General Terms and Conditions
General Terms and Conditions
Contractual terms and conditions for purchase agreements concluded via the online platform “Joschis-Eleganz.com/ch” between Alexandra P. Streubert, Seestrasse 1, 8803 Rüschlikon, Switzerland (hereinafter referred to as “the Vendor”) and the customer (hereinafter referred to as “the Buyer”):
§1 Scope
By placing an order, the Buyer accepts the following General Terms and Conditions. Should a provision in these General Terms and Conditions be found invalid for any reason whatsoever, then the validity of the remaining terms shall remain unaffected. Divergent verbal agreements require written confirmation.
§2 Agreement conclusion
2.1 The Vendor’s internet offers constitute a non-binding invitation for the Buyer to order goods via the online shop.
2.2 By ordering the desired goods on the internet, the Buyer makes a binding offer to conclude a purchase agreement.
2.3 The Vendor is entitled to accept this offer by sending an order confirmation. The order is confirmed by automated email, and with this confirmation email the purchase agreement becomes effective.
§3 Lead times and shipping
3.1 All items are produced and shipped immediately upon receipt of your payment into our account, with allowance for a normal lead time of 1-2 weeks.
3.2 No claims for damages may be lodged against us in the event of delivery delays due to events beyond our control.
3.3 Products are delivered by post within Switzerland and to Germany, Liechtenstein and Austria.
Note: all customs duties, taxes and fees incurred in the destination country are payable by the Buyer.
Risk is transferred to the Buyer on handover of the goods to the shipping carrier.
3.4 Products are generally ready for delivery within 1-2 weeks. However, the specified lead times are subject to alteration. If orders are high, lead times in individual cases may be extended. The Buyer will be notified of this by email.
§4 Payment terms
Prices given in the online shop are final prices excluding shipping costs.
No sales tax or VAT is shown as we do not charge this (small business status).
Applicable shipping costs are indicated to the Buyer on the order form, and are payable by the Buyer.
Payment of the purchase price plus shipping costs is due and to be effected within 5 working days of concluding the agreement.
The Buyer may pay using the following payment methods: via PayPal, or payment in advance by bank transfer to the account specified in the order confirmation.
§5 Returns
The Vendor’s individually made-to-measure goods may not be exchanged or returned. The Buyer is responsible for ensuring that all measurements necessary to produce their order are taken as precisely and accurately as possible, and that they are given correctly.
§6 Warranty
6.1 If the delivered item is found to be damaged, the Buyer must immediately report this damage to the Vendor. The Buyer has the right to a repair in the event of a legitimate claim, but no refunds or discounts can be offered.
6.2 We do not accept any liability for defects that arise as a result of incorrect use or tampering. Warranty claims are invalid in the event of autonomous or third party repairs made to the product without our written consent.
6.3 The warranty period is 12 months from the date of purchase.
Note: metal parts may cause wear with prolonged use. This is not grounds for complaint.
§7 Liability
7.1 Our hand-made goods are produced with the greatest care and using only high quality materials. However, please note that these are decorative harnesses/leashes which should not be subjected to excessive strain beyond a normal level. The Buyer is responsible for how the products are used.
7.2 The Buyer generally may not claim compensation on any legal grounds whatsoever.
7.3 In particular, the Vendor does not accept liability for damage occurring to anything other than the product itself, nor for loss of revenue or other financial losses by the Buyer.
7.4 This excludes other damage that is attributable to wilful or grossly negligent breach of duty on the part of the Vendor; however in this case liability is limited to damage that would typically be foreseeable under the agreement. No liability is accepted for indirect or consequential loss.
7.5 The aforementioned limitations of liability also apply in favour of agents working on behalf of the Vendor if claims are made against those parties.
§8 Privacy
We use Buyer-transmitted data exclusively for the purpose of processing orders. We treat all data as strictly confidential. Data is forwarded to third parties (e.g. shipping services) only where this is necessary for order processing. However, we accept no liability for the security of order data during transmission via the internet, nor for any potential criminal access to files on our website by third parties.
§9 Copyright
No photos, logos, text, reports, scripts or programming routines on these pages may be copied or used in any other way without our consent.
All rights reserved.
§10 Miscellaneous
It is possible individual items may become unavailable due to our suppliers removing products from their ranges. Claims for compensation due to the unavailability of an item cannot be made against the Vendor. We expressly reserve the right to change the pricing of individual items. Styles may also be altered at any time for the purposes of improving fit, design or comfort.
§11 Jurisdiction
The place of performance and court of jurisdiction is Zurich, Switzerland.
Rüschlikon, 1 May 2015