GENERAL TERMS AND CONDITIONS (DE)
- Applicability and scope
The General Terms and Conditions (hereinafter "GTC") with the following provisions apply to all business relationships between [Stefan Stanic] (hereinafter " Stanic", "us" or "we") and the customers (hereinafter "customer" or "you") for clothing purchased via our website / online store [stevenkerum.store].
The website and online store are operated by:
[Stanic Stefan]
[Gänsacker 2]
[Tel: 079 368 17 00]
[E-Mail: stevenkerum@gmail.com]
In the business relationship between [Stanic] and the customer, individual agreements concluded take precedence over these GTC. Conflicting conditions of the customer are not recognized.
[Stanic] reserves the right to amend these GTC at any time. All changes become effective with the publication of the new GTC on the website or as part of the ordering process. When purchasing a product, the date on which the binding order is placed is the relevant date for the applicability of the valid GTC.
Customers should read these GTC carefully before placing a binding order. By placing a binding order, customers agree to the provisions of the GTC and the Privacy Policy [URL Privacy Policy] and declare that they are authorized to enter into legally binding contracts and are at least 18 years of age.
Conclusion of a purchase contract
The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to order the product in the online store. [Stanic] expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on Muster AG.
Customers can place binding orders for the selected products via the online store. They can place the desired products in the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the [order] button on the order page at the end of the order process. The order can be viewed and changed by the customer at any time before it is sent. Customers can recognize any input errors and correct them before the binding and therefore final submission of the order.
An order confirmation is sent immediately and automatically by e-mail. This confirmation e-mail contains the order data and the GTC accepted during the order process. The confirmation e-mail only serves as information that [Stanic] has received the order. The automatic order confirmation does not constitute a purchase contract. By sending the order, customers confirm that they have read the GTC and agree to them without reservation. [Stanic] recommends that customers print out the GTC and documentation or save them on their devices (digitally).
After the customers have placed a binding order, [Stanic] is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards the customers or third parties. Any payment already made will be refunded by [Stanic] if the order is canceled. Reasons for rejecting an order may include, for example, lack of availability, lack of authorization for payment by the customer or there is reason to believe that the customer is acting in breach of these GTC, individual contracts, fraudulent or other criminal activities or for any other important reason.
Acceptance of the order creates a binding purchase contract with the customer. Acceptance is effected by the dispatch of the ordered goods.
Any commercial distribution or resale of the products is strictly prohibited.
Availability and reservation of performance for non-deliverable products
All information on the availability of the products and the shipment and delivery of the goods is provisional information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipment or delivery of the goods is expressly excluded.
The products are available as long as [Stanic]'s stocks last. If [Stanic] discovers during the processing of the order that the goods ordered by the customer are not available, the customer will be informed immediately. In this case, no contract is concluded for the unavailable goods; the ordered goods cannot be delivered. Furthermore, [Stanic] reserves the right to limit the number of items that can be purchased by customers. In this case [Stanic] will inform the customer by e-mail.
Prices and shipping costs
The products and prices correspond to those indicated on the website. All prices are quoted in CHF (Swiss francs) or in euros and include the statutory value added tax (VAT) and, where applicable, additional duties/fees of the relevant EU country. The total price of the order, including any ancillary and shipping costs and the VAT/duties/fees payable for the respective country, is displayed at the end of the order process. For shipments to countries outside Switzerland, additional customs duties may be incurred. These are not included in the price and must be paid by the customer.
By placing a binding order, customers declare that they agree to the total price for the products ordered. After the binding order has been placed, the price can no longer be adjusted.
[Stanic] reserves the right to change prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.
Terms of payment/credit check
Orders are generally due for payment immediately.
Customers have the option of paying using the payment methods displayed on the website or during the order process. These may change from time to time and from country to country. In addition, [Stanic] reserves the right not to offer certain payment methods in specific individual cases and to refer to other payment methods. [Stanic] is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
By selecting the means of payment, customers authorize payment either by entering their credit card details or the access data of a payment service provider. Customers authorize [Stanic] to collect payments. Should chargebacks occur, [Stanic] is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, [Stanic] shall not be liable for any fees or other amounts that the card issuer or bank may charge the customer as a result of processing the payment in accordance with the order.
If customers pay with a credit card or an alternative payment method, [Stanic] reserves the right to check the validity of the card, to check the availability (and scope) for collection as well as the address data and to request authorization from the card issuer or payment provider. Furthermore, customers confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, [Stanic] reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
If payment by invoice is possible in individual cases, customers will receive the invoice with payment slip together with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, [Stanic] is entitled to charge the expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.
Terms of delivery
Deliveries are always made via the Swiss Post AG delivery service. For deliveries to Switzerland, the shipping costs are borne by [Stanic]. For deliveries to the EU, the following delivery services are used: [Swiss Post AG or couriers such as DHL, TNT.] The desired delivery service can be defined during the ordering process. The costs incurred must be paid in advance by the buyer.
The goods ordered in the online store and in stock will be delivered to the customer within [7-14] working days after receipt of full payment, depending on the destination. Customers can use [the tracking number] to track the current location of the order.
If the products are marked as out of stock when the order is placed, [Stanic] will endeavor to deliver the goods as soon as possible. [Stanic] will make every effort to meet the stated delivery times. However, [Stanic] is not responsible for delays in delivery, regardless of their cause. Customers will be informed immediately of any delays in delivery.
If the delay in performance lasts more than [3] weeks after the original delivery date, customers are entitled to cancel their order. Further claims, in particular claims for damages, are excluded.
Should the delivery of the goods fail through the fault of the customer, [Stanic] may withdraw from the contract. Any payments made will be refunded immediately.
Retention of title
[Stanic] remains the owner of the delivered goods until they have been paid for in full.
Right of withdrawal and return
For all purchases of goods via our online store (with the exception of certain products; see the withdrawal restrictions below), customers as consumers have a right of withdrawal within 14 days of receipt of the goods - without giving reasons. Customers may withdraw from the contract within 14 days of receipt of the goods or a third party named by the customer, who is not the carrier, by returning the goods to [Stanic Stefan, Gänsacker 2, phone: 079 368 17 00 and e-mail: stevenkerum@gmail.com any further details] or by sending a clear declaration of withdrawal in text form (e.g. a letter sent by post, e-mail or fax) of the decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of revocation are handed over to the post office or another transport company for return or dispatch on the last day.
The prerequisite for exercising the right of withdrawal is that the goods are returned to [Stanic] unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:
[Stanic Stefan], [Gänsacker 2, 5070 Frick, Switzerland, phone: 079 368 17 00 and e-mail: stevenkerum@gmail.com].
If the customer withdraws from the contract, and if the goods are properly returned, [Stanic] will refund the total price paid by the customer, including delivery costs (with the exception of the costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by [Stanic]) immediately and at the latest 14 days from the day on which [Stanic] received notification of the withdrawal from this contract or the goods were received by us. Repayment will be based on the original payment method used and will always be made to the associated account used for payment, unless expressly agreed otherwise with the customer; in no case will [Stanic] be charged any fees for this repayment. Customers should ensure that they have access to the specified account, as [Stanic] accepts no liability in this respect.
[Stanic] may refuse repayment until [Stanic] has received the goods back or until customers have provided proof that they have returned the goods, whichever is the earlier.
Customers shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal is excluded for the following contracts:
Delivery of products (in particular the leather jackets) that have been individually manufactured according to the customer's own specifications or that are clearly tailored to the customer's needs (so-called customer-specific, individualized products);
if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
Notice of defects/warranty
[Stanic] warrants that the goods correspond to the warranted characteristics and have no defects that impair their value or suitability for the intended use.
Upon receipt of the products, the customer must check them immediately for correctness, completeness and any damage. Defects or damage must be reported to [Stanic] within [3] working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If the customers do not inspect the defect or report it immediately, the product shall be deemed approved and the customers shall no longer be entitled to assert claims against [Stanic].
The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the customer's own fault.
The customer's warranty claims are limited to replacement delivery to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. [Stanic] shall decide on the replacement delivery at its own discretion. If the replacement delivery fails, customers are entitled to withdraw from the contract in the event of significant defects.
For complaints or service questions, customers can contact [Stanic] at the following address with the order number, customer number, a description of the fault and other helpful information:
[Stanic Stefan, Gänsacker 2, 5070 Frick, Switzerland, phone: 079 368 17 00 and e-mail: stevenkerum@gmail.com].
The defective product must be returned to the above address of [Stanic] with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. Customers are asked to confirm their return and keep the confirmation, as your warranty claim cannot be processed if the package is lost.
Registering for an account
When registering for a customer account, customers can view information about their completed, open and recently shipped orders and manage and save their address details, any payment details and any newsletter. The storage of customer data means that the data does not have to be re-entered when making a new purchase.
If customers register for such an account, they are responsible for ensuring that the personal data required for registration is truthful and complete. Customers are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. [Stanic] guarantees to treat customer data confidentially and not to pass it on to unauthorized third parties. Further information on data protection can be found in our privacy policy at [https://www.stevenkerum.store/pages/datenschutz].
Registration is free of charge. Each customer is only authorized to maintain one customer account. [Stanic] reserves the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
[Stanic] is not obliged to accept the registration or order of a registered customer.
Complaints and grievances
Customers can contact [Stanic] at any time using the contact information provided at the beginning. [Stanic] will endeavor to review customer inquiries and complaints as quickly as possible and will contact customers upon receipt of the documentation or submission or complaint.
Liability
[Stanic] is liable for damages caused and proven by [Stanic] through unlawful intent or gross negligence in the event of a breach of its own obligations under these GTC and the contractual relationships based on them. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damage includes, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions to the availability of [Stanic]'s services. Furthermore, Muster AG assumes no contractual or non-contractual liability for damages caused by auxiliary persons who are used to provide the service.
The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb or health caused directly by [Stanic] or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC is limited to the price of the goods that the customer has ordered from [Stanic], irrespective of the cause and to the extent permitted by law
In the event of the occurrence of an event beyond the control and influence of [Stanic] (so-called force majeure), [Stanic] assumes no liability or responsibility for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond the control of [Stanic] includes, for example, strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, motor vehicle routes or other means of public or private transportation.
Should an event beyond the control of [Stanic] occur that affects the fulfillment of obligations under the contract, customers will be informed as soon as possible.
Data protection
[Stanic] collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of personal data, the rights of customers and related issues can be found in the privacy policy at [link], which forms an integral part of these GTC.
Copyright
The information and content published on the website are protected by copyright and are the property of [Stanic] or the respective copyright holder. Reproduction, editing, distribution or any other form of utilization is not permitted and requires the prior written consent of the respective rights holder. [Stanic] and the respective rights holder expressly reserve all rights in this regard.
Severability clause
Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.
Online dispute resolution
The European Commission has set up an online platform for alternative dispute resolution procedures for consumers resident in the EU, which provides an out-of-court procedure for resolving all disputes in connection with and arising from online sales contracts. Customers can use this platform to resolve disputes arising from the online contract concluded with us. The platform is available at the following link http://ec.europa.eu/consumers/odr/.
Applicable law and place of jurisdiction
These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of [Stanic] or, in the case of Swiss customers, the place of residence of the respective customer. For legal entities, the place of jurisdiction is exclusively the registered office of [Stanic].
These provisions shall only apply insofar as there are no mandatory provisions of the law of the country in which the consumer has his habitual residence which take precedence over these GTC.