General Terms and Conditions DESIDERIA GmbH
Date: July 2013
1. GENERAL INFORMATION
1.1 Scope of Application
1 These General Terms and Conditions of Business (GTCs) apply to all of the services and Goods (hereinafter referred to as the “Goods”) of DESIDERIA GmbH (hereinafter referred to as DESIDERIA) that are delivered to the Customer on the basis of an order by the Customer (hereinafter referred to as “Customer/Purchaser”)
2 By placing an order, the Customer accepts DESIDERIA‘s GTCs; DESIDERIA strives to update its GTCs on a regular basis. The Purchaser accepts the version that is valid when placing the order, such as it is published on the website.
3 Any other terms and conditions of business of the Purchaser are not accepted.
1.2 Brands and Design
4 All brands, designs and Goods of DESIDERIA are protected by law. The use of copies or imitations for commercial or private purposes is prohibited. In the event of a violation, DESIDERIA reserves the right to bring forward any claims under civil or criminal law.
1.3 Online Shop
5 DESIDERIA operates various stores and one online shop. Unless something different is stated here, these GTCs shall apply to all orders, regardless of the type and manner of ordering and re-ordering.
2 ORDERING PROCESS
6 The Goods presented in DESIDERIA’s online shop do not yet constitute an offer, but they are, as a rule, an invitation to the Customer to make an offer. The colours and representation may deviate from the actual Goods as the images are not always true to the original in every respect and the presentation depends on the Purchaser’s monitor.
7 The stated price includes VAT but excludes shipping costs or customs charges in the event of deliveries from Switzerland to foreign countries. These costs will be billed and stated separately. DESIDERIA may choose between standard postal delivery and courier delivery (DHL etc.).
8 If the order is placed via the website, by email or by phone, the Customer is bound by his/her/its order for a period of 14 (fourteen) days.
9 If DESIDERIA confirms the order within this period, the contract will be concluded subject to no. 2.3.
10 If DESIDERIA does not send a confirmation within 14 working days from placing the order, the Customer may cancel his/her/its order by notifying DESIDERIA thereof in writing or by facsimile letter (fax no. +41 81 422 44 49) no later than the 21st day from placing the order.
2.3 Cancellation of the Contract
11 The Goods sold by DESIDERIA are manufactured by third parties on its behalf and delivered to DESIDERIA. DESIDERIA cannot assume any liability for the manufacturers’ capacity to supply. Accordingly, DESIDERIA has the right to cancel the contract at any time in the event of inability to deliver, significant delays in delivery or incorrect price information/confirmation on the part of the manufacturer.
12 In this case, DESIDERIA will refund any payments made without interest to the Purchaser. The period for repayment is 30 days starting from the notice of cancellation of the Contract.
3.1 Product Information
13 DESIDERIA endeavours to make truthful statements in its advertisements, offers and information in relation to its Goods. Since these Goods are produced by third-party manufacturers according to the specifications of DESIDERIA, DESIDERIA cannot assume any guarantee, and all information regarding the size, colour, material quality and condition is supplied without liability. Any statements can only be regarded as warranted qualities if they have been confirmed by email or in writing in any other form.
3.2 Defective Delivery
14 Should the Goods delivered by DESIDERIA deviate significantly from the information published in the online shop, the Purchaser is entitled to return the Goods against reimbursement of the purchase price, including freight costs, customs charges and VAT. Significant deviations are exclusively:
– Deviations in colour, if the Goods are delivered in a different colour (blue instead of green; however, not dark green instead of emerald green etc.).
– Deviations regarding the Goods’ dimensions insofar as they exceed the values published in the online shop by 25 per cent.
– DESIDERIA disclaims any liability for alleged defects of quality, knitting flaws and similar. However, DESIDERIA is free to replace the Goods free of charge as a gesture of goodwill.
15 DESIDERIA may change the prices published in the online shop at any time. The applicable prices are those valid on the order date. No. 2.3 shall apply to any errors made in the price information or the price/quantity ratio.
16 All prices stated are including the Swiss rate of value added tax. As regards deliveries abroad, the value added tax can be refunded. In this case, the Customer shall bear the customs charges and shipping costs.
4 DELIVERY PERIODS
17 Unless specified otherwise, the approximate delivery periods are five days days for deliveries within Switzerland and ten days for deliveries abroad. The stated delivery periods are non-binding.
18 In the event of delivery dates that have been explicitly confirmed as binding, the Customer may rescind the contract if delivery is not effectuated within the relevant period due to a fault by DESIDERIA. To exercise their right of rescission, the Customer has to grant DESIDERIA a period of grace of three days for deliveries within Switzerland and of seven days for deliveries abroad. No. 2.3 shall prevail in all cases.
19 If the Customer is entitled to rescind the contract due to delivery delays as specified in the above paragraph, DESIDERIA will reimburse any payments made without interest.
5 TERMS OF PAYMENT
20 The Customer is obliged to make payment by cash in advance, either by remittance to a business account notified by DESIDERIA or via Pay Pal. If no advance payment is made, DESIDERIA is not obliged to deliver, while the Purchaser remains bound by his/her/its order (see no. 2.2 above).
21 Insofar as DESIDERIA provides written consent, deliveries to companies and customers can be made against invoice. A prior written agreement needs to be made for this purpose. In such cases, the period of payment is thirty days from delivery. DESIDERIA may terminate such an agreement at any time without stating any reasons and request delivery against cash in advance. Credit limits are reviewed and adjusted on an ongoing basis.
22 If a Customer is in arrears with payment in the case of an agreement to delivery against invoice, all invoices become due and payable immediately. In addition, DESIDERIA is entitled to unilaterally cancel all open orders and to claim damages.
6 RETURN OF GOODS
23 Goods can only be returned in line with DESIDERIA’s GTCs. Any other statutory provisions applicable at the registered office of DESIDERIA or the Purchaser’s place of residence shall be excluded. The Customer bears the risk for the loss of and for any damage to the Goods when returned. DESIDERIA may choose to refund the purchase price without interest or to provide substitute delivery.
24 DESIDERIA disclaims any liability for the Goods. This also applies to the suitability for use in terms of the purpose intended by the Customer. In addition, DESIDERIA is not liable for any consequential losses resulting from non-delivery or late delivery.
25 Any liability is limited to gross negligence and the value of the Goods.
8 DATA PROTECTION
26 All data received from the Customer will be stored; however, it can be used for advertising purposes and provided to affiliated enterprises or auxiliary agents of DESIDERIA. If the Customer objects in writing to receiving any advertising materials, DESIDERIA will refrain from sending such materials.
9 FINAL PROVISIONS
27 Time information always refers to working days. Saturdays and Sundays as well as the municipal and cantonal holidays applicable at the registered office of DESIDERIA, including 1 August, are not regarded as working days. Any periods stated are suspended during company holidays.
28 All notices are to be given to the valid business address of DESIDERIA.
29 DESIDERIA is entitled to use the address last notified by the Customer. DESIDERIA is not liable for late or defective delivery if the Customer has failed to provide DESIDERIA timely notification of a change in their address.
30 If there are several translations of these GTCs, the German version shall prevail in the event of deviations.
9.2 Applicable Law
31 The order and the contract as well as all legal relationships arising from or in connection with this contract shall be governed exclusively by Swiss substantive law, to the exclusion of the choice-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10 PLACE OF JURISDICTION
32 The exclusive place of jurisdiction for all legal disputes arising from or in connection with these GTCs or an order for Goods or services shall be the general jurisdiction courts at the registered office of DESIDERIA.