GTC
General terms and conditions (GTC)
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Salra-Fashion GmbH (hereinafter referred to as “Salra-Art”, “us” or “we”) and customers (hereinafter referred to as “customer”, “buyer” or “you”) for products (hereinafter referred to as “products”, “goods” or “custom-made products”) purchased via our website (hereinafter referred to as “online shop” or “website”).
The Online Shop is operated by:
Salra-Art, Leibrächistrasse 8, 8185 Winkel, sabine.salbrechter@salra.ch, 079 474 77 47
Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer shall not be recognised.
Salra-Art reserves the right to amend these GTC at any time. All changes become effective with the publication of the new GTC on the website after 30 days. The relevant point in time for the applicability of the valid GTC is the date of submission of the binding order to us when purchasing a product.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our privacy policy and declare that you are authorised to enter into legally binding contracts and are at least 18 years of age.
2. conclusion of a purchase contract
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to the clientele to order the product in the online shop. Salra-Art expressly reserves the right to change the products themselves as well as the contents, e.g. pictures, assortment, prices and the descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on Salra-Art. Deviations in colour, structure and finish are reserved, as these may vary depending on screen settings.
For custom-made products, customers express their wishes to Salra-Art verbally or in writing. We issue a detailed order confirmation with reference to these GTCs. The sales contract is only concluded when a deposit is paid. The production of the custom-made product will only begin after Salra-Art has received the down payment.
The customer can place a binding order for the products he has selected via our online shop. The customer can place the products he selects in the “shopping basket”. This does not yet constitute a binding order. An order is only deemed to be binding when the customer clicks on the “order” button on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, recognise any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our General Terms and Conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer.
After you have placed a binding order, Salra-Art is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded to you upon cancellation of the order. Reasons for refusing an order may include, for example, if a product is no longer available, if we are unable to obtain authorisation for the customer’s payment or if there is reason to believe that the customer is acting in breach of these T&Cs, individual contracts, fraudulent or other criminal activity or for any other good cause.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance takes place through the dispatch of the ordered products.
Any commercial distribution or resale by private customers of our products is prohibited.
3. availability and reservation of performance for products that cannot be delivered.
All information about the availability, shipping and delivery of a product is preliminary information and approximate. They do not constitute binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.
Our products are available while our stocks last. If Salra-Art discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the products that are not available will not be concluded, as the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
4. prices and shipping costs
Our products and prices are the same as those indicated on the website. All prices are quoted in CHF (Swiss francs) and include the statutory value added tax (VAT) of 7.7%.
Salra-Art reserves the right to change prices at any time. Products are charged on the basis of the prices offered at the time the binding order is placed.
5. terms of payment/credit assessment
Orders are generally due for payment immediately. In the case of custom-made products, a deposit of 50% shall apply prior to conclusion of the contract. After dispatch, the remaining amount is due for payment immediately.
The customer has the option to pay using the means of payment displayed on the website or in the order process. These may change from time to time. In addition, we reserve the right not to offer certain payment methods in a specific individual case and to refer to other payment methods used by us (for example, to hedge our credit risk, only those according to the respective credit rating). Salra-Art is expressly authorised by the customer to carry out creditworthiness checks at its own discretion and, if necessary, to pass on the customer’s data to third parties for this purpose.
By choosing the means of payment, the customer authorises the payment either by entering credit card data or access data of a payment service provider. The customer authorises Salra-Art to collect payments in the corresponding way. In the event of chargebacks, Salra-Art is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Salra-Art is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and address details and to request authorisation from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Salra-Art reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
In the case of payment by invoice, the customer will receive the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made within 30 days using the payment slip. If payment is not made on time, Salra-Art shall be entitled to charge its expenses for each reminder of at least CHF 5 and further costs associated with collection as well as the statutory default interest of 5%. Should it become necessary to initiate debt collection proceedings, we shall charge an additional processing fee of at least CHF 150. Salra- Art has the right to refuse delivery or service provision in the event of late payment.
Offsetting the invoiced amount against any claim the customer may have against Salra-Art is not permitted.
6. delivery conditions
The products which you order in our online shop and which are in stock will be delivered to you within 45 working days after receipt of full payment.
Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall fulfil by handing over the ordered products to the agreed carrier. If no carrier is agreed, the Company shall be free to choose a carrier. The agreed delivery costs may not be increased by the choice of forwarder.
The shipping costs incurred must be paid in advance by the buyer. In the case of custom-made products, the shipping costs are owed after consultation with Salra-Art.
If the products are marked as out of stock when the order is placed, Salra-Art will make every effort to deliver the products as soon as possible. Salra-Art will make every effort to comply with the stated delivery times. However, Salra-Art is not responsible for delays in delivery, regardless of their cause. We will inform you immediately of any delays in delivery that occur.
If the delay in performance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.
Should the delivery of the product fail through the fault of the customer despite three attempts at delivery, Salra-Art may withdraw from the contract. Any payments made shall be refunded immediately.
7. retention of title
Salra-Art remains the owner of the delivered products until they have been paid for in full.
8. right of withdrawal and return
Conditions
For all purchases of our products via our online shop (with the exception of certain products; cf. the revocation restrictions below), Salra-Art grants the customer a voluntary right of revocation within 14 days of receipt of the products, without the customer having to justify this. The customer may withdraw from the contract within 14 days after receipt of the goods by returning the goods to us or by notifying us of the withdrawal in text form (e.g. letter, e-mail, fax). The 14-day return period begins on the day after receipt of the goods and is met if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day.
A prerequisite for exercising the right of cancellation is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:
Salra-Art, Leibrächistrasse 8, 8185 Winkel, sabine.salbrechter@salra.ch, 079 474 77 47
Consequences
The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation. In the event of a lost package, your return can only be credited upon presentation of this document.
If the goods are returned correctly, we will refund the total price paid by the customer no later than 14 days from the day we received the goods. The refund will be based on the original payment method used and will always be made to the associated account used for payment, unless otherwise expressly agreed with you. Please ensure that you have access to the bank account specified, as Salra-Art accepts no liability in this regard.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
Cancellation restrictions
The right of revocation does not apply to contracts for the delivery of products that have been customised according to your own specifications or that have been clearly tailored to your needs (so-called customised, individualised products), or if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
9. notice of defects/warranty
Salra-Art warrants that the goods comply with the warranted characteristics and do not have any defects that impair their value or their suitability for the intended use. Wood is a natural product. Differences in colour and structure are natural and are no reason for complaint. Wood may warp slightly due to fluctuations in temperature and climate. Glass can lead to deviations due to the material.
After receipt of the products, the customer must immediately check them for correctness, completeness and possible damage. Defects or damage must be reported to Salra-Art within 3 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the goods shall be deemed to have been approved and you shall no longer be entitled to assert any claims against us.
The statutory warranty provisions against manufacturing defects/material or production faults shall apply. The warranty period is 2 years from receipt of the product. Products damaged through the buyer’s own fault are excluded from the warranty.
The customer’s warranty claims are limited to replacement delivery or elimination of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. Salra-Art shall decide at its own discretion on replacement delivery or rectification of defects. If subsequent delivery or rectification fails, the customer shall be entitled to withdraw from the contract in the event of significant defects.
For complaint notification or service questions, please contact us at the following address with the order number, the customer number, a description of the error and other helpful information:
Salra-Art, Leibrächistrasse 8, 8185 Winkel, sabine.salbrechter@salra.ch, 079 474 77 47
The defective product must be returned to the above address of Salra-Art with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a lost package.
10. data security
We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of passwords, data carriers and transmissions, pseudonymisation, controls. We cannot guarantee the security of data transmission on the Internet; in particular, there is a risk of access by third parties when data is transmitted by e-mail.
11. Liability
Salra-Art shall only be liable in the event of a breach of its own obligations arising from these GTC and the contractual relationships based on them for damage caused and proven by it through unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability, whether based on contract, tort or any other cause, shall be assumed by Salra-Art up to an amount of CHF 1,500.00. Indirect damages include, for example, loss of profit, financial loss, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of the services of Salra-Art. Furthermore, Salra-Art accepts no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability of Salra-Art shall not apply in the case of culpable injury to life, body and health directly caused by Salra-Art and in the case of mandatory statutory regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, the total liability under these GTCs, regardless of the reason, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us.
Event beyond our control
Upon the occurrence of an event beyond our reasonable control (a “Force Majeure Event”), we shall have no liability or responsibility for the non-performance or delay in performance of any of our obligations under these T&Cs and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:
In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemic, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor or other means of public or private transportation.
If an event beyond our control occurs which affects the performance of our obligations under the Contract, we will notify you at the earliest opportunity.
12. data protection
Salra-Art collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws.
13. Copyright
Salra-Art is entitled to all rights to the products, services and any trademarks or is authorised to use them by the owner.
Neither these General Terms and Conditions nor the individual agreements pertaining thereto have as their content the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making accessible of information, images, texts or anything else which the customer receives in connection with these provisions is prohibited, unless it is explicitly approved by Salra-Art.
If the customer uses content, texts or pictorial material in connection with Salra-Art to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
14. Severability clause
Should any of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same shall apply to any loopholes in these GTC.
15. Applicable law and place of jurisdiction
These GTC, the contractual relations based on them and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Salra-Art or at the customer’s place of residence. For legal entities, the place of jurisdiction shall be exclusively the registered office of Salra-Art.