This website and the online shop tabakino.ch are intended exclusively for smokers aged 18 or over residing in Switzerland who wish to purchase tobacco products for personal use. To gain access to this website and tabakino.ch, you must verify your age. Furthermore, the location of the computer from which you access the website and tabakino.ch will be verified by recording your computer's IP address. Access to the website is possible exclusively from a location within Switzerland. In addition, you must register and select a username and password, which are intended solely for your own use. These security credentials must not be shared with third parties. The purpose of this measure is to prevent the use of the website by unauthorized third parties. As a user of this website and tabakino.ch, you are obliged to take all necessary measures to protect the confidentiality of your username and password.

You are required to inform us immediately if you have reason to believe that someone may have discovered your username or password, or that there might be a risk that your username and password could be used without your consent. You are responsible for all actions taken using your username and password. We disclaim any responsibility for damage resulting from the disclosure of your username and password to third parties.

The personal data that we request from you during the registration process must be true and accurate.

Your user account allows the use of this website and access to tabakino.ch only for your own private, non-commercial purposes.

We reserve the right to delete your registration and close your user account at any time without prior notice if you violate your obligations as stated in these General Terms and Conditions.

Use of this website tabakino.ch

You are personally responsible for all access to this website and tabakino.ch that occurs via your internet connection. You are not permitted to share your password with third parties to enable them to access the website as a registered user.

Furthermore, you are not permitted to use this website or tabakino.ch to send us, this website, other users of this website, or tabakino.ch content that in any way: violates laws, regulations, or guidelines of applicable jurisdictions; is of a fraudulent, criminal, or illegal nature; is inaccurate or outdated; is of an obscene, offensive, pornographic, vulgar, profane, racist, sexist, discriminatory, insulting, disparaging, harmful, harassing, threatening, annoying, malicious, abusive, hateful, intimidating, defamatory, untruthful, or political nature; impersonates another person or institution or falsely implies a relationship with another person or institution; could infringe upon the copyrights or other intellectual property rights (including but not limited to copyright, trademark, and broadcasting rights) or the data protection or other rights of our company or a third party; could run counter to our own interests or the interests of tabakino.ch; violates certain rules or requirements that we establish on this website with regard to specific parts of the website, tabakino.ch, or this website in general; or is related to your use, initiation, or transmission of viruses, unsolicited emails, Trojans, so-called trap doors, backdoors, so-called easter eggs, worms, time bombs, cancelbots, or computer programming routines intended to damage, maliciously manipulate, secretly spy on, or steal components of a system, data, or personal information.

Terms and conditions for competitions on tabakino.ch

The competitions organized on tabakino.ch are aimed exclusively at smokers aged 18 or over residing in Switzerland. Only persons registered on tabakino.ch are permitted to participate in these competitions.

Employees of tabakino.ch, their partners and service providers, as well as the family members of these employees, are excluded from participating in such competitions.

Participation in a competition on tabakino.ch requires your agreement to both the General Terms and Conditions of tabakino.ch and the special terms and conditions of the respective competition.

Furthermore, we reserve the right at any time and at our sole discretion to terminate a competition. The cessation of such a competition does not entail any right to compensation of any kind. No rights are acquired and no services can be demanded.

Moreover, we accept no liability if data entered in forms or participants' emails are not recognized by the system, or if a person is prevented from participating in a competition due to a technical or other defect.

We also reserve the right to exclude participants from competitions. This applies in particular to participants who cheat or attempt to cheat (creating multiple participant accounts), or to participants who violate the general or special terms and conditions of a competition, or who in any way misuse the offered competitions.

Otherwise, all other provisions of these General Terms and Conditions apply, in particular those regarding access to the website, terms of use, warranty and liability disclaimers, and data protection.

Conclusion of a purchase contract on tabakino.ch

We have commissioned Tabakino GmbH, Zurich, with the sale of goods ordered via tabakino.ch. When you place an order on tabakino.ch, you are therefore purchasing the ordered goods from Tabakino GmbH, Zurich. Furthermore, Tabakino GmbH is responsible for the assembly, delivery, and invoicing of your orders.

As soon as you access tabakino.ch with your password, you have the option to select goods offered on tabakino.ch and place them in your virtual shopping cart by clicking the "Shopping Cart" button. To continue shopping, you must open the shopping cart on the right edge of the webpage and then press the "Shopping Cart" button. A new window will open containing information about the items in the shopping cart. You can then start the actual ordering process by pressing "Order". In the following screen, you must enter the delivery address. You will then be guided to the next step via the "Continue" button. The following screens ask for the delivery and payment method. When you reach the final step of the ordering process and as soon as you have entered the mandatory payment details, you must accept the General Terms and Conditions and the privacy policy of this website. Only if you have entered all necessary information and have accepted the General Terms and Conditions and the privacy policy can you complete the order by pressing the "Continue" button. An order confirmation will then appear. You will also receive an order confirmation via email. We recommend that you print out your order and the General Terms and Conditions.

Your order represents a declaration of intent on your part to purchase goods. After receipt of your order, you will receive an order confirmation from Tabakino GmbH, which notifies you of the receipt of your order. The order confirmation does not constitute an acceptance of your order. The order confirmation contains all relevant information regarding your order. In the event that the order confirmation contains incorrect information, you are obliged to notify Tabakino GmbH immediately.

Your order is only considered confirmed and a purchase contract with Tabakino GmbH is only considered concluded when Tabakino GmbH has sent you a shipping email in which the shipment of your order is confirmed.

Tabakino GmbH will inform you if necessary if it decides not to accept your order.

Should we or Tabakino GmbH become aware of a violation of these General Terms and Conditions in connection with a purchase on tabakino.ch, we reserve the right to exclude you from using and accessing this website and tabakino.ch and to delete your user account without prior notice.

If you have problems placing your order, please consult the FAQ.

Presentation, availability, and delivery of goods

The range of goods displayed on tabakino.ch (specifications, colors, prices, availability) is generally non-binding. We and Tabakino GmbH reserve the right to modify the range of goods at any time and to remove certain products from the offer entirely. We and Tabakino GmbH exclude any liability for typographical errors, incorrect or incomplete information regarding product descriptions.

We endeavor to ensure the best possible availability of the goods offered on tabakino.ch. The presentation of a specific item on tabakino.ch does not mean that we provide a guarantee regarding the availability of this item. Tabakino GmbH is only obliged to deliver available goods.

If ordered goods are unavailable, Tabakino GmbH may not be able to fully execute your order. tabakino.ch reserves the right to either cancel your order or perform a partial delivery. In such a case, tabakino.ch will inform you accordingly.

The delivery of goods takes place by courier to the delivery address you provided during the ordering process and is limited to Switzerland.

In general, orders accepted by tabakino.ch are delivered to the address specified in the order confirmation. If you are absent at the time of delivery, your shipment will be left for you in your mailbox or in your "milk box," if possible. If the size of the shipment does not allow for this, the courier will leave a notification regarding how to proceed. Products not delivered after three attempts will be returned to tabakino.ch. The goods can be delivered upon payment of delivery costs (cash on delivery) or collected directly from tabakino.ch after written notification. The obligations to pay for the goods entered into with the purchase remain in effect. If the goods are not collected within 6 months or cannot be delivered cash on delivery, the goods will return to the inventory of tabakino.ch. A refund of payments already made must be claimed in writing.
In Switzerland, we waive shipping costs for orders of CHF 200.- or more (calculated without considering tabakino.ch discounts but incl. gift vouchers) or more (excl. VAT) depending on the product group. Free delivery applies exclusively to standard deliveries within 3 working days in Switzerland.

These delivery deadlines are non-binding and may vary. The same applies to the time of delivery. Failure to meet delivery dates does not justify any claims for damages. It is not possible to specify a particular day or time for the delivery of the goods. Liability claims regarding delivery dates are excluded.

Resale

The resale or passing on of goods purchased on tabakino.ch to third parties is strictly prohibited.

Prices

All prices displayed on tabakino.ch include VAT in accordance with the applicable tax rates. The prices displayed at the time of your purchase on tabakino.ch apply.

Should your order not fall under the conditions of free delivery (see section above), a flat rate of CHF 9.90 for postage will be charged.

Payments

You can make your payments via credit card, debit card, Twint, PostCard, or invoice (factoring handled via partner Wallee Group AG). The corresponding amount will be debited from your account when your order has been shipped. Once the shipment of your order is being processed and the ordered goods have been handed over to the courier, refunds are no longer possible.

To protect your personal data, we use Secure Socket Layer (SSL) encryption technology as well as other certified encryption technologies and systems.
After your account has been set up, you have the option at any time during your online purchase to decide whether you want to save your credit card details for future transactions or whether you want to delete your data. In the latter case, you must re-enter your credit card details for each transaction.

Please note that payment by credit card may result in additional costs and fees depending on the credit card contract concluded between you and the credit card institution.

tabakino.ch reserves the right to exclude you from future use of the website and future access to tabakino.ch and to delete your user account in the event of late payment or insufficient credit card coverage.

Purchase on invoice with partial payment option (POWERPAY)
MF Group / POWERPAY offers the payment method "Purchase on invoice" as an external payment service provider. With the single invoice, you can easily pay for your online purchase by invoice. If you refrain from making a payment within the specified timeframe, you will subsequently receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice claim and handles the corresponding payment modalities. When purchasing on invoice, you accept the general terms and conditions of POWERPAY in addition to our GTC. (powerpay.ch/de/agb).

Theft and misuse of delivered goods

As soon as the goods have been delivered to the buyer or deposited in their mailbox or milk box, we decline all responsibility in the event of theft or misuse. It is the buyer's responsibility to ensure that the goods are not sold to minors under 18 years of age or used by them.

Disclaimer of warranty

This website and tabakino.ch as well as the corresponding content are provided "as is" and "as available." All information concerning the goods offered on tabakino.ch is non-binding and does not constitute any guarantee.

To the fullest extent permitted by applicable law, we disclaim all responsibility or warranty regarding the proper functioning of the website and tabakino.ch, the ability to access and use the website and tabakino.ch, the completeness, accuracy, and timeliness of the content, information, or data on the website and tabakino.ch, the absence of defects on the website or tabakino.ch or the content present there, and in particular regarding the absence of viruses or other malicious software, and regarding the absence of special characteristics that might possibly be expected in connection with this website, tabakino.ch, or their content. If you access this website or tabakino.ch, use them, or download content from there, you do so at your own risk. Therefore, if you subsequently suffer data loss or damage to your computer system as a result of this use, tabakino.ch is not responsible for this.

Should the shipment be damaged upon delivery, you can return it to your courier service point for the purpose of free return shipping. To do this, you must fill out a return slip at the courier service point.

tabakino.ch reserves the right to change, adapt, shorten, complete, and/or completely remove this website, tabakino.ch, or their content from the web at any time at its own discretion, without continuing to provide the previous version.

Limitation of liability

To the fullest extent permitted by applicable law, tabakino.ch disclaims all liability for possible damages, including loss of profit, data loss, business interruption, or damage of any kind that could arise in connection with the use of this website, tabakino.ch, or their content, in particular in connection with the use of documents and/or applications provided there, or that could result from the impossibility of using these documents and applications, participation in any offered competitions or promotions, and/or the purchase or shipment of items or goods of any kind in connection with this website or tabakino.ch. In particular, no liability is assumed for possible damages, including loss of profit, data loss, or damage of any kind resulting from delivery prevention or delayed delivery, defects concerning the goods, theft, or other events in connection with the delivery of the goods.

It is specifically your responsibility to update your details in the event of changes to your address. tabakino.ch excludes any liability for problems resulting from incorrect address information.

tabakino.ch further excludes any liability for actions committed by auxiliary persons within the meaning of Art. 101 of the Swiss Code of Obligations.

Furthermore, to the fullest extent permitted by applicable law, tabakino.ch disclaims all liability for possible damages in connection with the use of the goods offered and purchased on tabakino.ch.

This website or tabakino.ch may contain links to other websites. These websites are not in every case operated or monitored by us. To the maximum extent permitted by applicable law, tabakino.ch disclaims all liability for any damages in connection with the access to and use of these linked websites.

You agree to indemnify tabakino.ch against all third-party liability claims relating to damages in connection with your illegal use of this website and tabakino.ch, as well as the illegal purchase of goods on tabakino.ch, including your illegal resale of goods.

Intellectual Property Rights

The use of this website and tabakino.ch does not grant you any license rights regarding the intellectual property rights of the content of this website and tabakino.ch.

This website, tabakino.ch, and all content posted thereon (in particular software, files, designs, graphics, and data) are and remain the property of tabakino.ch and are protected by the corresponding laws regarding intellectual property rights, including copyright and trademark rights. Any unauthorized use of this website or tabakino.ch, in particular the use of this website or tabakino.ch or its content for professional or commercial purposes of any kind, as well as the reproduction, representation, transfer to others, communication, circulation, distribution, modification, licensing, sale, or any other exploitation of this website or tabakino.ch or its content, texts, parts of texts, static or animated graphics, audio data, software, goods, or services, as well as other data or information, is expressly prohibited without our prior written consent. Methods such as framing and inline linking of the website and tabakino.ch content are particularly prohibited.

Data Protection

Information regarding the collection and processing of your personal data captured in the course of your use of this website and tabakino.ch, as well as in the course of your purchases made there, can be found in our privacy policy.

Contact

Please address any questions regarding these General Terms and Conditions or our privacy policy in writing to the following address: Tabakino GmbH, tabakino.ch, Albisriederstrasse 253, 8047 Zurich. For questions regarding tabakino.ch and orders placed via tabakino.ch, you may contact us via email at info@tabakino.ch.

Severability Clause

If any provisions of these General Terms and Conditions should be void in whole or in part now or in the future, or if these General Terms and Conditions contain legal loopholes, the remaining provisions shall remain unaffected and shall continue to be in full force and effect. The applicable statutory provisions shall replace the invalid provisions of these General Terms and Conditions.

Applicable Law and Jurisdiction

These General Terms and Conditions, and in particular the contractual relationship between you and tabakino.ch, are subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods, and shall be interpreted accordingly. The place of jurisdiction is the customer's place of residence, which must be in Switzerland. Zurich, March 2024