Terms of service
1. scope of application
The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed exclusively to consumers domiciled in Switzerland (hereinafter "customer").
A consumer is a natural person who has a business relationship with toshi.ch that is neither commercial nor self-employed. Orders in not household quantities can be rejected without justification.
toshi.ch reserves the right to change these terms and conditions at any time. The version of these GTC valid at the time of the order is decisive, which cannot be changed unilaterally for this order. Opposing or from these AGB deviating conditions of the clientele are not recognized.
The operator of this website is toshi.ch (https://toshi.ch/impressum/).
2. Information on this website
toshi.ch contains information about products and services. Price and product range changes as well as technical changes are reserved. All information on www.toshi.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. toshi.ch makes every effort to provide all data and information on this website correct, complete, current and clear, but toshi.ch can neither explicitly nor implicitly guarantee it.
All offers on this website are subject to change and are not to be understood as a binding offer.
toshi.ch cannot guarantee that the listed products are available at the time of the order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
The sales prices stated on toshi.ch are final prices and include, unless otherwise noted, the statutory value added tax and any other statutory charges such as prepaid recycling fees (VRG) or copyright levies on electronic equipment. Prices are quoted net in Swiss francs (CHF).
Shipping costs, if any, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and misprints are reserved, in particular toshi.ch can make price changes at any time and without notice. Consulting and support services are not included in the sales prices.
4. Conclusion of contract
The products and prices on this website are non-binding offers.
With the order on this website including the acceptance of these terms and conditions, the customer makes a legally binding offer to conclude a contract. toshi.ch then sends an automatic order confirmation by email, which confirms that the offer of the customer has been received by toshi.ch. Placed orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as toshi.ch sends a declaration of acceptance by email, in which the shipment of the ordered products or services is confirmed.
Orders will only be shipped after full payment has been received (exception: delivery against invoice) and if the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered completely, toshi.ch is entitled to not or only partially accept or execute the order. In such a case toshi.ch will inform the customer by email. If the payment of the customer has already been received by toshi.ch, the payment will be refunded to the customer. If no payment has been made yet, the customer will be released from the payment obligation.
5. Payment options and retention of title
The customer can use the payment options indicated in the order process.
toshi.ch reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.
The products delivered to the customer remain the property of toshi.ch until full payment.
6. Delivery, obligation to check, notice of defects and return
Deliveries are sent by mail or courier service to the address specified by the customer in the order.
toshi.ch tries to keep delivery times as short as possible. Any delivery times stated in the order confirmation are non-binding. toshi.ch is entitled to make partial deliveries. In this case the shipping costs will be charged to the customer only once.
The dispatch of the invoice, as far as delivery against invoice is offered, takes place after choice of toshi.ch by email or on the post office way.
If the delivery is not deliverable or if the customer refuses the acceptance of the delivery, toshi.ch can cancel the contract after a notification by email to the customer and under observance of a reasonable period of grace as well as charge the costs for the handling.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects, for which toshi.ch is liable, immediately in writing by letter or email to the address in the imprint.
Returns to toshi.ch are at the expense and risk of the customer. The customer has to send the goods in original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address given by toshi.ch imprint.
If the inspection by toshi.ch shows that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, toshi.ch may charge the customer for the effort, the return or the possible disposal.
toshi.ch strives to deliver goods in perfect quality. In case of defects notified in time, toshi.ch guarantees that the goods purchased by the customer are free of defects and functional during the legal warranty period of usually two years from the date of delivery. It is at the discretion of toshi.ch to provide the warranty by free repair, equivalent replacement or by refunding the purchase price. Further warranty rights are excluded.
Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties and defects caused by external circumstances are not covered by the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, accumulators, etc.) is excluded.
toshi.ch is not able to give assurances or guarantees for the actuality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by toshi.ch.
toshi.ch excludes any liability, regardless of its legal basis, as well as claims for damages against toshi.ch and against any auxiliary persons and agents. toshi.ch is in particular not liable for indirect damages and consequential damages, lost profits or other personal injury, property damage and pure financial loss of the customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
toshi.ch uses hyperlinks only for the simplified access of the customer to other web offers. toshi.ch can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
9. partial invalidity
If individual provisions of these terms and conditions prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
10. further regulations
toshi.ch expressly reserves the right to change these terms and conditions at any time and to put them into effect without notice.
In case of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
Theplace of jurisdiction is Zurich or the domicile of the consumer.
If you have any questions about these terms and conditions, please contact:Imprint
Zurich, 02 January 2022