Status January 2021
1 Scope of application
These general terms and conditions apply to all orders placed by customers residing in Switzerland or the Principality of Liechtenstein via the online store kindervorhang.ch, by STOTZ DECOR AG, Stationsstrasse 11, 8906 Bonstetten, info@kindervorhang.ch, www.kindervorhang.ch UIDCHE-107.410.167(hereinafter referred to as the seller).
2 Offer and conclusion of contract
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to the customer to place a binding order (offer to conclude a contract).
2.2 By clicking on the "Order" button, the customer places a binding order for the products listed on the order page.
2.3 Immediately after receipt of the order, the seller confirms receipt of the order by e-mail. A contract is not yet concluded by the confirmation of receipt. The purchase contract is only concluded when the seller confirms the dispatch of the goods by e-mail (order or dispatch confirmation) or at the latest by delivery of the goods.
2.4 The online store is free to refuse orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.
3 Right of return
3.1 Customers have the right to return the goods within 14 days of delivery. The right of return is exercised by returning the goods; no justification is required. The right of return is excluded for the following products Tailor-made curtains (made-to-measure) and sale items.
3.2 The product must be returned in its original packaging, undamaged, clean and complete, including any accessories. The product must always be returned with the proof of purchase and, if a return slip was enclosed with the delivery, with the completed return slip.
3.3 Exercising the right of return results in the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract must be refunded. The costs for the return shipment shall be borne by the consumer.
3.4 After receipt of the goods, any purchase price already paid will be refunded to the customer immediately.
3.5 The right is reserved to deduct the purchase price to be refunded or to invoice for possible damage, excessive wear and tear of the goods or, if agreed, the costs of sending the goods. No deduction shall be made if theloss in value is due to handling of the goods necessary to determine their type, condition andfunctionality. The seller may refuse to make a refund until it has received the goods back or until the customer has provided proof that he has sent the goods back, whichever is the earlier.
3.6 Tolerances
With all our articles, whether ready-made curtains, custom-made curtains or panel curtains, people play an important role in the production process to ensure that you receive aquality product. Despite the most modern machines, the smallest deviations of less than two percent of the ordered widths and heights are therefore possible. This cannot be completely ruled out, even with curtains that are made at the same time and are the same type.
3.7 Notice of defects
If products are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the service provider (e.g. DPD, Swiss Post) and refuse acceptance, without prejudice to their warranty rights. The customer is obliged to obtain a confirmation of damage from the service provider. All transport damage must be reported to the seller immediately.
4 Prices and shipping costs
4.1 The prices stated on the product page include statutory VAT and other price components and are quoted in Swiss francs (CHF). Sale items are not eligible for discount.
4.2 The shipping costs are CHF 15 per order. If you collect the order yourself in Bonstetten, the shipping costs will be waived.
4.3 For deliveries abroad (Europe), the customer is responsible for the taxes and customs duties incurred as well as the DPD parcel fees
5 Delivery conditions
5.1 Delivery for orders from Switzerland is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
5.2 Unless otherwise stated in the offer, the standard delivery time is 25 working days, for made-to-measure curtains 1-3 weeks.
5.3 If not all ordered products are in stock, the Seller is entitled to make partial deliveries. The customer shall not incur any additional costs as a result of partial deliveries.
5.4 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded.
6 Terms of payment
6.1 Payment shall be made by credit card (Post Card, VISA, Master Card), Heidipay, TWINT,PayPal, or against invoice
6.2 If payment is made by credit card, the customer's account will be debited [when the goods are dispatched] unless otherwise agreed. A reservation of the order value is made at the time of ordering
6.3 Sales against invoice are not possible for deliveries abroad
6.4 Offsetting against counterclaims of the customer that are not recognized or have not been legally established is excluded.
6.5 The customer may only exercise a right of retention if the claims are based on the same contractual relationship.
7.Payment obligation, billing method and terms of payment
7.1 You undertake to pay all claims resulting from POWERPAY invoice purchases from integrated merchants (purchase amount), plus any interest and fees, in accordance with the billing method set out below. If you purchase the goods or services in the store, the invoice will be sent to you. In the case of shipping, you can choose whether you wish to receive the invoice as an enclosure or to the e-mail address you provided during the ordering process (electronically) or by post. If you choose to receive the invoice by email and the email address you have provided is incorrect, incomplete or invalid, MF may send the invoice by post to the address you have provided. If the invoice is sent by post, you will be charged according to the fee table. If you have already made purchases by POWERPAY invoice, all purchase amounts will be summarized on one invoice. This gives you a complete overview of the outstanding balance. The POWERPAY invoice has no novating effect. a. For amounts up to CHF 499.99
You have two options for settling the POWERPAY invoice:
You have two options for paying the POWERPAY invoice:
If you choose to pay the outstanding amount or the minimum amount at the post office counter, the corresponding postal charges of the recipient will be passed on to you in the subsequent invoice. If the invoice amount or the minimum amount, including any fees and interest payable, is not paid in full by the due date, you will be in default. In this case, you will be charged default interest and reminder fees on the entire outstanding amount from the date of purchase in accordance with the fee table. The outstanding invoice amounts not paid by you can also be transferred and/or assigned to a collection service provider in Switzerland or abroad. You will be charged a fee for the transfer to the collection service provider in accordance with the table of fees. In the event of payment arrears, MF may also demand immediate payment of the entire outstanding amount at any time and refuse you further payment by POWERPAY invoice.
(Partial) payments will be taken into account in the further calculation of interest from the time they are posted and will initially be credited against outstanding fee and interest claims.
You will be charged a flat rate per invoice in accordance with the fee table for the preparation of a copy of the invoice requested by you.
The invoice is deemed to have been accepted if it is not objected to in writing within 10 days of receipt.
7.2 Fee table
|
Specification |
Fee/costs* |
Specification |
Fee/costs* |
|
Administration fee per invoice (email dispatch or enclosure dispatch of goods) |
free of charge |
1st reminder |
CHF 18. |
|
Administration fee per invoice (sent by post) |
CHF 2.90 |
2nd reminder |
CHF 28. |
|
Annual interest (partial payments) |
14.9 % |
3rd reminder |
CHF 38. |
|
Default interest |
14.9 % |
Collection transfer |
CHF 50.- |
|
PostFinance deposit fee (fee charged by Swiss Post for the cash deposit you choose at the post office counter) |
According to the current postal rate** |
Address or payment enquiries |
CHF 16 + third-party costs incurred |
|
Copy of invoice (if requested by you) |
CHF 10.- |
In the case of overpaid invoices, a flat rate of CHF 20 per transaction may be charged for remittances and an additional CHF 8 per month for administrative costs. Subject to change without notice.
* The fees and costs indicated are maximum amounts. MF reserves the right to deviate from them.
**The currently valid price list for payment slips applies (https://www.mfgroup.ch/price-pf/)
8 Retention of title
The goods shall remain the property of the seller until full payment has been made. Prior totransfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of the seller.
9 Warranty
9.1The Seller shall provide a warranty by rectifying defects. This is done at its discretion by subsequent performance, i.e. rectification of a defect (repair) or delivery of a defect-free item (replacement delivery).
9.2If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. The customer's right to a reduction in price is excluded.
10 Liability
The seller excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes.
11. data protection
The vendor undertakes to comply with data protection regulations when processing customer data. Further information on thehandling of customer data can be found in the separate data protection declaration of theseller. This can be viewed at any time on the Seller's website and via the followinglink:Data protection
12. final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
