§ 1 Scope and contractual partners
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 referred to as the "Seller"). During the ordering process, you acknowledge the GTC in the version valid at the time the order is placed. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also met if a declaration is contained in an email. The operator of the online shop www.seidenland.ch / shop.seidenland.ch (hereinafter referred to as the "Online Shop") and your contractual partner is Seidenland Schweiz GmbH, Unterdorfstrasse 20, 6247 Schötz (LU).
Our range of goods in our online shop is aimed exclusively at non-commercial customers with their habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as "customers").
§ 2 Conclusion of contract
Our product presentation in the online shop does not constitute a binding offer to sell. The offer to conclude a purchase contract originates from you as the customer when you click the "Submit order" button after fully completing the order page. The contract is binding when we accept your order in accordance with Section 2. After submitting your order, you will receive an automated email confirming receipt of your order; however, this does not constitute acceptance of the contract (order confirmation). We declare acceptance of the contract by invoicing you, confirming by email (order confirmation), confirming that the goods have left our warehouse (shipping confirmation), or at the latest by delivering the goods. The contract is only concluded for those items expressly listed in our invoice, order confirmation, or shipping confirmation. This also conclusively determines the scope of services. Your right of return (see Section 6) remains unaffected by the above provisions in any case. For security reasons, each order is limited to a maximum order value (excluding additional costs) of CHF 5,000. The contract is concluded in German. The data we store serves as proof of the conclusion of the contract and the transaction.
§ 3 Prices and additional costs
The prices listed in our online shop include VAT and all other price components. They are quoted in Swiss francs (CHF). Shipping costs listed during the ordering process are added. Additional charges may apply for special customer requests (e.g., express delivery). Certain payment methods (PayPal, bank transfer) may incur additional fees.
§ 4 Payment and retention of title
Payment of the purchase price can be made either in advance by credit card (VISA or Mastercard) via PayPal, or by invoice within 10 days net in CHF. If the amount to be paid cannot be definitively credited to us due to insufficient credit card or account funds, or if the amount is charged back for other reasons, we are entitled to charge you a lump sum of CHF 100.00 for chargeback costs. The lump sums in Section 4, Paragraph 2 only apply if higher damages have not occurred in the individual case. Further statutory rights remain unaffected. You are only entitled to rights of set-off or retention to the extent that your claim has been legally established or is undisputed. This does not affect your counterclaims in the event of defects in the delivery. We retain title to the delivered goods in any case until full payment of the respective invoice amount for a delivery (final and unconditional credit of the total purchase price including any additional costs). Our obligation to deliver only arises upon full payment. If full payment is not received 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 assign them as security before ownership has been transferred. You may only resell the reserved goods within the scope of the ordinary course of business. In the event of resale, you hereby assign to us all resulting claims against your customer in full as security for our claim. You will notify us immediately 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 at 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 late payment, the invoice must be paid in Swiss francs; the "WIR" payment option is no longer available.
§ 6 Delivery and transfer of risk
We only ship to addresses in Switzerland and the Principality of Liechtenstein. By placing your order, you confirm that you reside at the billing address you have provided. If the delivery is to an address other than your official residence, the delivery address must be entered in addition to the billing address. Any inquiries into the customer's true residential address with the residents' registration office will be charged a flat fee of CHF 50 per inquiry. Shipping costs are regulated in Section 3. The goods are shipped via a third-party provider. If not all ordered products are in stock, we reserve the right to make partial deliveries. Our service is a delivery obligation and is fulfilled upon handover to the carrier.
§ 7 Right of return
You have the right to return standard products within 10 calendar days (from the invoice date).
If you refuse to accept the ordered goods, if the delivery address communicated with the order is incorrect, or if you do not collect the ordered goods from the responsible post office on time, the right of return is void.
Custom-made and/or made-to-measure items are excluded from the right of return.
Please return the goods, including a description of the reason for return and sufficient postage, to the following address:
seidenland.ch
c/o Seidenland Switzerland GmbH
Unterdorfstrasse 20
6247 Schötz
We undertake to accept returns provided the goods are in their original condition and packaging. It goes without saying that we can only accept returns if you return the items complete, unwashed, unused, and undamaged. Please also note that we cannot accept returns of goods that are no longer in their original packaging or are returned heavily crumpled/creased, as they are then unsaleable.
You, as the customer, are responsible for the return shipping costs, provided the delivered goods correspond to the goods ordered. The risk of returning the goods is yours. We recommend sending the goods by registered mail.
For returns without or insufficient postage, we will offset the actual postage costs against your credit balance. For shipments that could not be delivered to the customer (e.g., not picked up, refused acceptance, recipient not found), we charge a flat fee of CHF 30.
If the goods are returned properly, we will, after inspecting the goods, refund the total price paid to your card, WIR, or PayPal account according to your chosen payment method. If you paid in advance, the refund will be made to the account you specified.
§ 8 Obligation to inspect and give notice of defects, liability for defects
You are obligated to inspect the delivered products as soon as reasonably practicable in the normal course of business and to notify us immediately of any defects discovered. If you fail to do so, the products shall be deemed approved. Approval shall be deemed granted in any case unless the customer submits a written complaint within 10 days of delivery. Defects that were not detectable during proper inspection in accordance with the above paragraph must be reported to the seller in writing immediately after discovery; otherwise, the ordered products shall be deemed approved, including with regard to these defects. We provide a warranty by remedying defects. This shall be done, at our discretion, either through subsequent performance, namely the elimination of a defect (repair) or 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 to minor defects. The customer's right to a reduction in price is excluded. This exclusion of liability also extends to all claims that compete with warranty rights, whether based on contract (Art. 97 et seq. of the Swiss Code of Obligations), tort (Art. 41 et seq. of the Swiss Code of Obligations), avoidance of the contract due to error (Art. 23 et seq. of the Swiss Code of Obligations), etc. Customer claims due to a defect in the delivered item expire within two years of delivery of the item. We do not provide the customer with any guarantees in the legal sense. Manufacturer warranties remain unaffected. Advertising, public statements, and praise by the manufacturer do not constitute a contractual description of the quality of the goods. We, as the seller, assume no liability for descriptions provided by third parties, in particular customers in the context of customer reviews published in the online shop or on our social media presences.
§ 9 Liability
All cases of breach of contract and their legal consequences, as well as all customer claims, regardless of the legal basis, are conclusively regulated in these Terms and Conditions. Under no circumstances shall the customer be entitled to compensation for damages not caused to the product itself. Any liability claim exceeding the value of the order is excluded.
The exclusion of liability pursuant to paragraph 1 above does not apply to unlawful intent (willful intent) 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 pursuant to paragraph 1 above does not apply to unlawful intent (willful intent) 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 comply with the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing, and using personal data. Unless otherwise requested by the customer, the customer data collected during order processing will only be used to ensure business transactions and to send our newsletter. The customer consents to this use of their data. The customer can object to the use of their data for advertising purposes at any time.
§ 11 Severability clause, right to change
Should individual provisions of these General Terms and Conditions be invalid or incomplete, or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible and valid provision that, in terms of its content, comes closest to the original intention and the economic purpose pursued thereby. All changes or additions to these General Terms and Conditions must be made in a form that allows for proof by text, such as fax and email. This also applies to a change to the written form requirement. The seller may change these General Terms and Conditions at any time. The changes will be communicated to the customer via email or other suitable means online. As soon as the customer uses the seller's services after the change, they implicitly agree to the new General Terms and Conditions. The currently binding version of the General Terms and Conditions can be viewed and printed at https://www.seidenland.ch. Any differing contractual terms and conditions of the customer, including those that the customer declares to be applicable upon 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 applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. The place of jurisdiction is Willisau (LU).