§ 1 Scope of Application and Contracting Parties
These General Terms and Conditions (GTC) apply to all contracts concluded between you as the customer and us as the operator of the online shop www.seidenland.ch and www.shop.seidenland.ch (hereinafter "Seller"). By placing an order, you accept the GTC in the version valid at the time the order is submitted. All verbal and telephonic agreements must be confirmed in writing to be binding. The requirement of written form is also met if a declaration is contained in an e-mail. The operator of the online shop www.seidenland.ch / shop.seidenland.ch (hereinafter "online shop") and your contractual partner is Seidenland Schweiz GmbH, Unterdorfstrasse 20, 6247 Schötz (LU).
Our product range in the online shop is exclusively aimed at non-commercial customers with ordinary residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter "Customers").
§ 2 Conclusion of Contract
Our presentation of goods in the online shop is not a binding offer to sell. The offer to conclude a purchase contract originates from you as the customer when you click the "Send Order" button after completely filling out the order page. The contract is bindingly concluded when we accept your order in accordance with section 2. After sending the order, you will receive an automated e-mail confirming receipt of the order by us, which does not yet constitute acceptance of the contract (order confirmation). We declare acceptance of the contract by issuing an invoice, confirming by e-mail (order confirmation) that the goods are leaving our warehouse (shipping confirmation), or at the latest by delivering the goods. The contract is only concluded for those items explicitly listed in our invoice, order confirmation, or shipping confirmation. The scope of services is thus conclusively defined. Your right of return (see § 6) remains unaffected by the foregoing provisions in any case. For security reasons, each order process is limited to a maximum order value (excluding ancillary costs) of CHF 5,000. The contract is concluded in German. The data stored by us serves as proof of the conclusion of the contract and the transaction.
§ 3 Prices and Ancillary Costs
The prices stated in our online shop include the statutory value-added tax and all other price components. They are given in Swiss Francs (CHF). In addition, the shipping costs listed in the order process apply. Special customer requests (e.g., express shipping) may incur additional costs. Certain payment methods (PayPal, bank transfer) may incur additional costs.
§ 4 Payment and Retention of Title
Payment of the purchase price can be made either by prepayment via credit card (VISA or Mastercard) through PayPal, or by invoice within 10 days net in CHF. If the amount to be paid by you cannot be definitively credited to us due to insufficient credit card or account coverage or is debited back for other reasons, we are entitled to charge you a lump sum for damages of CHF 100.00 for chargeback costs. The lump sums for damages in § 4 para. 2 apply only if a higher damage has not occurred in the individual case. Further legal rights remain unaffected. You are only entitled to set-off or retention rights insofar as your claim has been legally established or is undisputed. This does not affect your counter-rights in the event of defects in the delivery. Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price including any ancillary costs), we reserve title to the delivered goods in any case. We are only obliged to deliver after full payment has been made. If full payment is not made within a maximum of 30 days after order confirmation, we reserve the right to withdraw from the contract. As a customer, you are not entitled to pledge the reserved goods or transfer them as security before ownership has passed. You may only resell the reserved goods in the ordinary course of business. In the event of resale, you hereby assign to us all resulting claims against your buyer in full as security for our claim. You will immediately notify us of any third-party access to the reserved goods or the claims assigned to us and inform third parties of our rights.
§ 5 Reminders and Consequences of Default
For deliveries against invoice, the payment period is 10 days net. Any reminders will be charged CHF 10 for the first reminder and CHF 25 for each subsequent reminder.
If the "WIR" payment option is granted, the payment period is 10 days net. After 30 days of payment default, the invoice must be paid in Swiss francs, and the "WIR" payment option is forfeited.
§ 6 Delivery and Transfer of Risk
We deliver exclusively to delivery addresses in Switzerland and the Principality of Liechtenstein. With your order, you confirm that you reside at the billing address you have provided. If delivery is to an address other than the official place of residence, this delivery address must be entered in addition to the billing address. We charge a flat fee of CHF 50 for expenses per research request for any investigations into the customer's true residential address with the residents' registration office. Shipping costs are regulated in § 3. The goods are dispatched by a third-party provider. If not all ordered products are in stock, we are entitled to make partial deliveries. Our service is a "Schickschuld" (obligation to send) and is fulfilled upon handover to the transport person.
§ 7 Right of Return
You have the right to return standard products within 10 calendar days (from the invoice date).
If you refuse acceptance of the ordered goods, if the delivery address communicated at the time of ordering is incorrect, or if you do not collect the ordered goods from the responsible post office in due time, the right of return is forfeited.
Custom-made products and/or made-to-measure items, as well as underwear, are excluded from the right of return.
Please return the goods, including a description of the reason for return and sufficiently stamped, to the following address:
seidenland.ch
c/o Seidenland Schweiz GmbH
Unterdorfstrassse 20
6247 Schötz
Provided the goods are in their original condition and original packaging, we undertake to take back the goods. It is also self-evident that we can only accept returns if you return the items complete, unwashed, unused, and undamaged. Please also note that we cannot take back goods that are no longer in their original packaging or are returned heavily crumpled/creased, as they are then unsellable.
You, as the customer, must bear the costs of the return, provided the delivered goods correspond to the ordered goods. The risk and danger of return lie with you; we recommend returning by registered mail.
For returns that are not or insufficiently stamped, we will charge the actual postage costs incurred against your credit. For shipments that could not be delivered to the customer (e.g., not collected, acceptance refused, recipient not found), we charge a flat fee of CHF 30 for expenses.
Upon proper return of the goods, we will refund the total paid price to your card, WIR, or PayPal account according to the chosen payment method, after inspection of the goods. If you paid by prepayment, the refund will be made to the account you specified.
§ 8 Obligation to inspect and give notice of defects, liability for defects
You are obliged to examine the delivered products as soon as it is feasible in the ordinary course of business and to immediately notify us of any defects found. If you fail to do so, the products shall be deemed approved. Approval shall in any case be deemed to have occurred if the customer has not raised a written notice of defect within 10 days of delivery. Defects that were not recognizable during a proper examination in accordance with the preceding paragraph must be reported to the seller immediately after discovery in writing, otherwise the ordered products shall also be deemed approved with regard to these defects. We provide a warranty by rectifying defects. This is done at our discretion either by subsequent performance, namely the removal of a defect (repair) or the delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller. If subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A customer's right to reduction is excluded. This exclusion of liability also extends to all claims that compete with warranty rights, whether arising from contract (Art. 97 et seq. OR), tort (Art. 41 et seq. OR), avoidance of the contract due to error (Art. 23 et seq. OR), etc. Customer claims due to a defect in the delivered item become time-barred within two years from the delivery of the item. The customer does not receive any guarantees from us in the legal sense. Manufacturer's guarantees remain unaffected by this. Advertising, public statements, and promotional statements by the manufacturer do not constitute a contractual description of the quality of the goods. We, as the seller, assume no liability for descriptions by third parties, especially customers, within the scope of customer reviews published in the online shop or on our social media presences.
§ 9 Liability
All cases of breaches of contract and their legal consequences, as well as all customer claims, regardless of the legal grounds on which they are based, are conclusively regulated in these GTC. In no case shall the customer be entitled to compensation for damages not incurred on the product itself. Any liability claim exceeding the value of the order is excluded.
The exclusion of liability according to the preceding para. 1 does not apply to unlawful intent (Vorsatz) or gross negligence. The ordered products may only be used for the agreed purpose. For other uses, prior written consent must be obtained.
The exclusion of liability according to the preceding para. 1 does not apply to unlawful intent (Vorsatz) or gross negligence. The ordered products may only be used for the agreed purpose. For other uses, prior written consent must be obtained.
§ 10 Data Protection
Seidenland Schweiz GmbH assures that it will observe the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing, and using personal data. Unless otherwise desired by the customer, the customer data collected during order processing will only be used to ensure business processing and to send our newsletter. The customer agrees to this use of their data. The customer can object to the use of the data for advertising purposes at any time.
§ 11 Severability Clause, Right to Amend
Should individual provisions of these GTC be invalid or incomplete, or should their fulfillment become impossible, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a permissible effective regulation that comes closest in its content to the original intention and the economic purpose pursued thereby. All changes or additions to these GTC require a form that allows verification by text, such as fax and email. This also applies to a change in the written form requirement. The Seller may change these GTC at any time. The changes will be communicated to the customer by email or in another suitable online manner. As soon as the customer uses the Seller's services after the change, they implicitly agree to the new GTC. The currently binding version of the GTC can be viewed and printed at https://www.seidenland.ch. Any conflicting contractual terms of the customer, in particular those which the customer declares applicable together with the acceptance of the contract, shall not become part of the contract. They are only valid if and to the extent that they have been expressly accepted by the Seller in writing.
§ 12 Choice of Law and Place of Jurisdiction
Swiss law shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980. The place of jurisdiction is Willisau (LU).