These General Terms of Business (GTB) are applicable to business relations between Twinsmile AG (hereinafter: Twinsmile) and consumers or businesses (hereinafter "Customer" or "Customers") in the latest version that is available when you open the website or order products with respect to the products displayed by Twinsmile in the online shop.
These GTB shall apply, mutatis mutandis, to contracts for the provision of digital content, software licenses or coupons, unless expressly agreed otherwise. When supplying software licences, the seller's obligation is to provide a licence key enabling use of the software sold. The Customer does not acquire any intellectual property rights to the software. Regarding the characteristics of the software, the relevant product description is authoritative.
These GTB may apply to contracts concerning products (goods or services) provided in the form of either a one-time delivery or an ongoing supply ("subscription agreement"). In the case of a subscription agreement, Twinsmile undertakes to supply the required product throughout the agreed effective period of the contract.
A “consumer” for the purposes of these GTB means any individual who enters into legally binding transactions for purposes that are not primarily commercial and/or attributable to independent business activities. A “business” for the purposes of these GTB means an individual or legal entity or partnership with legal personality that enters into a legally binding transaction in the exercise of commercial or independent business activities.
Orders and deliveries are possible only within Switzerland and Liechtenstein. Orders may be placed exclusively by residents of Switzerland or Liechtenstein who are at least 18 years of age or have obtained the signature of their legal representative.
Exclusively these General Terms of Business are applicable. Twinsmile will not recognize any of the Customer's terms of business that contradict and/or differ from the present Terms of Business unless Twinsmile expressly consents to such terms in writing in the specific case.
Every order of goods requires registration as a Customer and/or creating a user profile at Twinsmile. Multiple registrations under different names or addresses is prohibited.
Twinsmile may revoke its authorization at any time without stating any reasons. In that case, Twinsmile is entitled to block and delete the user name and associated password immediately.
3) Formation of Contract
The presentation of the Twinsmile product range in the Online Shop does not constitute an offer to enter into a purchase agreement with the Customer. It is not binding.
By clicking on the “Buy now” button, the Customer makes a binding offer to buy.
By placing an order with Twinsmile on the internet (Online Shop), by e-mail, telephone, fax or other channel of communication, the Customer makes an offer to enter into a binding purchase agreement with Twinsmile. The Customer will receive a confirmation of receipt of the order ("Confirmation of Receipt of Order"). That confirmation does not constitute acceptance of the offer but merely informs the Customer that Twinsmile has received the order. Twinsmile will inform the Customer of any errors in the information about the product range on the website and make the Customer a corresponding counter-offer where appropriate.
The contract with Twinsmile is formed when Twinsmile expressly accepts the Customer's offer ("Order Confirmation") or when Twinsmile sends the product ordered to the Customer.
Twinsmile's acceptance is subject to the legality of the order and the availability of the ordered goods or services. If Twinsmile cannot accept the Customer's order the Customer will receive a notice of unavailability instead of acceptance of the order. Products that cannot be delivered temporarily will be reserved for the Customer and the Customer's order shall remain valid.
The prices in effect at the time of purchase and placement of the order in Swiss francs (CHF) shall apply to the purchase and ordering of goods and services. We reserve the right to price changes.
Price changes are possible, in which case the price in effect at the time of placement of the order shall be applicable.
All prices contain the Swiss Value Added Tax (VAT) at the legal rate and, where applicable, the advance recycling fee (vRG).
The prices do not include additional forwarding expenses (arising between Twinsmile and the Customer).
5) Pick-up from the place of business
Subject to prior arrangement by telephone, the Customer can pick up the product from an agreed place of business of Twinsmile.
In case of product pick-up, the contract with Twinsmile is formed when Twinsmile expressly accepts the Customer's offer ("Order Confirmation") or when Twinsmile hands the product over to the Customer.
6) Delivery, Forwarding Expenses
Twinsmile shall deliver the goods ordered as quickly as possible to the address given by the Customer in the order or (if PayPal is selected as the payment method) to the address of record at PayPal. Twinsmile is entitled to deliver goods or perform services in more than one instalment to the extent reasonable for the Customer. Whenever Twinsmile makes deliveries in several instalments, Twinsmile shall assume any extra postage costs.
The delivery shall be made according to the forwarding expenses stated in the specific case.
The delivery time within Switzerland is usually 1 to 5 working days. Information provided about the estimated delivery time is not binding.
Digital content, coupons and software licence keys are delivered to the Customer exclusively through electronic transmission (i) by downloading or (ii) or by e-mail, at Twinsmile's option.
7) Granting of rights of use for digital content and software licences
Unless stated otherwise in the description of the content in the Twinsmile Online Shop, Twinsmile grants the Customer a non-exclusive right, limited in time and space, to use the content made available for private and/or business purposes.
The delivery of a licence key for a software licence entitles the Customer to use the software and/or content indicated in the relevant product description and licence provisions to the extent described therein.
Any transfer of the contents to third parties or making of copies for third parties beyond the scope of these GTB and/or of the licence provisions is not permitted without the seller's consent to such transfer to third parties of the license under the contract.
The right thus granted shall not enter into effect until the Customer has paid the stipulated contractual fee in full.
8) Reservation of title, Rescission of Contract
Twinsmile reserves title to all the goods delivered until payment in full.
If the Customer breaches the contract, particularly by failing to meet the payment obligations despite receiving a reminder from Twinsmile, Twinsmile may rescind the contract, after setting a reasonable grace period, and demand the return of the goods to which Twinsmile still retains title. The recovery or attachment of the goods by Twinsmile constitutes rescission of the contract. Any resulting forwarding expenses incurred shall be borne by the Customer. Twinsmile is authorized to sell the goods after recovery.
Twinsmile reserves the right to refrain from entering into a contract in case of the negative outcome of a credit check.
9) Effective period and termination of the contract in the case of subscription agreements
Subscription agreements are open-ended but are formed for at least the minimum effective period indicated in the relevant product description in the Twinsmile Online Shop. The subscription agreement may be terminated at any time during the minimum effective period, effective upon expiry of the minimum effective period, or after the expiry of the minimum effective period at any time on 14 days’ notice sent by letter or by fax/e-mail to the address specified in item 13.
The foregoing shall be without prejudice to extraordinary termination for good cause. Good cause shall be deemed to exist if continuation of the contractual relationship until the agreed termination date or until expiry of the notice period cannot be considered reasonable for the terminating party in light of the circumstances of the specific case, after weighing the interests of both parties.
10) Due date and payment
In the ordering process, Twinsmile accepts only the payment methods displayed to the Customer (in the Online Shop). Twinsmile reserves the right to agree with its Customers in writing to payment methods other than those mentioned in this section.
For payment processing via the Online Shop, Twinsmile uses the payment solution Saferpay from SIX Payment Services Ltd, in order to allow the Customer safe and secure payment by credit card or possible alternative means of payment.
The purchase price and any forwarding expenses are due and payable upon formation of the contract, subject to paragraph (38). If cash in advance by bank transfer is agreed upon, the payment is due and payable immediately after formation of the contract, unless the parties have agreed to a later due date.
Twinsmile may demand without stating any reasons cash in advance. The order will be processed after receipt of payment.
If the Customer defaults on payment, Twinsmile is entitled to charge a flat-rate reminder fee specified in the ordering process. The foregoing is without prejudice to Twinsmile's right to claim further compensation, particularly for the costs of debt enforcement through a collection agency or attorney.
Coupons for the Twinsmile Online Shop must be redeemed before completion of the ordering process and no deduction will be permitted thereafter.
Coupons are redeemable exclusively under the terms and conditions indicated on the coupon and for the product groups specified on the coupon. Certain products may be excluded from the coupon campaign.
Coupons or legally permissible discounts (e.g., volume discounts) can not be applied cumulatively to an individual order. Coupons cannot be redeemed for cash.
The coupon is transferrable. Twinsmile can effectively discharge its obligations by tendering performance to any bearer of the coupon who redeems it in the Online Shop.
Customers are entitled to cancel their declaration of consent to enter into the agreement, without stating any reasons, by returning the goods to Twinsmile within no more than 30 days after receipt of the goods. In addition, any notice of cancellation must be given by the Customer in writing within the same time limit (e.g., by letter, e-mail, fax), counting from the date of dispatch or pick-up of the goods. In order for the Customer to meet the time limit for cancellation, it suffices to dispatch the goods within the time limit. Written notice of cancellation must be sent by letter to the address specified in item 13 or by e-mail to firstname.lastname@example.org. The Customer shall bear the burden of proof of having dispatched the goods to be returned.
Cancellation is prohibited and ineffective in the following cases:
- Deliveries of goods that were custom-made products especially for the Customer or tailored to the Customer's personal needs. The Customer is required without exception to take delivery and pay for all components without exception;
- Deliveries of sealed goods that are non-returnable for reasons of health or hygiene, if their seal was removed after delivery;
- Deliveries of pharmaceutical products are non-returnable;
- Deliveries of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
- Service contracts for leisure activities, unless agreed otherwise, if the contract provides for performance on a specific date or in a specific period.
In case of effective cancellation or rescission of the contract, both parties shall provide restitution for any goods or payments already received. If the goods received by the Customer can only be returned in damaged condition, the Customer shall compensate Twinsmile for the loss in value.
The Customer shall bear the costs and risks of return, unless the goods delivered do not match the order.
Twinsmile will exercise its right to withhold any refund until the goods have been returned in full.
in case of exclusion of cancellation and return, the Customer shall bear the costs of return shipment to the Customer in case of returning the goods to us.
12) Warranty and liability
If the delivered goods are defective at the time of the passage of risk, (e.g., manufacturing defects), or in case of incorrect delivery, the Customer is exclusively entitled to the right of subsequent repair or exchange (replacement). If the replacement is unsatisfactory, the Customer is entitled to cancel the purchase. The claim shall lapse if the Customer fails to give Twinsmile notice of the defect or improper delivery within 10 days after receipt of the goods by e-mail email@example.com, by telephone, fax or post.
Twinsmile’s liability is subject to the applicable statutory provisions. Twinsmile's liability is excluded in cases (i) of ordinary negligence, (ii) indirect and consequential damages and lost profit, (iii) unrealized savings, (iv) losses from late delivery, and (v) any actions or omissions by Twinsmile's vicarious agents, whether based in contract or in tort.
Moreover, Twinsmile shall not be liable for loss or damage attributable to any of the following causes:
- storage, configuration or use of the products in a manner that it is improper, contrary to the contract or illegal;
- use of incompatible spare parts or accessories (e.g., power supply);
- omission of servicing and/or improper modification or repair of the products by the Customer or by a third party;
- official orders or cases of force majeure, particularly damage caused by natural disasters, moisture, falls and impacts, etc., beyond Twinsmile's control.
Any service provider hired to supply goods or provide services shall be liable for any resulting defects, delayed performance and loss or damage arising from the service provider's performance.
Twinsmile shall not be held liable for any misprints in advertising materials, data errors in the Online Shop, incorrect price tags, errors in product illustrations, photographs, descriptions or other texts, e.g., in coupon or discount campaigns, or late or omitted deliveries.
Offeror and contract partner for the offers on this websites:
14) Privacy, Copyright, Trademarks
All rights to trademarks, images and copyrights [for the relevant products] are held by Twinsmile or its partners. Downloading, storage, copying, printing of data, images and PDF files, even in excerpts, is prohibited without Twinsmile's written approval. All rights reserved. Any use by the Customer for purposes other than the intended use of the relevant product is prohibited.
15) Final provisions
All legal relationships between the Customer and Twinsmile are subject to Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction shall be Kriens. Notwithstanding the foregoing, Twinsmile also has the right to sue the Customer at the competent court of the Customer's domicile/place of residence, or at any other competent court.
If any individual provisions of these GTB, including the present clause, is or becomes inoperative in whole or in part, or if an omission is found in these terms and conditions, then the validity of the rest of the GTB shall not be affected thereby. The inoperative or missing provisions shall be replaced by the applicable statutory provisions or, in the absence thereof, by such provisions as reflect the meaning and purpose of the inoperative provision.
3 Formation of Contract
5 Pick-up from the place of business
6 Delivery, Forwarding Expenses
7 Granting of rights of use for digital content and software licences
8 Reservation of title, Rescission of Contract
9 Effective period and termination of the contract in the case of subscription agreements
10 Due date and payment
12 Warranty and liability
14 Privacy, Copyright, Trademarks
15 Final provisions