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| Legal Information - Terms of Use |
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Dear customers, here you will find the “small print”. We want you to be always happy as a customer and hope you recommend our products and services to many of your friends; therefore we will always act in your best interest.
This is only a translation of the German Terms of Use (AGB). These “Terms of Use” in English are made for clients, who do not understand German. In case of a trial the German AGB´s are standard.
1. Area of application
The general trading conditions that apply at the time of the order are available on the Internet with all our contracts and services. Upon ordering products from our assortment, these general trading conditions are assumed to have been accepted. Differing regulations of the orderer are recognized only if these have been agreed expressly in writing.
2. Acceptance of contract
The buyer commits himself to fulfil the order according to the conditions indicated on the Website. An order-mistake is to be communicated to the company Sattlerei Meile immediately. Sattlerei Meile will inform the customer beforehand about the placement of the order. The contract implies acceptance of the offer by:
Swiss Souvenir
Sattlerei Meile
Ernst Fausch
Hauptstrasse 54
8754 Netstal GL
Tel. +41 55 640 46 20
info@swiss-souvenir.ch
The acceptance takes place via explanation in text form by E-Mail during the dispatch or via delivery of the product. The customer’s right to revocation remains unaffected by it.
The prices and conditions specified on the Web page at the time of the customer’s order are binding for the Sattlerei Meile. The Sattlerei Meile has however the right to cancel the contract, if writing, printing and calculation errors are present.
If an article is not available and if the orderer agrees, the Sattlerei Meile offers the delivery of a substitute, if it is equivalent in type and price.
If the Sattlerei Meile cannot implement an order because a product is not available, the Sattlerei Meile will inform the customer immediately about its unavailability and will refund the contracting party.
In the case of revocation of the contract by the customer for no apparent reason, the customer is obligated to pay the cost of the return. Otherwise the return for the customer is free of charge.
3. Offer and prices
All offers and prices on the Website are not binding and are without guarantee. Mistakes or changes of the product and prices remain reserved.
All prices exclude the legal value added tax for Switzerland (7.6%). In the case of shipping outside of Switzerland, the Swiss value added tax is not charged.
The price is determined at the time of the confirmation of the order. Changes in the design, and/or in technical features, which improve the function of an article, as well as mistake during description, pictures and price are reserved.
4. Terms of payment and shipping
All payments take place by pre-payment or cash payment; discount payments are not granted.
The following payment possibilities are available:
For clients in Switzerland:
- PayPal
- Transfer
- Local cash payment
For clients in the EU:
- PayPal
- Bank Transfer
For clients outside of the EU and Switzerland:
- PayPal
5. Retention of title
All delivered goods remain on our property until we received the complete payment. We are entitled to register the retention of title register in the domicile canton.
6. Terms of delivery
The packages will be sent predominantly by Swisspost. The shipping and handling charges can be asked via e-mail if required or can be seen on the internet at www.swisspost.ch.
6.1 Scope of delivery
The time of delivery will be determined by our order confirmation.
6.2 Delivery time
The delivery of each order by package is made through the post office or another mail-order company. We cannot give a warranty on the delivery time. If products are not subject to unforeseeable demand or for other reasons at the time of the order in stock, they are not delivered as priority packages. If this should not be possible, then an equivalent offer is made, and/or the person who placed the order has the possibility of resignation after further appropriate inquiry. From the subsequent delivery no additional costs result to the person placing the order. Times for delivery are in principle not binding. Obviously damaged goods do not have to be accepted. For the adherence to dispatch and of the times for delivery indicated by us, we are responsible only if we expressly designated these as obligatory upon confirmation. If an obligatory dispatch or delivery date is exceeded, the person placing the order can send a complaint or he can withdraw from the contract immediately.
6.3 Partial deliveries
Partial deliveries depend upon the delivery situation according to our discretion. The remainder supply will be delivered dispatch-free subsequently.
6.4 Return right
Cancelling of the articles after shipping is possible only in original packaging and after arrangement with Sattlerei Meile.
7. Guarantee and adhesion
Any failure of the delivery must be announced immediately or at the latest within two weeks in writing after receipt of the commodity. If we recognize a defect of the purchased item, we are entitled after own choice for defect removal or for replacement.
8. Non-liability
Liability for secondary damages is excluded. Other claims of the buyer - for which legal argument - are excluded. The salesman, its auxiliary persons and possible executing aides are not responsible for damage, which did not develop at the commodity, in particular not for lost profit or other financial losses of the buyer. This exclusion also does not apply to personal injuries, to damage, those caused by deliberate or gross negligence, which are subordinate to the product Liability Act.
If the Sattlerei Meile claims to legal regulations for damage resulting from simple negligence, then the following applies: The adhesion with simple negligence exists only with delay or impossibility or injury of a substantial contract obligation and is on the predictable typical damage (contract-typical average damage limited). The limitation of liability does not apply to damage from the injury of the life, the body or the health. In all other respects the legal adhesion remains unaffected by Sattlerei Meile, in particular the adhesion for resolution, cunning concealing of a fault, rough negligence as well as a any liability independent of fault (for example after the product liability law). Also any adhesion from any assumption of a warranty remains unaffected.
The limitation of liability applies also to third parties, which are included into the protected area of the contractual relation. The legal representatives, employee and executing aide of the Sattlerei Meile do not make claims as Sattlerei Meile. Obvious faults can be made valid only within a two week period upon the receipt of the commodity. The complaint must be received on the last day of this period with Sattlerei Meile in writing, whereby the entry is sufficient in writing by E-Mail or in all other respects the legal regulations apply.
9. Data security
The data necessary for an order are stored in the context of our business relation and used only within the Sattlerei Meile. The personal data of the person placing the order are subject to our protection of confidentiality.
10. Revocation instruction
The customer has a legal right to revocation of his order. If the customer wants to make his right of revocation valid, the customer can revoke his contract sending an explanation within 2 weeks after conclusion of a contract without data of reasons in text form (e.g. letter, e-mail) or by return of the item cancelled. The revocation is to be arranged on:
Swiss Souvenir
Sattlerei Meile
Ernst Fausch
Hauptstrasse 54
8754 Netstal GL
Switzerland
Tel. +41 55 640 46 20
or
e-mail: info@swiss-souvenir.ch
The customer has a legal right to revocation of its order. In case of an effective revocation with achievements received on both sides to be refunded and if necessary interest are to be paid. If the customer of the Sattlerei Meile cannot refund the received amount totally, partially or only in poor condition, the Sattlerei Meile customer must carry out if necessary indemnification according to the purchase value. This does not apply during the purchase of items, if the degradation of the item is discovered upon examination - when you the customer for instance in the retail shop examine it – then it is to be returned. In all other respects the customer can avoid the indemnification according to value obligation, by taking the item not like an owner in use and omitting everything, which impairs the value.
Items in packages that can be shipped are to be sent back. The customer assumes the costs of the return for the delivery of goods delivery whose order value amounts in total up to 40.00 CHF if the order corresponds to the delivered product. Otherwise the return is free for the customer.
11. Copyrights
The salesman is in no case responsible for copyrights or other third party rights.
12. Area of jurisdiction and applicable right
The area of jurisdiction for disputes developing directly or indirectly in the contractual relation is Glarus, Switzerland, for both parts. We are however also entitled to sue the person placing the order at every other justified area of jurisdiction.
The laws of Switzerland apply. This applies, even if the customer is established abroad or if the shipment follows abroad. Differences of opinion and legal cases apply exclusively to Swiss. So far permissible, this applies for all requirements from the business relation.
All obligations from this contractual relation are subordinate to Swiss law. Place of fulfilment and area of jurisdiction is Glarus.
13. Final Regulations
If specific points of these conditions are ineffective, the effectiveness of the rest of the regulations remains unaffected. Possible ineffective regulations are to be substituted with effective regulations which come close to the deliberate purpose.
In the future if a change of these general trading conditions should become necessary, here you will always find the current conditions. If further questions should still exist beyond that, then please contact us via E-Mail on info@swiss-souvenir.ch. We will gladly help you.
Netstal, 22.06.2006
Swiss Souvenir
Sattlerei Meile
Ernst Fausch
Hauptstrasse 54
8754 Netstal GL
Switzerland
Tel. +41 55 640 46 20 |
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