Terms and Conditions

I am pleased that you are visiting my Tonic Gold website and thank you for your interest. In the following I inform you about the general terms and conditions as well as the handling of your personal data when using the Tonic Gold website.

§ 1. Scope

§ 1.1 For all business relationships between Katharina Kaifler and the customer, these general terms and conditions apply exclusively in the version valid at the time of the order. When ordering via the Tonic Gold website, the general terms and conditions of Katharina Kaifler must be accepted before the order is completed, otherwise an order is not possible. The contract language is German.

§ 1.2 General terms and conditions of the customer are not valid

§ 1.3 Deviations from these terms and conditions must be made in writing and must be signed by both contracting parties.

§ 1.4 All services provided by Katharina Kaifler are referred to here and in the following for the sake of brevity as "goods".

§ 1.5 The place of fulfillment and jurisdiction is 8808 Freienbach.

§ 2. Conclusion of the contract

§ 2.1 The presentation of the products on the Tonic Gold website does not constitute a legally binding offer, but a non-binding online catalog. Product images are in part exemplary images and may differ from the products ordered / delivered. The product description is not a guarantee. By clicking the button "Order with obligation to pay" you are placing a binding order for the goods contained in the order email. The confirmation of the receipt of the order takes place together with the acceptance of the order by an email from Katharina Kaifler. With this e-mail confirmation, the purchase contract is concluded.

§ 2.2 Katharina Kaifler reserves the right not to provide the promised services if it becomes apparent after the conclusion of the contract that the provision of the service by Katharina Kaifler would be unreasonable. Katharina Kaifler decides what is unreasonable. In this case the customer will be informed immediately. Considerations and payments already made by the customer will be reimbursed. Further claims by the customer against Katharina Kaifler are excluded.

§ 3. Delivery, transport, transfer of risk and default in acceptance

§ 3.1 When the order is accepted, delivery takes place as quickly as possible, but no later than within two weeks, by the Swiss Post to the delivery address you have given. Parcels are sent from Monday to Thursday, letter post midi letter from Monday to Friday. If the goods you have ordered are not available from us at short notice, we will inform you immediately. The assertion of damages is excluded, as long as there is no gross negligence or intent on the part of Katharina Kaifler. If a certain article or replacement article is not available, Katharina Kaifler is entitled to refuse delivery. Katharina Kaifler will inform the buyer immediately about the lack of availability. If there is a delay in delivery that lasts longer than two weeks, the customer will be informed by email or post and is entitled to withdraw from the contract. We will of course immediately reimburse you for any payments that have already been made. Dates and delivery times are non-binding unless they have been expressly agreed in writing to be binding.

§ 3.2 Delivery, packaging and transport costs plus any costs for transport insurance are to be borne by the customer.

§ 3.3 Katharina Kaifler is not liable for transport damage. Delivery and transport are at the risk of the customer. As soon as the goods have been properly packed and handed over to a transport company, the risk is transferred to the customer.

§ 3.4 Damage to the packaging must be confirmed by the transport company directly upon acceptance of the goods.

§ 3.5 The goods are to be examined for transport damage by the customer immediately upon receipt. Detectable transport damage must be documented immediately (photo) and reported in writing.

§ 3.6 If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, Katharina Kaifler can refuse to fulfill the contract and demand compensation for non-fulfillment. Katharina Kaifler is entitled to claim damages from the purchaser either at a flat rate of 20% of the agreed purchase price or for compensation for the damage actually incurred.

§ 4. Guarantee, material defects, liability and exclusion of liability

§ 4.1 Katharina Kaifler guarantees the proper condition of the goods upon delivery.

§ 4.2 Should defects for which Katharina Kaifler is responsible arise, Katharina Kaifler has the right to make improvements.

§ 4.3 Katharina Kaifler must be notified immediately of any defects. It is necessary to bring all objectionable objects to Katharina Kaifler. This can also be done by a parcel service or a transport company. The return is at the customer's own liability / risk. Katharina Kaifler will then decide on the defect and how to proceed.

§ 4.3 Claims for damages from impossibility of performance, from a breach of contract, from negligence when concluding the contract and from tort are excluded both against Katharina Kaifler and against our vicarious agents, unless Katharina Kaifler acted with willful intent or gross negligence . Any liability for consequential damage resulting from the use of the products is excluded.

§ 5. Prices

§ 5.1 All prices quoted by Katharina Kaifler within the internet offer are end customer prices in Swiss Francs (SFr.) And Euros (€) without VAT, as Katharina Kaifler is not yet subject to VAT. These prices are only valid for orders in the context of e-commerce. The prices quoted are without guarantee. We reserve the right to make price adjustments as a result of any price changes as well as errors in price information.

§ 6. Postage and packaging costs

§ 6.1 Only the postage and packaging costs as described on Katharina Kaifler's website under "Shipping costs" apply.

§ 7. Payment

§ 7.1 Payment is made in advance or on account within 14 days. Katharina Kaifler will give you the bank details after completing the order. If you do not receive a confirmation email, please check your spam folder.

§ 8. Retention of title

§ 8.1 The goods remain the property of Katharina Kaifler until they have been paid for in full.

§ 9. Data protection / declaration of consent

§ 9.1 The data required for processing the order (name, address, e-mail, telephone, bank details) are stored in compliance with the provisions of the Data Protection Act and treated confidentially. The customer can revoke this consent at any time with effect for the future by e-mail or contact form. In this case, Katharina Kaifler undertakes to delete personal data immediately, unless an order process has not yet been fully processed.

§ 10. Use of cookies

§ 10.1 The Tonic Gold website uses cookies on various pages in order to make the visit to the website attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies used by Katharina Kaifler or the Tonic Gold website are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable the Tonic Gold website to recognize your computer on your next visit (so-called permanent cookies). Katharina Kaifler's partner companies are not permitted to collect, process or use personal data via their website using cookies.

§ 11. Final provisions

§ 11.1 Should one or more provisions of these terms and conditions violate applicable laws, the effectiveness of the remaining provisions is not affected. The ineffective regulation will be replaced by the relevant statutory regulation.

§ 11.2 Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the rest of the contract. The ineffective or unenforceable provision should be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision.

8808 Freienbach, June 29th, 2021