by Sandra S.
| General Terms and Conditions of Business (GTCB) governing the website and online shop, www.bysandras.com, of By Sandra S GmbH Scope and terminology All business transactions between By Sandra S GmbH (hereinafter referred to as “Contractor”) through its website and online shop, www.bysandras.com, (hereinafter referred to as “Online Shop”) and the Client (hereinafter referred to as “Client”) shall be governed by the following General Terms and Conditions of Business (GTCB). These GTBC apply on a worldwide basis. Any other terms and conditions of business and/or conditions laid down by the Client that either differ from or clash with the GTCB, regardless of their denomination, are explicitly excluded unless the Contractor explicitly agrees to their applicability in writing. The GTCB are applicable for an indefinite period, unless amended in written after mutual agreement of the parties. Should at any point in time the GTCB be amended, the version prevailing would be the one valid at the moment the order is placed. If any provisions of this contract are or become ineffective, or should a provision be missing, this shall not affect the validity of the remaining provisions. The ineffective/missing provisions shall be replaced by a proxy effective provision which comes closest to the intention of the parties at the time of the conclusion of the agreement. This applies mutatis mutandis to filling any gaps in these GTCB. The client fully accepts during the ordering process that the order will be governed by these GTCB by clicking the Field “I have read the Terms and conditions and accept them” and by pressing the button “Send order”. The original language of these terms and conditions is German and the purpose of this translation is solely to ease the understanding of these GTCB by the English speaking Clients. In case of any dispute, the German version, which can be found as an attached PDF-Document to these GTCB will prevail. Offer The Contractor’s Online Shop only consist of an invitation for the Client to make an offer to the Contractor with the objective of concluding an order agreement regulating the products that have been presented. The Client may select products from the Contractor’s product assortment and place these products in a shopping bag by clicking the button “Order”. By clicking the button “Send order” the Client makes a binding offer to acquire the articles in the shopping bag. Before sending his order, the Client may check and modify the order data by clicking the button “Shopping Bag”. Thereafter, the Client will receive an automatic confirmation of receipt of order via e-mail that reproduces the content of the Client’s order and which can be printed out by the Client. This automatic order confirmation does not constitute acceptance of the offer but merely records the fact that the order has been received by the Contractor. Goods are only supplied in small, household quantities. Contract conclusion After completion of the ordering process and the receipt by the Client of an automatic confirmation of receipt of order via e-mail, the contract shall only be concluded: Once the Client has prepaid either via bank transfer or credit card the entire order amount incl. shipping costs If within 14 days after receipt of the order submitted by the Client, the Contractor does not decline this order and reimburses the pre-payment to the Client either by transferring the money back or by providing a credit card refund. Should the Contractor decide within the foreseen period of 14 days to decline the order, the Client is solely entitled to obtain the reimbursement of its prepayment. In particular, the Client has no claim for damages related to the decline of the order by the Contractor. Should the Client wish to amend its order compared to the automatic confirmation of receipt of order, he shall immediately inform the Contractor in written. Within two weeks, the Contractor will inform the Client whether such amendments are feasible and what would be there consequences on the Contractor’s performance of its contractual duties incl. deadlines and prices. The Contractor is bound for a period of two weeks to any offer he makes to amend the products to be delivered upon the Client’s request. Products already in fabrication, completed or delivered are not eligible for the order amendment. Right of withdrawal Without any justifications, the Client is entitled to withdraw from his order no later than 15 days after his submission of a binding offer. As all displayed products are tailor made according to Client’s orders, the Contractor reserves the right to claim from the Client compensation amounting 20% of the total order amount. Prices and payment conditions All prices indicated on the Contractor’s Online Shop are understood to be in one of the currency indicated, including current, legally applicable value-added tax, but excluding shipping costs (packaging, insurance and delivery). Shipping costs will be charged for all deliveries. All products are delivered on the basis of an invoice. Unless anything else has been agreed in written, the Client has to pay, at the time of ordering, the entire order amount incl. shipping costs to the Contractor. In case of late payment the Contractor is entitled to charge late payment fees and interests. The aforementioned provision does not constitute a waver by the Contractor of its legal claims; in particular the Contractor is entitled to have his claims enforced by a debt collection agency or a lawyer in court. The Client can choose between the following means of payment: Prepayment through bank transfer If the Client chooses “prepayment through bank transfer” as mean of payment, the money has to be wired directly after the order. Acceptance of the order and shipping will only take place once the entire order amount incl. shipping costs have been received by the Contractor. Should the Contractor not receive the entire order amount incl. shipping costs within 5 working days after the order has been received, the Contractor is entitled to cancel the order. Credit cards All credit card information (numbers, expiry dates etc) will be handled with an encrypted protocol automatically to ensure that neither the Contractor nor third party have access to this information. This credit card information will only be used again after purchase transaction in the case of eventual refunds. Please note that this is a direct withdrawal. |
| Delivery In general, the delivery period is approximately 6 to 8 weeks. The delivery period starts when the Contractor has received all the information, approvals, etc. from the Client, but not before the Contractor has received the prepayment agreed during the ordering process. The automatic confirmation of receipt of order, or a subsequent offer the Contractor makes to amend the products to be delivered upon the Client’s request are the basis with respect to quantities and specifications of the products to be delivered. If the delivery period has expired and the goods have not yet been delivered, the Client is neither entitled to cancel the contract, nor to refuse the delivery of the ordered products and / or to request compensation for damages. The Contractor is entitled to partial deliveries. The Client will not bear any additional costs in relation to any partial delivery. The Contractor will provide best endeavour to meet the agreed delivery period. Should the Contractor be unable to adhere to the delivery schedule that has been indicated due elements beyond the control of the Contractor (force majeure, import or transport issues, late or false delivery by a supplier, changes in regulation or authority decisions, Client request for amendment of the products to be delivered) the delivery period is extended accordingly. Title and risk shall pass to the Client upon shipment of the order. The pick-up by / delivery to the forwarding and logistics company shall also constitute for the above purpose a delivery by the Contractor. Shipping costs Germany EUR 9.- Switzerland and Liechtenstein EUR 19.- European Union EUR 19.- Rest of Europe and Middle East EUR 39.- Asia EUR 69.- Representations & Warranties All data, drawings, pictures, technical elements, weight and measurements, performances provided in brochures, pamphlets, newsletters, adds, electronic publications, price lists are for information only. We do not provide any representation or warranty as to the accuracy of such information. Hand bags and accessories are made of natural products. Minor deviations with respect to colour, structure or other characteristics of the product do not entitle the Client to withdraw from the contract, to claim refund or damages. No representations or warranties are provided by the Contractor in relation to defects or damages, for which the Contractor carries no direct responsibilities, this includes but is not limited to wear and tear, force majeur, improper use, intervention by the Client or a third party, extreme usage, inappropriate equipment, extreme environmental influence. In case of a legitimate claim, the Contractor will at its sole discretion choose whether, as a remedy, he will repair the defect or provide a new item. Should the Contractor’s attempt to provide a remedy through reparation of the defect or delivery of a new item fail, the Client is entitled to reduce the price or to withdraw from the contract. Further claims of the Client especially claims for damages are excluded. This does not apply to cases of intention or gross negligence from the Contractor. Notification of defects Within 10 days after receipt, the addressee has to control the delivery and notify in written any defects immediately. Should he fail to do so, the delivery is considered accepted. This does not apply in case of hidden defects. Reservation of title The products delivered remain the property of the Contractor until the sale price has been fully paid. The Contractor reserves the right to have the reservation of title entered in the official register. Intellectual property All artistic and technical documents (e.g. drawings, designs, models, size templates) remain the exclusive intellectual property of the Contractor. The use by the Client of the Online Shop of the Contractor grants no rights to him in relation to any copyrights, designs, trademarks and any other intellectual property and material rights relating to the content (in addition to the documents mentioned above, the content includes any graphics, photographs, all image rights, sounds, music, video, audio or text on this Online Shop). This also applies to any software of the Contractor and all HTML and other code contained in this Online Shop. Any reproduction or redistribution of the above listed content is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. The imitation or reproduction of the offered or purchased products through the Client or a third party is forbidden. Data processing The data required to fulfil orders received from Clients will be saved according to applicable legislation. These data may be transmitted to affiliate and third party companies involved in the order processing. All personal data will be confidentially handled. The Contractor is authorised to provide business information on the Client to credit information agencies through data transfers in order to check the creditworthiness of potential client. Place of delivery, place of jurisdiction, applicable law Place of delivery and place of jurisdiction is the domicile of the Contractor. The contract shall be governed by Swiss law. Bottmingen, June 2010 GTCB as PDF (in German) |