Terms and Conditions
General terms and conditions
Modchips are only there to develop own, original applications with the different consoles. Also to save own, original CDs and DVDs. It is not allowed to use modchips for any illegal purposes. With the order, delivery and the agreement to the terms and conditions the customer promises to use the modchip service for legal purposes. Tomasi's GamingFactory does not accept any liability for any consequential damage that may result from the use of Modchips.
Tomasi's GamingFactory hereby expressly points out that the use of back-up systems and modchips is legally permitted only for your own use of backup copies (SR 231.1 Federal Law on Copyright and Related Rights, Art. 24 Archiving and Backup Stamps).
In case of violation Tomasi's GamingFactory is not liable to prosecution.
The prices are strictly net, including transport and packaging costs, unless otherwise agreed. The prices are ex warehouse. Prices are subject to change.
Deliveries are made from stock including shipping costs. The goods travel at the risk of the recipient, transport damage must be reported immediately to the post office or forwarding agent so that claims can be made.
4. Terms of payment
SIf no other method of payment, e.g. delivery on account, has been agreed with the supplier in writing or in person, each delivery will only be made against advance payment or cash payment on collection.
The entire invoice amount is to be paid without any deductions, discounts, rebates etc. within the specified payment period. The buyer is not entitled to withhold payments due to complaints or to offset them against counterclaims.
After receipt of payment on our account the delivery takes place as soon as possible.
4.1 Payment options
-Cash in advance
-Bill (regular customers)
-Credit card payment (Visa, Mastercard, American Express)
5. Product testing
Complaints must be reported to the seller in writing within 7 days. The date of the postmark is decisive. No complaints will be processed after this period. Return shipments are at the expense of the buyer.
6. Redemption and exchange
Exchange or return of goods delivered in accordance with the contract is only possible by arrangement.
Taking back of Modchips is not possible !
The buyer accepts that Tomasi's GamingFactory may charge a compensation for inconvenience.
Tomasi's GamingFactory disclaims any liability for damage caused by improper installation and improper use.
The customer acknowledges that in any case a defect only exists if it is reported to Tomasi's GamingFactory in detail in writing immediately after discovery and contains a reproducible error.
The warranty is excluded in particular for defects which are based on one of the following causes:
- Inadequate maintenance
- failure to observe the operating or installation instructions
- Improper use of the products
- Natural wear and tear
- Use of non-approved parts and accessories
- Transport, improper handling or treatment
- Modification or repair attempts
- External influences (especially water and fall damage), force majeure (e.g. failure of the power supply or air conditioning system, damage caused by natural forces)
- As well as other reasons for which neither Tomasi's GamingFactory nor the manufacturer/supplier is responsible.
9. Retention of title
The goods remain the property of Tomasi's GamingFactory until full payment of the invoice balance.
10. Differential taxation
Companies with an annual turnover of less than CHF 100000 are generally exempt from VAT.
11. General information
A contract is concluded by a written offer, an order confirmation or at the latest by dispatch and invoicing.
With the receipt of the goods the conditions are considered as accepted.