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    Terms & Conditions

     - In the event of any deviations resulting from the translation, the formulation set forth in the German version shall prevail. -

     

    General Terms and Conditions of Business

    Online store saltandsun.ch


    § 1 Scope and terms of use
    1. These General Terms and Conditions (GTC) solely govern the contractual relationship between Salt and Sun GmbH, registered in the Commercial Register of the Canton of Zug under company number CHE-201.567.428, domiciled at Widenstrasse 25, in 6317 Oberwil b. Zug, Switzerland (hereinafter referred to as the "Seller") and its customers (hereinafter referred to as the "Customer" or "Buyer") for the products offered on the www.saltandsun.ch website.
    2. Only the goods sold via the online store of the website www.saltandsun.ch are covered by the above GTC.
    3. These GTC exclusively regulate the contractual relationship between the seller and its customers in the aforementioned sense. Contractual conditions of the customer that contradict or deviate from these GTC are not recognized, unless the seller has expressly agreed to them in writing in individual cases.
    4. These terms and conditions apply exclusively to private consumers. A consumer is any natural person who places an order for purposes that are not related to his commercial or independent professional activity, but to his private needs and that do not exceed normal consumption.
    5. The Seller may supplement or amend the GTC at any time at its own discretion. The respective (approved) version at the time of sending an offer by the customer shall apply (see § 3 clause 1).
    6. For the use of our offers, the customer undertakes to provide truthful and complete information during the order process. Should this not be adhered to by a customer, the seller expressly reserves the right to reject orders from a customer. In this regard, the seller assumes no liability for incorrect information provided by the customer via the Internet store of the website www.saltandsun.ch.
    7. The seller delivers only within Switzerland, the EU, Monaco and Liechtenstein. The offer is directed in principle only to persons/companies with residence/registered office in this area: For customers outside this area, a possible conclusion of a contract or a delivery takes place only after prior consent on the part of the seller at the request of the customer. In this regard, the customer must use the contact form on the website of the seller or contact the seller via info@saltandsun.ch.
    8. Othwise, reference is made to the separate imprint on the website www.saltandsun.ch.

    § 2 Subject matter of the contract
    1. The subject matter of the contract are the articles offered and to be purchased by the customer via the online store of the internet platform www.saltandsun.ch (hereinafter referred to as website).
    2. The product images shown on the website, in particular the colors shown, may differ from the original product for technical reasons.
    3. The photos contained on the website serve in a non-binding manner only for illustrative purposes, they do not represent a binding offer and no guaranteed purchase characteristics can be derived from them.

    § 3 Conclusion of the contract
    1. When ordering in the online store, the products can be viewed in more detail by clicking on the product image on the product overview and these can be placed in the shopping cart via the "buy" link. The contents of the shopping cart can be viewed at any time by clicking on the link "shopping cart" in the upper right corner of the image display of the online store (see corresponding image symbol). The selected products that can be viewed in the shopping cart can be ordered for a fee by clicking on the "checkout" button. At the checkout, after entering the personal information requested in the input mask (personal data) as well as the shipping method (i.e. specifying the delivery address), the customer can directly pay for his previously selected products via the button "order with costs" or send the order to the seller. With the order, the customer makes a binding offer to conclude a purchase contract. 
    2. After ordering the desired products, the customer receives an order confirmation with the relevant information to his specified e-mail address. This automatically generated order confirmation e-mail does not constitute an acceptance of the offer, but merely documents that the Seller has received the order. Consequently, the Seller is free to decide even after this point in time whether to accept the order or not. Exceptionally (e.g. in case of production problems, delay in delivery, etc.), the Seller may also withdraw from the sales transaction at this stage, in which case it shall inform the Buyer immediately via the e-mail address provided and then promptly trigger the repayment of the purchase price.
    3. The acceptance of the offer or the conclusion of the purchase contract shall finally be effected by electronic delivery of a separate order/dispatch confirmation on the part of the Seller to the specified e-mail address of the Customer.
    4. The seller is entitled to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, insofar as it cannot deliver the ordered goods for various reasons. In this case, the Seller will inform the Customer immediately about the unavailability of the requested products and will reimburse the Customer for any amounts already paid within 25 days (the period begins to run from the date of notification of unavailability). In this case, the Seller reserves the right to offer goods of the same price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

    § 4 Storage of the contract text / registration
    1. The seller stores the order sent by the customer in the aforementioned manner and the order data entered as part of the ordering process: this is personal information such as name, residential address or business address and delivery address. Existing customers are given the opportunity to register as customers by providing the aforementioned information. For the rest, reference is generally made to the data protection provisions of the external server of the provider Shopify.

    § 5 Prices and taxes
    1. All product prices stated do not include value added tax. The corresponding costs are incurred by the customer depending on his place of residence in addition. The applicable shipping charges are shown separately (in the ordering process).
    2. The seller delivers in principle only within Switzerland, EU, Monaco and Liechtenstein, subject to a deviating individual regulation in the sense of the preceding § 1 Ziff. 7 un § 6 Ziff. 3.
    3. Price changes and price errors remain reserved.

    § 6 Payment and shipping conditions
    1. The purchased goods are to be paid by invoice, credit card (VISA, MasterCard), postcard, Paypal or TWINT by the customer during the ordering process. In case of payment by TWINT or Paypal, the customer will be redirected directly from the order process to the corresponding payment pages of the third party company and the payment will be made immediately. The payment method by invoice is only available to customers accepted by the seller. 
    2. The shipment takes place only after receipt of payment by the seller.
    3. The dispatch takes place within Switzerland, the EU, Monaco and Liechtenstein. Therefore, only orders from buyers with residence/seat from these countries are accepted in principle. Buyers outside these countries can currently express their desire to buy via the contact form or via the e-mail address info@saltandsun.ch and contact the seller. In this case, the seller will - without corresponding assurances - clarify in each individual case and agree with the customer whether and at what modalities a purchase transaction and the shipment of goods outside the usual delivery area is possible.
    4. The delivery takes place exclusively with the Swiss post office as sending enterprise.
    5. The shipment is carried out in any case exclusively at the risk of the customer.
    6. The risk of the goods sold shall pass to the customer upon delivery of the goods to the sending company.

    § 7 Shipping time
    1. The expected time of dispatch is stated individually in the separate confirmation of dispatch by the seller. These are empirical values and guideline values of the sending company, the actual delivery time can deviate from this.
    2. If the ordered goods are not or no longer available after receipt of the order by the customer or after receipt of the order confirmation, the customer will be informed immediately. Partial deliveries are the exception, but allowed.

     § 8 Warranty and liability
    1. Unless otherwise agreed in writing between the parties, the statutory provisions pursuant to Art. 197 et seq. of the Swiss Code of Obligations shall apply to defects in the purchased goods. OR.
    2. The warranty period for the assertion of claims for defects in the purchased goods shall be a maximum of 21 days from receipt of the product (receipt of delivery) for both private individuals and entrepreneurs or companies, and a maximum of 1 year in the case of hidden defects.
    3. Defects in the purchased product that occur during the aforementioned warranty period (guarantee period) must be reported to the Seller immediately after their discovery, at the latest within 5 working days after discovery (timely notification of defects): In this regard, the Customer undertakes to send the Seller a written justification of the defect in question as well as a photo of the defective condition via the e-mail address info@saltandsun.ch. The Seller shall not be liable for any damages caused by the defect.
    4. After examination of the allegedly defective product (based on the notice of defect pursuant to § 9 item 3 above) and after confirmation of the defectiveness by the Vendor, the Customer shall be provided with a new and defect-free product of the same type. In this case, the Seller shall assume the shipping costs for the replacement goods. The defective original goods must be returned to the seller. 5.
    5. Any warranty is void or not covered by a warranty case, if the following complaints are made by the customer:
    - Damage and functional defects of the products caused by accidents, improper or abusive use (cuts, cracks, contamination, unnatural odors, discoloration, etc.), bowing of the structure, storage in chemical substances not intended for this purpose and / or modifications, repairs or interventions by persons who do not have the necessary and demonstrable professional qualifications for this purpose.
    - Consequences of normal wear and tear or aging of the goods.
    6. Any liability for third party or consequential damages as well as for a loss of the purchased product is excluded. The seller is not liable for any damage caused by negligence.
    7. The seller is not responsible for the error-free and / or constantly available data communication via the Internet, also not for the error-free and uninterrupted availability of the online store / website. It is not liable for technical and/or electronic errors occurring during an order process.

    § 9 Right of return / revocation
    1. The customer may return the goods received without giving any reason within 21 days of receipt of the goods at the delivery address by returning the goods to the registered office of the seller (see § 1, para. 1 above). The prerequisite for the right of return is that the items show no signs of use and are unworn. The period begins from receipt of the goods by the customer. The return/exchange of stockings and pantyhose can only be accepted if they are returned in unopened original packaging due to their delicate, easily damaged materials.
    2. In order to meet the deadline, the customer must first notify the return within 21 days from receipt of the goods electronically via the e-mail address info@saltandsun.ch and by indicating the invoice number. In addition, the return of the goods must also be made within 21 days from receipt of the goods (delivery to the sending company, postmark, decisive for compliance with the deadline). The goods to be returned must be addressed to the following address:

    Salt and Sun GmbH
    Widenstrasse 25
    6317 Oberwil b. Zug, Switzerland

    3. If the contract is revoked by the customer, the seller will refund all payments already made by the customer (with the exception of the costs for the outward shipment to or the return shipment by the customer) immediately and at the latest within 30 days from the day on which the written notification of the revocation and, moreover, the object of sale returned by the buyer has been received by the seller. The repayment of the purchase price is conditional upon the safe return of the products to the Seller within the meaning of the above §10 clauses 1 and 2 (products without signs of use). In the event of a reduction in value of the returned products, the Seller shall be entitled to retain the entire purchase price.
    4. If the object of sale has already been handed over to the Vendor prior to receipt of the notice of cancellation, the aforementioned period shall commence upon receipt of the written notice of cancellation. The same means of payment shall be used for the reimbursement by the Vendor as for the payment by the Customer; express written deviations on the part of the Vendor remain reserved. The refund will only be made if the cancellation has been made in time and after the Seller has received the products at the aforementioned address. 
    5. The costs for the return of the goods shall be borne by the seller with the return order of the post office enclosed with the consignment of goods.
    6. In the event of an effective return, any benefits / pecuniary advantages derived by the customer shall be returned to the seller without delay.

    § 10 Retention of title
    Any goods delivered prior to full payment shall remain the property of the Vendor until full payment has been made.

    § 11 Data protection
    1. The data necessary for the use of the aforementioned platform shall be treated confidentially.
    2. By using the platform, the users or buyers expressly consent to the storage of data on the external foreign Shopify server(s) of the seller's Swiss provider in compliance with the applicable data protection provisions.
    3. Otherwise, reference is made to the separate privacy policy of Shopify (specifically Shopify's affiliates Shopify Data Processing (USA) Inc. via the following link: https://www.shopify.com/legal/dpa.

    § 12 Copyrights
    1. either the seller or the persons/companies named in the caption have copyrights to all images and texts about the products for sale displayed on the aforementioned internet platform. These works may only be used by third parties with the written consent of the Seller.

    § 13 Final provisions
    1. All transactions in connection with these terms and conditions shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country of the customer's habitual residence, i.e. the mandatory provisions applicable to private consumers from the EU, shall remain unaffected - only to the extent that they are mandatory and cannot be waived.
    2. The place of jurisdiction for disputes arising from the present contractual relationship - subject to deviating mandatory places of jurisdiction - shall be the courts in Switzerland with jurisdiction at the place of business of the Seller.
    3. Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining contractual provisions and these parts of the contract shall remain valid. In this case, the individual invalid or void provision shall be replaced by a new, legally permissible provision that comes as close as possible in its economic effect to the invalid or void provision. If an invalid contractual provision is not subsequently corrected, it shall be replaced mutatis mutandis by a relevant statutory provision. 

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