1. Scope
1.1 Our range of goods in the Online Shop is aimed exclusively at consumers with a habitual residence and a delivery address in Switzerland and Liechtenstein (hereinafter “Customers”).
1.2 The operator of the online store at www.seamless-swiss.com (hereinafter “Online Shop”) and your contractual partner is:
Czupryniak Design
Berglistrasse 3
9300 Wittenbach
1.3 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between you as customer and us as operator of the online store www.seamless-swiss.com (hereinafter referred to as “Seller”). Within the framework of the order process, you acknowledge the GTC in the version applicable at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of writing is also fulfilled if a declaration is contained in an e-mail.
2. Contract
2.1 The offer to conclude a purchase contract is made by the customer by clicking the “Buy now” button after completely filling out the order page. The customer remains bound to the order for one week. The contract is binding if we accept the order within this period in accordance with paragraph 2.3.
2.2. After sending the order, the customer receives an automated e-mail with which we confirm receipt of the order by us (order confirmation). The order confirmation only serves as information that we have received the order.
2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare the acceptance of the contract by issuing an invoice to the customer, by confirming the order (order confirmation), by confirming by e-mail that the goods have left our warehouse (shipping confirmation) or by delivering the goods at the latest.
2.4 The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also conclusively determines the scope of services.
2.5 The contract is concluded in English. The data stored by us serve as proof of the conclusion of the contract and the transaction.
2.6 The customer has the option to print out the order and the data entered during the ordering process. Furthermore, there is the possibility to open a customer account. In the customer account, the order data can be viewed after entering the personal access data. Seamless Swiss reserves the right to block customer accounts at its own discretion without giving reasons.
3. Prices
3.1 All prices are net in Swiss francs (CHF) including VAT, prepaid recycling fees, if any, and copyright fees. Prices, conditions and vintages stated on the website are subject to change, the effective date being the date of the order. Price differences of products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in stationary trade are possible. There is no entitlement to a subsequent price adjustment or credit. There is no entitlement to a subsequent price adjustment or credit.
3.2 General shipping costs: For orders below CHF 100 shipping costs of CHF 6 will be charged.
4. Payment & Retention of title
4.1 Payment of the purchase price shall be made either by credit card (VISA, Mastercard), Debit card, Google Pay, Apple Pay or TWINT if provided and available on the website. The data for payment by credit and debit cards are transmitted in encrypted form.
4.2 Orders are payable immediately, subject to the following provisions.
4.3 You, as the customer, shall only be entitled to rights of set-off or retention to the extent that the claim has been legally established or is undisputed. This shall not affect your counter rights in the event of defects in the delivery.
4.4 Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), we shall retain title to the delivered goods in any case. The Seller is entitled to make a corresponding entry in the retention of title register.
4.5 Please note that our web store is primarily geared to the needs of our private customers. For this reason, it is not possible for us to subsequently issue invoices, receipts or VAT statements for your online order.
5. Delivery
5.1 The Seller shall limit deliveries to the territory of Switzerland and Liechtenstein. Delivery will be made directly to the delivery address and contact person provided by the buyer.
5.2 Delivery is subject to timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters, as well as in the event of suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The Seller shall not be liable for delays in delivery caused by manufacturing companies or third parties.
5.3 If not all ordered goods are in stock, we shall be entitled to make partial deliveries. Should it become apparent after the conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the Seller is not responsible, the Customer shall be entitled to withdraw from the contract.
5.4 Our performance shall be a debt to be discharged and shall be deemed to have been fulfilled upon handover to the carrier. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We are not responsible for any fault of the transport company used.
5.5 The delivery times stated in the online store or in our order confirmation according to section 2.3. are calculated from the time of our order confirmation.
6. Duty to examine and give notice of defects, liability for defects
6.1 You are obligated to inspect the delivered products as soon as it is feasible in the ordinary course of business and to notify our customer service immediately of any defects by e-mail.
hello@seamless-swiss.com
If you fail to do so, the Products shall be deemed approved. Approval shall be deemed to have been granted in any case unless the customer has notified Customer Service by e-mail of any defects within 3 days of delivery.
6.2 Defects that were not detectable upon proper inspection in accordance with the preceding paragraph shall be notified to our Customer Service immediately upon discovery by e-mail to hello@seamless-swiss.com, otherwise the ordered products shall be deemed to have been approved also with respect to such defects.
6.3 The defective product shall be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the Buyer by e-mail after receipt of the written complaint. Any transport costs incurred shall be borne by the customer.
6.4 We provide warranty by rectifying defects. This shall be done at our discretion either by subsequent performance, i.e. elimination of a defect (rectification) or delivery of a defect-free item (replacement). Replaced products shall become the property of the seller.
6.5 If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right of the customer to reduction is excluded. This exclusion of liability also extends to all claims competing with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO.) etc.
6.6 Normal wear and tear as well as the consequences of improper handling or damage by the buyer or third parties as well as defects caused by external circumstances are not covered by the warranty:
In particular, worn, dirty, washed or damaged items are excluded from the warranty.
6.7 The customer does not receive guarantees in the legal sense from the seller. Manufacturer’s warranties shall of course remain unaffected. The seller assumes no liability for the descriptions of third parties, in particular customers within the framework of the customer reviews published in the online store, respectively our social media presences.
7. Return
7.1 The customer has the right to return the delivered goods during 14 calendar days (from the date of delivery or receipt confirmation). The return period shall be deemed to have been observed if the goods are handed over to the post office or another shipping company for return on the last day.
7.2 The goods must be returned in their original packaging, complete with all accessories and accompanied by the completed delivery note/return bill and any warranty certificate.
7.3 The goods must be returned to the following address, enclosing the completed return slip (download here)
Seamless Swiss
Stadtbühlstrasse 4
9200 Gossau
7.4 The customer will bear the costs of the return shipment. Shipping and gift wrapping costs will not be refunded. Promotional and discount vouchers will also not be refunded. If the goods are not returned in proper condition, we will charge the customer for the loss in value incurred.
7.5 In case of proper return of the goods, we will refund the customer the total price paid by credit bill after inspection of the goods. A refund will always be made to the means of payment used for the purchase. In the case of any refunds from purchase on account, we will refund the amount to the appropriate account.
8. Liability
8.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the buyer – regardless of the legal ground – are excluded to the extent permitted by law. The seller, its auxiliary persons and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, in particular not for consequential damages, lost profits or other financial losses of the buyer.
9. Data protection
9.1 The collection and processing of personal data of customers by the seller is explained in the privacy policy. This forms an integral part of the contract of these GTC. Click here to go directly to the Privacy Policy.
9.2 The customer hereby consents to the storage of the personal data entered by him in the course of using the website. This also applies to the storage of IP addresses, which are transmitted each time the website is used. The customer also consents to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be passed on to the advertisers.
9.3 The Customer further agrees to the Seller using personal data of the Customers for direct marketing purposes. This includes the advertising address of the customers by e-mail and by post.
9.4. The customer confirms with the acceptance of the general terms and conditions the correctness of the given data and authorizes the company Czupryniak Design to obtain all information necessary for the examination of the order with public offices, credit agencies and the central office for credit information (ZEK). Existing customers are also checked at regular intervals with the above-mentioned offices.
10. Severability clause & Reservation of right of amendment
10.1 Should individual provisions of these General Terms and Conditions be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued by it.
10.2 All amendments or additions to these GTC require a form which allows proof by text, such as fax and e-mail. This also applies to an amendment of the written form requirement. As soon as the Customer makes use of the Seller’s services after the amendment, he implicitly agrees to the new GTC.
10.3 Any other terms and conditions of the Customer, in particular also those which the Customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and insofar as they have been expressly accepted by the Seller in writing.
11. Applicable law / Place of Jurisdiction
Swiss law shall apply exclusively, to the exclusion of the conflict-of-law rules of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the registered office of the Seller.
12. Contact
hello@seamless-swiss.com