General Terms & Conditions
• SCOPE OF APPLICATION
These terms and conditions govern every use of the website plurabelle-fashion.com and its constituent pages (hereinafter referred to as "website") as well as the legal relationship between the client and the operator of the website ("operator": Plurabelle-Fashion based in Lucerne)
The client shall guarantee that the content of the data that he/she transmits to the operator is accurate, that it is in accordance with the law and the rights of third parties and that it does not offend common decency.
The operator shall not guarantee the correctness, completeness, reliability or quality of the published or transmitted contents. Liability claims against the operator that result from using or not using the presented information or from using incorrect or incomplete information are excluded.
The operator shall not be liable for direct or indirect hyperlinks to external websites. The operator has no influence whatsoever on the linked pages. Only the operator of the linked pages shall be held liable for illegal, incorrect or incomplete contents and, in particular, for damages that result from using or not using this information.
• EXCLUSION OF LIABILITY
The operator shall only be liable for damages resulting from accessing his website (particularly for failures, interruptions and malfunctions) if the client can prove gross negligence. The operator shall not be liable for reduced quality of access to the services of Plurabelle-Fashion in the case of force majeure or events that are out of the operator's control, in particular in the event of communication network failures.
• COURT OF JURIDICTION / APPLICABLE LAW
For any disputes arising between the operator and the client, Lucerne is the sole place of jurisdiction. The legal relationship between the operator and the client is subject to Swiss law.
• ORIGINAL TEXT
This is a translation of the German general terms and conditions of STARTUPS.CH. In the event of contradiction, the German version shall be authoritative.
20 December 2012
General Terms and Conditions of Business
§ 1 GENERAL
Plurabelle Fashion, Rosenberghöhe 22, 6004 Luzern, Switzerland, managing director: Anna-Livia von der Heydte, phone: +41 78 86 88 129, firstname.lastname@example.org (hereinafter “Plurabelle Fashion” or “we”), operates an online shop at the internet address www.plurabelle-fashion.com (the “Website”). All orders placed by you via the Website are governed exclusively by the General Terms and Conditions of Business set out below, and applies at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
§ 2 CONTRACTS
1. The languages available for contracts are in German and English:
2. The presentation of products on our Website does not constitute any offer by Plurabelle Fashion for a purchase contract.
3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “buy”. Before you submit your offer you will be able to view the details you put in and correct any mistakes in the information provided.
4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
5. A purchase contract between you and Plurabelle Fashion will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
6. Plurabelle Fashion has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
§ 3 RETURNS
Right of return
You may return the goods delivered within 14 days by return shipment without stating any reason. The time limit commences on receipt of this advisory in text form (e.g. letter, fax, e-mail), however, not until the recipient has received the goods (or not until receipt of the first partial delivery in the event of recurring deliveries of similar goods), and not until we have fulfilled our duties of information under Art. 246 sec. 2 in conjunction with Sec. 1 (1) and (2) EGBGB and not until we have fulfilled our duties under Sec. 312g (1) s. 1 BGB in conjunction with Art. 246 sec. 3 EGBGB. You may declare a return also by posting a return request in text form, however, only for goods not eligible for parcel shipping (such as bulky goods). To comply with the deadline the goods or return request must be dispatched in a timely manner. All return shipments are at your expense and risk. Please address all returns and return requests to: Plurabelle Fashion, Rosenberghöhe 22, CH-6004 Luzern, email@example.com
In the event of a valid and effective return, the performance received by either party must be returned and any benefits derived must be released. You are required to compensate us for any loss in value if the goods are returned in a deteriorated state and for any benefits derived (such as advantages derived from usage) which cannot be returned at all or in part or can only be returned in a deteriorated state. You are required to compensate us for any loss in value for deteriorated goods or benefits derived only to the extent that such benefits or deterioration are due to any handling of the goods extending beyond an inspection of their qualities and functions. “Inspection for qualities and functions” means the testing and trial of the goods, as is possible and common in, for example, a store. Any obligations to refund payments must be fulfilled within 30 days. For you, this time limit starts upon dispatch of the returns or return request, and for us, upon their receipt.
End of advisory
2. Return shipments
All return shipments are made via the service used for original delivery (Deutsche post or DHL). All documents that may be helpful for you when returning goods are enclosed with your parcel.
Please note that we can only accept return shipments from the country of destination. For example, if your delivery was made to Austria, any returns must be shipped from Austria as well.
Returns will be credited to your account/card, any losses caused by currency fluctuations will not be refunded.
For any questions about your right of return, please contact our us:
phone: +41 788 688 129
§ 4 PRICES; PRODUCT PRESENTATION; AVAILABILITY; VOUCHERS
1. The prices stated on our Website www.plurabelle-fashion.com at the time of your order apply.
2. The goods offered at Plurabelle Fashion are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.
4. Vouchers remain valid for three years upon receipt.
§ 5 STORAGE OF CONTRACT DATA
We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “submit order” button and your credit card details have been verified.
In addition you will receive an e-mail order confirmation stating all details entered, which may be printed out as well.
§ 6 SHIPPING & DISPATCH
1. Your package will be shipped with Deutsche Post / DHL
2. The goods will be ready for dispatch on or after the day following your order. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
3. Deliveries to non-EU destinations
Based on experience, deliveries to non-EU countries will take 2 to 8 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in the destination country as well as customs and handling charges, but are exclusive of German value-added tax.
Customs duties, import sales taxes and DHL handling charges will not be refunded if the goods are returned.
4. Shipping charges
|Destination||Carrier||Shipping costs||Shipping times|
|Germany||DHL Standard||6.00 EUR||1-3 business days|
|Europe||DHL Standard||13.00 EUR||1-5business days|
|Rest of world||DHL Standard||26.40 EUR||2-8 business days|
Shipping charges will be incurred only once for deliveries in instalments.
5. As a gesture of goodwill, Plurabelle Fashion agrees to grant customer upon request a price adjustment by way of store credits, to be redeemed within one year, should the price of any regular item be first reduced within seven days after the contract with customer became effective. The price adjustment will be contingent upon availability of the same size and/or colour of the item at the time the price is reduced. This shall not apply to items that were marked down at the time of purchase already or were purchased as part of another special price campaign.
§ 7 PAYMENT; DEFAULT IN PAYMENT; SETOFF; RIGHT OF RETENTION PAYMENT USING A CREDIT CARD, DEBIT CARD, PAYPAL, OR WIRE TRANSFER
You can use a credit card or PayPal for your purchase at Plurabelle Fashion.
All payments and credit notes will be handled in the currency chosen for the purchase (see also currencies).
§ 8 RETENTION OF TITLE
The goods delivered remain property of Plurabelle Fashion until full payment has been made.
§ 9 INQUIRIES, COMPLAINTS
For any inquiries about your order or complaints, please contact us:
phone: +41 788 688 129
§ 10 WARRANTY
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.
§ 11 LIABILITY
1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon (“essential secondary obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual secondary obligations which are not essential secondary obligations.
2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.
4. Any exclusion or limitation of the liability of Plurabelle Fashion shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
§ 12 GOVERNING LAW, SEVERABILITY
1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by Swiss law to the exclusion of the UN Sales Convention.
2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.
§ 13 ORIGINAL TEXT
This is a translation of the German general terms and conditions of www.plurabelle-fashion.com. In the event of contradiction, the German version shall be authoritative.