GENERAL TERMS AND CONDITIONS (GTC)
dated 27 January 2021
1. GENERAL INFORMATION
1.1 Subject matter
These General Terms and Conditions (GTC) govern the terms and conditions of sale between Framework AG, Rothusstrasse 23, 6331 Hünenberg ZG, as seller on the one hand, and the purchaser as buyer on the other.
The GTC also contain provisions or declarations by the purchaser regarding data protection, which are specifically highlighted. In these GTC, the terms "we" and or "us" refer to Framework AG as the seller. We distribute or sell branded textiles.
Only end customers or private customers with a domicile/branch or address in Switzerland or Liechtenstein are entitled to place an order in our online shop.
Our offer is neither directed at persons abroad nor at dealers.
By placing an order via the online shop, each customer or purchaser confirms that he or she is authorised to place an order within the meaning of these General Terms and Conditions, that he or she is capable of acting and that he or she is at least 18 years of age.
In our online shop, we only offer brand-new goods in original brand quality. This also applies to goods which we offer or sell in the online shop at reduced prices.
All correspondence is conducted via our customer service (Framework AG, Rothusstrasse 23, 6331 Hünenberg) or by e-mail via firstname.lastname@example.org or email@example.com.
2. CUSTOMER RELATIONSHIP, CONCLUSION OF CONTRACT
2.1 Customer account
To place an order in our online shop, the orderer or purchaser must open a customer account once, register as a customer with the required details and specify a user name and password as access data for the customer account.
These access data are exclusively intended for the personal use of the buyer and are therefore to be treated confidentially by him.
The client acknowledges and expressly agrees that Framework AG processes the data provided by the client both for the operation of the online shop and for marketing purposes.
The client agrees that Framework AG may send newsletters and advertisements to the client.
The client may unsubscribe from the newsletter and/or advertisements at any time and delete the client account.
Liability and responsibility of Framework AG arising from any unauthorised use of access data, in particular due to the fact that the client does not treat his access data confidentially, does not protect it or protects it too little, is excluded.
As a client, the purchaser is obliged to provide Framework AG with complete and correct information at all times.
As soon as the purchaser submits his order in his shopping basket or according to the shopping basket, he confirms his binding offer to purchase the goods.
Subsequently, the buyer receives an order confirmation from us by e-mail, which, however, does not bind us.
Only with the confirmation of the dispatch of the goods to the buyer, the binding purchase contract between the buyer and us is concluded.
Should part of the ordered goods no longer be available, the buyer is not entitled to cancel the entire order.
3.1 Delivery method
We deliver within Switzerland and Liechtenstein. All deliveries are made by Swiss Post.
3.2 Delivery period
The delivery periods stated in the offer or in the order confirmation are non-binding information or guidelines.
Orders that are completely in stock and are received by us by 2:00 p.m. are usually handed over for dispatch on the same day from Monday to Friday, otherwise on the next working day after the order is placed.
All deliveries are made as PostPac Priority with delivery on the following working day (without guarantee). Any delay in delivery does not entitle the buyer to any price reduction.
3.3 Shipping costs
The shipping costs are CHF 9.00. For an order value of CHF 50.00 or more, shipping is free of charge. In the case of partial deliveries, the buyer shall not incur any additional costs.
3.4 Transfer of benefit and risk
Benefit and risk shall pass to the buyer upon conclusion of the contract and shipment of the goods shall be at the buyer's risk.
After we have handed over the shipment to the Swiss Post, the status of the shipment can be tracked by means of the tracking number provided in the order confirmation.
3.5 Inspection of the goods after receipt
The buyer is obliged to check the goods immediately after receipt for correctness, completeness and any defects. Defective, incomplete or incorrectly delivered goods must be reported to us within 8 days of delivery. The original packaging must be retained by the buyer and the goods returned to us in their original packaging. The procedure for returns is described in Section 6 Return, Warranty (6.1 Procedure for Returns) and must be followed by the buyer unless otherwise instructed by us.
3.6 Default of acceptance
If the buyer refuses to accept the delivered goods, we may grant him a reasonable grace period for acceptance. If the buyer refuses acceptance again or repeatedly, we shall be unilaterally released from our obligations towards the buyer, but shall remain entitled to claim the purchase price from the buyer or the buyer shall remain obliged to pay the purchase price to us.
4.1 General information
All prices stated in the online shop or in the order confirmation are in CHF and include VAT.
Any shipping costs incurred will be charged additionally and are shown separately.
VAT is shown separately. Incorrect price information due to error, technical error and/or incorrect publication are non-binding prices.
We are entitled to change the prices of the articles offered at any time. The prices published in the online shop or confirmed with the order confirmation shall apply.
5.1 Available methods of payment
We accept the means of payment indicated in our online shop, but reserve the right to exclude certain means of payment for individual customers at any time without giving reasons. In all other respects, we are entitled, or the buyer agrees, to obtain information on the buyer's creditworthiness at any time and to pass on the necessary customer data to third parties for this purpose.
5.2 Payment with debit/credit cards
If payment is made by debit or credit card, the amount will be charged after the order confirmation has been sent. The transmission of the payment data is encrypted.
5.3 Retention of title
The goods remain our property until full payment has been made. The buyer has no claims against us until the goods have been paid for in full.
The buyer must pay the invoice for the ordered goods when placing the order. Payment shall become due after dispatch of the order confirmation. If payment is not made when the order confirmation is sent or, in the case of an order on account, within the payment period specified by us, the buyer shall be in default without further reminder.
6. RETURN AND WARRANTY
6.1 Procedure for returns
The buyer must notify us of defective, incomplete or incorrectly delivered goods within 8 days of delivery. The goods must be returned in their original packaging, with all accessories and accompanied by the invoice and the completed returns form. The return is always at the risk and expense of the buyer. If no defect is found in the returned goods, we may return them to the buyer at the buyer's risk and expense and thus adhere to the purchase contract.
The goods are subject to the statutory two-year warranty. In the event of a warranty claim, we shall decide at our own discretion whether to either replace the goods free of charge to the buyer or to credit the buyer the price for the defective goods ordered. If the goods are altered and/or used improperly by the buyer or a third party, so that the defect is attributable to this, any warranty shall become null and void. In any case, there is no warranty or liability for normal wear and tear of the goods.
Claims for damages arising from breach of contract, impossibility of performance, culpa in contrahendo and/or tort, etc. against Framework AG are excluded to the extent permitted by law.
8. DATA PROTECTION
In connection with the online shop, we only use the mandatory data provided to us by the customer or buyer.
For the operation of the online shop, we are therefore absolutely dependent on this data, which the buyer makes available to us voluntarily, for the fulfilment of our service to the buyer.
The purchaser acknowledges and agrees in general and with each new order that Framework AG processes the data provided by the purchaser both for the operation of the online shop and for marketing purposes.
The purchaser agrees to Framework AG sending the purchaser newsletters and advertising.
The purchaser may unsubscribe from the newsletter and/or advertisements at any time and delete the customer account.
In addition, we are entitled, and the purchaser agrees in general and with each new order, to obtain information on the purchaser's creditworthiness at any time and to pass on the necessary customer data to third parties for this purpose.
The data will be treated confidentially by us.
Data will only be passed on to third parties for advertising purposes with the express permission of the purchaser.
These GTC apply to the creation of a customer account, to or with every order and generally to the use of our online shop.
In the case of translations of these GTC, the German version shall take precedence.
9. APPLICABLE LAW / PLACE OF JURISDICTION
Swiss substantive law is exclusively applicable (Code of Obligations, SR 220). The place of jurisdiction for all disputes arising directly or indirectly from or in connection with the contractual relationship is Hünenberg ZG, Switzerland.