
To the extent permitted by law, any liability for direct and indirect damage is excluded. In particular, TELL's Power AG is not liable for damage that can be attributed to improper use or natural wear and tear, or for damage that did not occur to the delivery item itself (consequential damage).

privacy
TELL's Power AG assures that the collection, processing and use of personal data will comply with the provisions of the Swiss Data Protection Act and the relevant legal norms. The customer data necessary for business processing is stored and used only in the context of and to ensure order processing. If necessary, the data will be forwarded to partner companies for the proper provision of services (order processing). The data protection declaration (www.tellspower.ch/datenschutz) explains this in detail. The customer agrees to this use of his data.

Applicable Law and Jurisdiction
These terms and conditions and all legal relationships between TELL's Power AG and the customer are subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Küssnacht am Rigi. TELL's Power AG reserves the right to alternatively assert its rights at the customer's headquarters. The provisions of Article 32 of the Swiss Code of Civil Procedure (ZPO) for consumer purchases remain reserved.

With his order, the customer declares to have taken note of these terms and conditions and to expressly approve them and their applicability to the contractual relationship with TELL's Power AG.