General terms and conditions
The General Terms and Conditions (hereinafter referred to as GTC) are an integral part of the contract between ThinkMakker (hereinafter referred to as ThinkMakker) and the customer. The GTC are unconditionally applicable and take precedence over any other terms and conditions. Agreements which amend or supplement the following provisions require the written consent of ThinkMakker in order to be valid. Once the GTC have been agreed, they shall also apply to all further contractual relationships between ThinkMakker and the customer. The version of the GTC in force at the time of conclusion of the contract shall apply in each case.
ThinkMakker does everything in its power to deliver quality products to its customers. Our priority is customer satisfaction and our goal is to provide excellent service.
If the customer is not satisfied with the products delivered, he/she can contact us by email at firstname.lastname@example.org
Our products are handmade and with much care manufactured unicums. Minor deviations in material quality, colour and design. The illustrations in catalogues and price lists as well as the measurements, colours and the like contained therein are approximate and non-binding. Further warranty claims of the customer which go beyond the claims listed here, in particular claims for damages, reduction, cancellation of the contract or withdrawal from the contract, are excluded. Excluded from this are cases of intent or gross negligence on the part of ThinkMakker. The unauthorized return of delivered goods shall not be reimbursed.
If desired, custom-made products are excluded from any exchange.
The offers of ThinkMakker are subject to change. The contract between ThinkMakker and the customer is concluded as soon as ThinkMakker has confirmed the verbal or written order of the customer in writing. The scope of ThinkMakker’s deliveries and services shall be determined by the contents of the order confirmation. The order confirmation shall be deemed accepted by the purchaser unless the latter objects to its contents in writing within three working days of receipt.
The prices are net ex works, exclusive of value added tax. Packaging will not be invoiced and will not be credited in the event of any return shipment. Bulky goods Packaging, especially for custom-made products, will be invoiced separately. All services which go beyond those described in the order confirmation as well as additional costs for subsequent additions and procurements at the request of the customer shall be borne by the customer and shall be invoiced separately.
Shipping instructions of the customer are only binding for ThinkMakker if Biella has confirmed them in writing. Shipping costs for custom-made products at the customer’s request will be charged to the customer.
hinkMakker will only adhere to the promised delivery week if the customer fulfils his obligations and the necessary documents (picture and text templates, manuscripts or data, good for printing, dispatch lists, etc.) arrive at ThinkMakker at the agreed time. In the event of late arrival, ThinkMakker shall no longer be bound by an agreed delivery period. The delivery date stated in each case refers to the entire calendar week; ThinkMakker may freely choose the actual delivery date within the corresponding calendar week. A right of rescission as well as claims for damages of the Purchaser based on non-compliance with a delivery date/period are expressly excluded. The right is reserved in cases of default which can be proven to have been caused intentionally or by gross negligence on the part of ThinkMakker. Unless otherwise agreed, ThinkMakker shall deliver as soon as the ordered goods are available. If the Purchaser is in default of acceptance or violates other duties to cooperate, ThinkMakker shall be entitled to assert all claims for damages arising therefrom.
Transfer of benefits and risks
Benefit and risk shall pass to the purchaser upon dispatch of the deliveries ex works from ThinkMakker.
Acceptance of Deliveries and Warranties
Defects regarding weight, quantity, condition and price of the goods must be reported in writing within 10 days of receipt of the same ThinkMakker, otherwise the goods and the price shall be deemed approved. In the absence of such notification, the goods and the price shall be deemed accepted and any warranty claims of the Purchaser shall lapse. ThinkMakker undertakes, upon timely notification in accordance with paragraph 1 of this Clause 8, to replace free of charge and within a reasonable period of time all parts of the delivery which are demonstrably defective or unusable as a result of poor material, faulty design or defective workmanship, upon written request by the orderer, against their return. The following tolerances customary in the industry are due to technical reasons and shall not be deemed defects: – dimensional deviations of +/- 10% in cutting, punching, gluing and welding work, material thicknesses and weights, – minor deviations in material properties, colour and design. The illustrations in catalogues and price lists as well as the measurements, colours and the like contained therein are approximate and non-binding. Further warranty claims of the customer which go beyond the claims listed here, in particular claims for damages, reduction, cancellation of the contract or withdrawal from the contract, are excluded. Excluded from this are cases of intent or gross negligence on the part of ThinkMakker. The unauthorized return of delivered goods shall not be reimbursed.
Returns without prior consultation with ThinkMakker will not be accepted.
ThinkMakker shall only be liable to the customer for culpa in contrahendo and gross negligence.
As a rule, existing samples will not be charged to the customer. Exceptions are samples which are produced for the customer, the production of which requires toolmaking or which are not related to a specific quotation. The amounts invoiced for the manufacture of tools are to be understood as proportionate costs. Their payment does not entitle the customer to the delivery of the relevant tools. The tools remain the exclusive property of ThinkMakker and, in particular, may not be passed on to third parties.
The reproduction and printing of all image and text templates, samples and the like provided by the customer shall be carried out under the condition and assumption that the customer possesses the corresponding reproduction rights.
Retention of title
The goods shall remain the property of ThinkMakker until the purchase price and all ancillary claims have been paid in full. ThinkMakker is entitled to have the retention of title entered in the appropriate register.
Terms of payment
Payments are usually made in advance by PayPal or bank transfer.
For special or custom-made products, at the request of the customer, an advance payment will be provided as service.
The payments on account (only in exceptional cases) are to be made by the customer without any deduction (e.g. discount, expenses, taxes, fee etc.). The payment period is 30 days from the invoice date. In the event of non-payment within the payment period, default shall occur without further reminder. In this case, ThinkMakker shall be entitled to charge default interest at a rate of 6% per annum.
Law The contractual relationship between ThinkMakker and the customer is expressly subject to Swiss law.
The exclusive place of jurisdiction for any disputes shall be the registered office of ThinkMakker. ThinkMakker , January 2018