General Terms and Conditions
Please note: Only the German original of these general Terms and Conditions of Zbinden Kollektion is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
§1 Scope of application
The present terms and conditions (hereinafter "GTC") apply to all legal transactions made through the online shop www.zbindenkollektion.ch (hereinafter referred to as “online shop”).
Zbinden Kollektion reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18.
Large orders exceeding a standard amount may be refused without reason.
§2 Product information and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding.
Zbinden Kollektion reserves the right to change prices of products and services at any time.
§3 Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products from Zbinden Kollektion shall be deemed concluded with Zbinden Kollektion as soon as an order has been placed by the customer in the online shop, by telephone or e-mail (hereinafter referred to as “contract”).
Customers are informed of their order placement by means of an automatically generated order confirmation by Zbinden Kollektion, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Zbinden Kollektion under condition of deliverability and correct price quotation.
§4 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity.
The customer shall inform Zbinden Kollektion of any defects, or false or incomplete deliveries, immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer must retain the product in the condition it was delivered in and may not use it.
§5 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Zbinden Kollektion be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Zbinden Kollektion, be this contractual or non-contractual.
Moreover, Zbinden Kollektion is not liable for damage resulting from the following causes:
- storage, setting or use of products that is improper, unlawful or contrary to contract;
- force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Zbinden Kollektion or official orders.
§6 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Zbinden Kollektion for any purchases become immediately due. Zbinden Kollektion may request immediate payment and suspend any further product deliveries to the customer.
Zbinden Kollektion levies an administrative charge of CHF 5.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
§7 Reservation of ownership
All ordered products remain the property of Zbinden Kollektion until payment is received in full.
§8 Order change or cancellation
Order placement obliges the customer to accept the products. Zbinden Kollektion may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
§9 Returning non-defective products
Zbinden Kollektion grant the right to return ordered products within a maximum of 5 calendar days from their dispatch or collection.
The products must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
Should customers exercise their right of return according to the above-mentioned return conditions, Zbinden Kollektion shall refund the total purchase price with the exception of any minimum order surcharge paid.
§10 Further provisions
§10.1 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.
§10.2 Place of jurisdiction and applicable law
All legal relations between Zbinden Kollektion and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The exclusive place of jurisdiction is Wabern.
§10.3 Copyright notice
All rights to these TC, particularly copyrights, are reserved by Zbinden Kollektion
All reproduction, distribution or other use is prohibited except with written permission from Zbinden Kollektion. In the event of breach of this requirement, Zbinden Kollektion reserves the right to take legal action.