Our General Terms and Conditions

General Terms and Conditions (GTC) of YUWANET GmbH

TUGA-Chemie-Distribution.ch is managed by the official distribution partner for Switzerland and Liechtenstein (YUWANET GmbH), which is why the GTC of YUWANET GmbH apply.

1. Applicability of Conditions
Deliveries, services, and offers from YUWANET GmbH are made exclusively based on these terms and conditions, even if they are not explicitly agreed upon again. By ordering goods or services, these conditions are deemed accepted. Any general purchasing conditions of the buyer are hereby rejected. Deviations from these terms and conditions are only valid if we confirm them in writing.

YUWANET GmbH may change these terms and conditions at any time and without prior notice.

2. Offer and Conclusion of Contract
Offers from YUWANET GmbH in price lists and advertisements are subject to change and non-binding. Every online order is binding. Order confirmations are only issued upon explicit request.
The information in our sales documents (drawings, illustrations, dimensions, weights, and other services) is to be understood as approximate values only and does not represent a guarantee of properties, unless they are explicitly designated as binding in writing.
If a buyer exceeds their credit limit with an order, we are released from our delivery obligation.

3. Prices
The prices stated in our order confirmation are decisive. These are fixed for stock goods at the time of order. In the event of delivery bottlenecks and procurements, the daily price on the order day applies.
Unless otherwise agreed, prices are exclusive of transport costs, incl. VAT.

4. Delivery and Performance Time
The delivery time for articles offered by YUWANET GmbH is 2-3 working days (Express: 1 working day). Dates and delivery periods are non-binding, unless expressly agreed otherwise in writing. For express delivery orders to be delivered on the next working day, they must be placed by 12:00 PM. No deliveries are made on Sundays and public holidays.

5. Default of Acceptance
If the buyer refuses to accept the delivery items after the expiry of a grace period set for them, or declares that they do not wish to accept the goods, YUWANET GmbH may refuse to fulfill the contract and demand damages for non-performance. YUWANET GmbH is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer as damages.

6. Delivery
Visible quantity differences must be reported immediately upon receipt of goods, hidden quantity differences within 3 days of receipt of goods to YUWANET GmbH and the carrier in writing. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment.

7. Transfer of Risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of ours, the risk passes to the buyer upon notification of readiness for dispatch. An agreed assumption of transport costs by YUWANET GmbH has no influence on the transfer of risk.

8. Warranty
The warranty in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing.
The warranty period begins on the delivery date. If our maintenance instructions are not followed or changes are made, any warranty is void, insofar as the defect is attributable to this. This also applies insofar as the defect is attributable to improper use, storage, and handling of the products. Insignificant deviations from warranted characteristics of the goods do not give rise to warranty rights.
Liability for normal wear and tear is excluded.
Warranty claims against YUWANET GmbH are only available to the direct buyer and are not assignable.

9. Returns
Customers have the right to return the goods within 14 days of delivery. For returns, we require that the defective or functional goods be sent or delivered unused (in original packaging) and with a written complaint to the following address: YUWANET GmbH, Obere Holzgasse 9, 5212 Hausen, Switzerland. The shipping costs are to be borne by the buyer. After receipt of the goods, a free replacement delivery will be arranged, or an already paid purchase price will be refunded to the customer. However, a deduction from the purchase price to be refunded or an invoice for possible damage or excessive wear and tear of the goods is reserved. YUWANET GmbH may refuse the credit until it has received the goods back or the customer has provided proof that he has returned the goods, whichever is earlier. No new warranty periods come into effect through the exchange of goods.

10. Retention of Title
The delivered goods remain the property of YUWANET GmbH until full payment.

11. Payment
Invoices are payable by Twint, purchase on account, prepayment with credit/debit card, PostFinance E-Finance & Card, PayPal, or Bitcoin, depending on the agreement, unless otherwise agreed. The free delivery offered in the TUGA-Chemie-Distribution.ch shop applies to orders with a goods value of CHF 50.00 or more, unless otherwise agreed. For other shipping methods (e.g., express deliveries), delivery is generally "freight collect", i.e., at the buyer's expense by parcel service, forwarding agent, or own vehicle, unless expressly agreed otherwise.
A payment is only deemed to have been made when we can dispose of the amount.
If the buyer defaults, we are entitled to charge interest at a rate of 5% from the relevant date. During the period of default, YUWANET GmbH is also entitled at any time to withdraw from the contract, reclaim the delivered goods, and demand damages for the termination of the contract.
All claims become due immediately if the customer defaults on payment, culpably fails to comply with other essential contractual obligations, or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, commencement of composition or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or to execute them only against prepayment or security.

Purchase on Account
YUWANET GmbH exclusively accepts payments in Swiss Francs (CHF) and exclusively from Swiss bank or postal accounts and never bears money transaction fees. There is no automatic right to deliveries on account. These must first be checked and approved by YUWANET GmbH. YUWANET GmbH reserves the right to carry out a credit check when choosing the purchase on account option and to refuse this payment method if the creditworthiness is negative. The identity and credit check is carried out online by the Swiss Association Creditreform. The minimum age for purchasing on account is 18 years. YUWANET GmbH is entitled to pass on its expenses for dunning to the defaulting customer. For dunning and debt collection measures, information on payment processing may be forwarded to the Swiss Association Creditreform. When purchasing on account, you also accept, in addition to our GTC, the GTC of Creditreform. It is important to note that a credit check is performed in the background after the order is placed. Only when the official shipping confirmation (not the order confirmation) is received by the customer via e-mail, is it officially confirmed that the purchase on account has been approved for the customer. Invoices are sent in paper form with the order. All invoice amounts are payable net within 14 days (receipt of payment) from the shipping confirmation, without deduction.

Dunning Fees
YUWANET GmbH reserves the right to charge dunning fees to cover the costs of the dunning process. From the second reminder, a dunning fee of CHF 5.00 will be charged. For the third reminder, an additional dunning fee of CHF 8.00 will be charged. Should payment still be outstanding after the third reminder, we reserve the right to forward the outstanding debts for dunning and debt collection measures to the Swiss Association Creditreform. These fees and measures serve to cover our administrative expenses in connection with unpaid invoices and to ensure compliance with our payment terms.

Klarna
If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). When purchasing via Klarna, you also accept, in addition to our GTC, the GTC of Klarna. (https://www.klarna.com/ch/agb/).

12. Limitation of Liability
All products distributed by YUWANET GmbH are subject to the strictest controls by the respective manufacturer. For this reason, only the respective manufacturer is liable for the quality of its products.
By placing your order, you confirm that YUWANET GmbH cannot be held responsible for any complaints or complications. Any liability for consequential damages arising from the use of the products is excluded.

13. Data Protection
YUWANET GmbH is entitled to process the data received about the buyer in connection with business relations or in connection therewith, regardless of whether these originate from the buyer themselves or from third parties, in accordance with the Federal Data Protection Act.
The data protection declaration can be found on the TUGA-Chemie-Distribution.ch website under "Data Protection".

14. Applicable Law and Place of Jurisdiction
The legal relationship is subject to Swiss law. Insofar as mandatory consumer provisions are not applicable, the place of jurisdiction for disputes arising from this contractual relationship is the seller's registered office.