General Terms and Conditions of Ici Maintenant GmbH
1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) apply to all purchases completed by customers (hereinafter referred to as the “Customer” or “Customers”) through the www.icimaintenant.ch online shop (hereinafter referred to as the “Online Shop”). The Online Shop is operated by ICI MAINTENANT GmbH (CHE-492.171.290), Untere Böhlstrasse 6, 9052 Niederteufen, Switzerland (hereinafter referred to as “Ici Maintenant”).
1.2 All shipments, services and offers from Ici Maintenant are made exclusively on the basis of these Terms and Conditions even if the Customer expressly intends something else or requests that the general terms and conditions of the Customer apply.
1.3 By ordering goods from the Online Shop, the Customer expressly accepts these Terms and Conditions of Ici Maintenant.
1.4 An agreement will only be legally binding if the Customer is at least 18 years of age. If a Customer is not yet 18 years of age, approval from his/her statutory representative is required to conclude a binding purchase agreement.
2.1 Ici Maintenant describes the items (hereinafter referred to as the “Item” or “Items”) offered for sale in the Online Shop with great care and precision. Images and descriptions of Items in the Online Shop are for illustration purposes only and are not binding.
2.2 Ici Maintenant endeavours to reproduce Items displayed in the Online Shop through images that are true to the original Item, particularly in respect of the colours. However, Ici Maintenant cannot guarantee that the computer of the Customer will display an Item showing the true colour of the Item.
3 Conclusion of contract
3.1 The display of Items in the Online Shop does not constitute a binding offer to sell. By clicking the “SEND ORDER” button, the Customer places a binding offer to purchase in order to conclude the purchase agreement.
3.2 Following receipt of the offer to purchase, Ici Maintenant checks the availability of the Item ordered. The purchase agreement only becomes effective once the Customer is sent a confirmation of purchase by e-mail, but at the latest on delivery of the Item ordered. At the same time the confirmation of purchase is sent, the purchase price will be debited to the credit card of the Customer (see clause 5.1).
4 Prices and shipping charges
4.1 The prices shown in the shopping cart are gross prices (hereinafter referred to as the “Gross Price”). The Swiss value added tax is included in the Gross Price.
4.2 In addition to the Gross Price pursuant to clause 4.1, the Customer will also be charged by Ici Maintenant for shipping and packaging costs. These costs are shown separately with the “Shipping costs” header, and the Customer is thus notified of the costs prior to the Customer issuing a binding offer to purchase pursuant to clause 3.1.
4.3 For shipments to member states of the European Union (hereinafter referred to as the “EU”) and the European Free Trade Association (hereinafter referred to as the “EFTA”), the Customer will be charged directly by the postal delivery service or the shipper for any taxes and duties (particularly customs duties and value added tax) of the country of destination, with no involvement on the part of Ici Maintenant. These additional costs charged directly to the Customer are not shown by Ici Maintenant, and the Customer is also not notified of these costs prior to the Customer sending a binding offer to purchase pursuant to clause 3.1.
4.4 For shipments to states that are not EU or EFTA members, the Customer is responsible for ensuring compliance with import regulations (particularly customs duties and value added tax). Ici Maintenant accepts no liability whatsoever for compliance with any such import regulations.
4.5 All prices are in Swiss francs (CHF). Payment of the purchase price by Customers with place of residence or registered office in Switzerland must be made in Swiss francs (CHF) exclusively. At their option, Customers with place of residence or registered office outside Switzerland may also pay the purchase price in EURO currency.
5.1 Payment must be made by credit card (Mastercard or Visa). The credit card will be debited immediately once the Customer clicks the “SEND ORDER” button.
5.2 Payments by credit card may be subject to validation checks by the credit card issuer. In addition, some credit card issuers charge an administration and processing fee. Ici Maintenant is not responsible for either any validation check or for any administration and processing fees.
6 Delivery and shipping terms
6.1 Unless different delivery times are specified in the Online Shop, Ici Maintenant shall ship the Item within two business days (Monday to Friday, excluding statutory holidays at the place of registered office of Ici Maintenant) or deliver it to the shipper.
6.2 Once the Item has been delivered to the postal delivery service or the shipper, Ici Maintenant accepts no liability in respect of the date of delivery of the Item to the Customer by the postal delivery service or the shipper. Any claims by Customers against Ici Maintenant for delayed delivery of Items are expressly excluded.
7 Transfer of benefit and risk
7.1 The benefit and risk in relation to the Items ordered, as well as their ownership, will be transferred to the Customer or a third party specified by the Customer on delivery (delivery by the postal service or the shipper) (hereinafter referred to as the “Delivery”). This will also apply in the case of partial deliveries.
7.2 Irrespective of the rights of the Customer pursuant to clause 9, any Items delivered must be accepted by the Customer or a third party specified by the Customer, even if the Items have minor defects.
8 Right of return
8.1 Ici Maintenant grants a voluntary right of return during a total of 14 days for all Items purchased in the Online Shop. The Customer may return the Item to Ici Maintenant within 14 days of Delivery (deadline begins on the day following the date of Delivery of the Item). Punctual dispatch (delivery of the Item to the postal delivery service of the shipper on the last day of the deadline) will be sufficient for observance of the deadline.
8.2 However, the right of return pursuant to clause 8.1 is only possible if the Items were simply tried on, like in a fitting room in a retail shop, the Items are complete and undamaged and returned in their original packaging with intact, sealed tags. Any returned Items that are worn, incomplete, damaged, not in their original packaging or no longer have an intact, sealed tag will not be taken back by Ici Maintenant.
8.3 The Customer is required to notify Ici Maintenant in advance at the e-mail address email@example.com that an Item will be returned. Ici Maintenant will then provide the Customer with additional information about returning the Item (customs regulations, etc.) by e-mail. Regardless of notification of the return by e-mail and regardless of the information from Ici Maintenant, only the date of dispatch of the Item by the Customer (see clause 8.1) will be relevant in respect of observance of the deadline for return of the Item.
8.4 Returned Items must be sent to the following address:
ICI MAINTENANT GmbH, Oberer Graben 26, CH-9000 St. Gallen
8.5 For Customers whose place of residence or registered office is in Switzerland or a member state of the EU or EFTA, returns are free of charge, i.e. already included in the original shipping charges (see clause 4.2). However, this applies only for one return per delivery (one package). If several Items from the same delivery are returned individually or in groups, only the first return is free of charge. The costs for all other returns will be payable by the Customer.
For Customers whose place of residence or registered office is not in Switzerland or a member state of the EU or EFTA, the return of Items ordered will be payable by the Customer in any event, and the return must be via the postal delivery service of their country or a shipper.
8.6 Any refund will be limited to the Gross Price (clause 4.1) paid by the Customer. Shipping and packaging costs pursuant to clause 4.2 will, however, not be reimbursed under any circumstances.
For Customers who do not have their place of residence or registered office in Switzerland and who paid for the Items in their respective national currency, refund of the Gross Price (see clause 4.1) will be made in Swiss francs (CHF). Any foreign exchange gains or losses will be to the credit respectively the expense of the Customer. The same will apply to any transaction costs charged by banks.
8.7 Refunds will be made exclusively to the credit card account which was debited for payment of the purchase price (see clause 5.1). Refunds will only be made once the returned Item has been received by Ici Maintenant.
9.1 Ici Maintenant is liable to the Customer for the Items being free of any physical or legal defects that diminish or substantially lower their value or the suitability for their intended use.
9.2 The warranty period is two years from the date of Delivery of the Item. The Customer is required to carefully inspect the Items immediately following Delivery and to promptly make a complaint about any defects. The Customer undertakes to return the rejected Item to Ici Maintenant for inspection upon first request. If, on inspection of the Item, Ici Maintenant finds a defect which falls under the warranty, it will reimburse the Customer for the return shipment costs if any were incurred. However, if the rejected Item does not have any defect which falls under the warranty of Ici Maintenant, the Customer is required to pay the return shipment costs.
9.3 Ici Maintenant is entitled to honour the warranty, at its discretion, by repairing the Item free of charge, replacing it in part or in full by an Item of equivalent value, in which case the original warranty period will continue, reducing the price of the Item or cancelling the sale.
9.4 The Customer is not entitled to assign any warranty claim against Ici Maintenant in full or in part to any third party or parties.
Any liability on the part of Ici Maintenant will be limited to damage based on intentional misconduct or gross negligence. Ici Maintenant will not be liable for any damage to Items and users caused by a patently incorrect use of the Item by the user. Ici Maintenant will furthermore not be liable for any indirect damages, in particular, Ici Maintenant will not be liable for any loss of profits.
11 Availability and misuse
11.1 Ici Maintenant accepts no liability for the continuous and uninterrupted availability of Items or for any technical defects in the Online Shop.
11.2 Customers select their own user name and personal password for their customer account in the Online Shop. The Customer undertakes to hold both confidential. Ici Maintenant accepts no liability for any improper use of a customer account or any damage or loss incurred as a result.
12 Data protection
12.1 Ici Maintenant undertakes to comply with Swiss data protection legislation.
12.2 The Customer consents to processing by Ici Maintenant of the personal data of the Customer that is required by Ici Maintenant to process orders, repairs, warranty cases and other services as well as to foster the relationship with the Customer. Customer data and all purchase and order information will be held in confidence. Ici Maintenant does not pass on Customer data to third parties for marketing purposes.
13 Copyright and reporting infringements
13.1 The entire Internet presence of Ici Maintenant under www.icimaintenant.ch, including all sub-pages and content of any kind, is protected by copyright. Content must not be used for commercial purposes or in any other way without prior written consent from Ici Maintenant.
13.2 The website www.icimaintenant.ch contains links to third-party websites over whose content Ici Maintenant has no influence. Any links to third-party websites with illegal content will be immediately deleted by Ici Maintenant; notice of any such websites may be reported to firstname.lastname@example.org.
14 Amendments to the Terms and Conditions
Ici Maintenant reserves the right to amend these Terms and Conditions at any time. The version of the Terms and Conditions currently in effect is available at any time at www.icimaintenant.ch. All orders will be subject to the version of the Terms and Conditions in effect at the time of the order.
In the event that any provision of these Terms and Conditions should be invalid or void, this will not affect the remaining provisions of these Terms and Conditions. In addition, the invalid or void provision should be replaced by a valid provision that comes closest to the economic purpose intended by the invalid or void provision. The foregoing procedure will also apply in respect of any omissions in the Terms and Conditions.
16 Jurisdiction and applicable law
16.1 All legal relations between Ici Maintenant and the Customer are governed by and construed exclusively in accordance with Swiss substantive law. Except as otherwise prescribed by mandatory provisions of law, the applicability of the provisions of the Swiss Federal Act on International Private Law (IPLA), the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention) and international treaties will be excluded entirely.
16.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with agreements that fall within the scope of these Terms and Conditions is Teufen (AR), Switzerland.