Terms and Conditions (T&Cs) of shop.frohsinn
www.shop.frohsinn.ch (the "Website") is run by: atelier zürich gmbh, Fröhlichstrasse 54, 8008 Zurich, Switzerland. These terms and conditions (the "T&Cs") apply exclusively to any and all legal relations with atelier zürich gmbh (as operator of the Website). The T&Cs form an integral or additional part of all orders and purchases, which are placed in writing, online or in person.
1. Scope of the T&Cs
Hereinafter every natural person or legal entity maintaining business relationships with atelier zürich gmbh is referred to as customer.
The T&Cs, including conditions of sale, delivery and payment, apply to all business relationships with atelier zürich gmbh and its customers. The customer fully accepts the T&Cs and acknowledges them to be legally binding by clicking the relevant icon in the ordering process. By doing so, the customer expressly waives the inclusion of his own terms and conditions. Under no circumstances shall any business relations the customer may have with third parties become part of the agreement with atelier zürich gmbh. The T&Cs can be retrieved from the Website at any time.
2. Information on the WebsiteAny offers on the Website shall not be understood as legally binding offers. Once the customer places an order by internet, e-mail, telephone or fax, he makes a binding offer to conclude a purchase agreement. atelier zürich gmbh reserves the right to dismiss the offer without stating any reasons. The purchase agreement shall only become legally binding once atelier zürich gmbh dispatches an order confirmation.
atelier zürich gmbh expressly reserves the right to amend, complement or delete parts of or the entire offered product range without separate notice.
Decorative items depicted in the images on the Website do not form part of the offered product range, unless they are specifically listed in the product description. Accessories and decorative items must therefore be purchased separately.
The Website contains product information. atelier zürich gmbh reserves the right to changes in product prices and product range, as well as technical changes. All information on the Website (product descriptions, images, films, measurements, weights, technical specifications, descriptions for equipment or accessories, and other information) shall be understood only as approximate values and do not represent assurance of product characteristics or legal guarantees, unless indicated otherwise. Changes in colour and/or structure are characteristics of products made from natural materials and/or hand made products and do not entitle to notices of defect. atelier zürich gmbh strives to provide correct, complete, up-to-date and clear information, but does not offer explicit or tacit guarantee thereof. atelier zürich gmbh does not offer guarantee that the listed products are available at the time of the order. Therefore, all information on availability and delivery times is subject to changes at any time without further notice.
3. PricesThe price information on the Website shall, unless otherwise indicated, be understood as net prices in Swiss Francs (CHF) and include statutory value-added tax, advanced recycling fees (if any) and copyright fees for electronic devices, unless otherwise expressly stated. Any shipping costs will be charged additionally and shall be borne by the customer. The total cost of the order will depend on the type of delivery.
Technical changes, errors and typographical errors are reserved. In particular, atelier zürich gmbh may change the prices at any time and without prior notice. The purchase prices to not include any consulting or support services.
4. Time of dispatchOrders will only be dispatched after the purchase price was received in full and in case the products are available. If it becomes clear that the ordered products cannot be delivered (in full) after the purchase agreement has been concluded, atelier zürich gmbh is entitled to withdraw from the entire agreement or parts of the agreement. Where payment has already been received by atelier zürich gmbh from the customer, the payment will be reimbursed to the customer. In order to ensure a smooth processing of the reimbursement, atelier zürich gmbh requires the customer's bank account details. Where no payment has been issued yet, the customer is exempt from payment obligations. In case of a termination of the agreement, atelier zürich gmbh is not required to perform a replacement delivery.
5. Payment options and retention of titleThe payment options listed in the ordering process are available to customers. atelier zürich gmbh reserves the right to exclude a customer from certain payment options or to insist on pre-payment without stating any reasons.
atelier zürich gmbh will charge interest on arrears of 5% p.a. as well as a reminder fee of up to CHF 20.- per reminder. atelier zürich gmbh reserves the rights to assert damages caused by delayed performance.
Ownership of products delivered to the customer remains with atelier zürich gmbh until payment has been received in full.
6. Delivery, inspection obligations, notice of defect and returnDeliveries are made by postal service or via courier to the address indicated by the customer in the order. Deliveries are made worldwide. To the extent permissible under Swiss law, benefits and risks regarding the purchased goods pass to the customer at the time of dispatch.
If the delivery is undeliverable or if the customer refuses delivery, atelier zürich gmbh is entitled to terminate the purchase agreement after giving notice by e-mail and setting an appropriate time period for remedial action.
The customer is obliged to immediately inspect the products after delivery and to notify atelier zürich gmbh in writing either by letter or e-mail to the address indicated in the Impressum of any defects which are subject to atelier zürich gmbh's warranty.
Returns to atelier zürich gmbh are made at the customer's risk and expense. The customer shall return the products in original packaging, complete, with all accessories and together with the delivery note and a detailed description of the defects to the postal address of atelier zürich gmbh indicated in the Impressum.
If the examination by atelier zürich gmbh discloses that the products do not display defects or these defects are not covered by the warranty, atelier zürich gmbh is entitled charge the customer for any extra costs incurred, the return fee and disposal costs, if any.
7. Right of revocation (right to return)The customer has the right to revoke the agreement within 10 calendar days upon receipt of the products. This deadline is considered to be met, when the customer sends the revocation to atelier zürich gmbh in writing by e-mail to firstname.lastname@example.org or by letter to Fröhlichstrasse 54, 8008 Zurich within the deadline. The revocation does not require any statement of reasons.
The exertion of the right of revocation triggers an unravelling of the agreement. The customer shall return the products within 10 calendar days upon receipt of the products in original packaging, intact, complete, with all accessories and together with the delivery notice to the postal address of atelier zürich gmbh indicated in the Impressum. Returns to atelier zürich gmbh are made at the customer's risk and expense. Any payments already made will be reimbursed to the customer within 20 calendar days either in cash or by way of bank transfer, subject to atelier zürich gmbh having received the products.
atelier zürich gmbh reserves the right to reduce the reimbursement proportionally if the product has been impaired or benefits have been drawn from the product, or to charge the customer for incurred costs in case the benefits or the impairments can be traced back to product handling which exceeds inspection of the characteristics and functions. "Inspection of the characteristics and functions" shall be understood as testing and trying out the product to the extent this is possible and permissible in the retail shop.
The right to return will not be granted in the following cases:
- If the purchase agreement applies to a movable object which is not suitable for return due to its nature;
- If the purchase agreement applies to a movable object which was produced according to the customer's specifications or was clearly tailored to personal needs.
8. Warrantiesatelier zürich gmbh strives to deliver products of impeccable quality. atelier zürich gmbh will grant warranty for defects notified in a timely manner during the statutory warranty period of usually two years as of the delivery date for absence of defects and full functionality of the purchased product.
atelier zürich gmbh will grant warranty by providing equivalent replacement (replacement delivery) or free repair (removal of defects) for defects notified in a timely manner. The original warranty period for warranty claims is not prolonged in case of a replacement delivery. It is at the discretion of atelier zürich gmbh to grant warranty by free repair (removal of defects) or providing an equivalent replacement (replacement delivery). In all other respects, the statutory warranty regulations shall apply, unless expressly agreed otherwise. Further claims are excluded. In particular, atelier zürich gmbh points out that the offered leather products are natural products and thus require delicate handling, as the products are inter alia sensitive to sun and weather conditions. atelier zürich gmbh will not grant warranty for defects caused by improper handling.
Warranty does not apply to normal wear and tear, to defects caused by improper handling, damages by the customer or third persons or to defects, which can be traced back to external circumstances. atelier zürich gmbh makes no representations or warranties that the product information on the Website is up-to-date, complete and/or correct or that the Website and the Website's features, integrated hyperlinks and further content are continuously or uninterruptedly available.
In particular, atelier zürich gmbh makes no representations or warranties that rights of third parties which are not attributable to atelier zürich gmbh are not infringed by using the Website.
9. Liability for linksReferrals and links to websites of third persons do not fall within the area of responsibility of atelier zürich gmbh. No liability is accepted for such websites of third persons. Access and use of such websites take place at the Website user's own risk. No liability is accepted for illegal, incorrect or incomplete information on such websites or for any resulting damages therefrom.
10. Liabilityatelier zürich gmbh excludes any liability, irrespective of the legal ground, as well as damage claims against atelier zürich gmbh and any auxiliary persons and agents. atelier zürich gmbh does not assume liability for indirect damages, consequential damages, lost profits or other personal damages, property damages or purely financial damages of the customer, with the exception of mandatory statutory liability, for example for gross negligence or unlawful intent.
atelier zürich gmbh only uses hyperlinks for the customer's simplified access to further promotional offers. atelier zürich gmbh does not know the content of these promotional offers in detail and does not assume liability or further responsibility for the content of such offers / websites.
11. Intellectual propertyatelier zürich gmbh retains all copy rights and further rights to the Website as well as the contents, information, images, videos and data bases ("protected property") published therein. Any amendments, reproductions, publications, disclosures to third parties and/or utilization of the protected property is prohibited without prior written consent of atelier zürich gmbh.
12. No commercial useAny commercial utilization of the offered products, in particular the reselling to third parties is prohibited. A person which engages in such commercial utilization is excluded from the product offers on the Website and will be held liable for any damages incurred to atelier zürich gmbh.
13. Data protectionThe data protection declaration of atelier zürich gmbh [privacy] informs about the type, scope and purpose of the collection, processing and use of personal data which is required for the completion of orders in detail. The data protection declaration is an integral part of these T&Cs. By accepting these T&Cs, the customer also accepts the data protection declaration.
14. Amendments to the T&Csatelier zürich gmbh expressly reserves the right to amend these T&Cs at any time and to implement them without prior notice. The applicable T&Cs are available on the Website.
15. Further provisionsSeverability clause: Should individual terms of these T&CS be or become unenforceable or void, the legal effectiveness of the remaining terms is not affected thereby. In case a provision of these T&Cs is unenforceable or becomes void, it shall be replaced with an effective provision which comes closest to the intended commercial purpose of the void or unenforceable provision.
The contractual relationship between the customer and atelier zürich gmbh (including these T&Cs) is exclusively subject to Swiss substantive law, to the exclusion of conflict of law provisions. UN sales law (CISG, Vienna Convention) is expressly excluded.
For all disputes arising from or in connection with these T&Cs and the legal relationships thereunder, including validity, infringement or dissolution of the contractual relationship between the customer and atelier zürich gmbh, the ordinary courts of Zurich shall have exclusive jurisdiction, unless otherwise set forth by mandatory law. atelier zürich gmbh is entitled to assert its rights before all other competent authorities.
16. ContactShould you have any questions regarding these T&Cs please get in touch with: [email@example.com]
Version of 02.11.2017