1. Scope

These General Terms and Conditions (“GTC”) apply to the entire business area of Swiss Yarn Festival GmbH (hereinafter “Company”).

2. Conclusion of Contract

The contract is concluded through the acceptance of the Company’s offer regarding the purchase of products and/or services by the customer.

The contract is concluded in any case if the customer makes use of the services offered by the Company and/or orders or directly purchases products via the Company’s online shop.

3. Prices

Unless otherwise offered, all prices are in Swiss Francs (CHF). All prices include any applicable value-added tax (VAT).

Furthermore, prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.

The Company reserves the right to change prices at any time. The prices valid at the time the contract is concluded on the Company’s website and according to the Company’s price list shall apply.

4. Payment

The Company offers the customer the following payment options: invoice, PayPal.

The customer is obliged to pay the invoiced amount within 15 (fifteen) days of the invoice date.

If the invoice is not settled within the aforementioned payment period, the customer will be sent a reminder. If the customer does not settle the invoice within the set reminder period, they will automatically be in default.

From the time of default, the customer owes default interest at a rate of 5% (five percent).

The Company reserves the right to demand advance payment at any time without stating reasons.

Offsetting the invoiced amount against any claim the customer may have against the Company is not permitted.

The Company has the right to refuse delivery or the provision of services in the event of late payment.

5. Obligations of the Company

5.1. Delivery / Delivery Dates

Delivery takes place within 5 (five) working days after receipt of the order. If timely delivery is not possible, the customer will be informed by the Company within 5 (five) working days after receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the Company’s registered office is agreed upon as the place of performance. The Company fulfills its obligations by handing over the ordered products to the agreed carrier. If no carrier is agreed upon, the Company is free to choose a carrier. The agreed delivery costs may not be increased by the choice of the carrier.

5.2. Provision of Services

Unless otherwise agreed, the Company fulfills its obligation by providing the agreed service. If no further provisions are agreed upon, the Company’s registered office shall be the place of performance.

5.3. Auxiliary Persons

The parties have the express right to call upon auxiliary persons to fulfill their contractual obligations. They must ensure that the involvement of the auxiliary person takes place in compliance with all mandatory legal provisions and any collective labor agreements.

6. Obligations of the Customer

The customer is obliged to immediately take all precautions required for the provision of the service by the Company. The customer must take the precautions at the agreed place, at the agreed time, and to the agreed extent. Depending on the circumstances, this includes providing suitable information and documents for the Company.

7. Exchange

An exchange of products is generally excluded.

8. Warranty

The statutory warranty provisions apply.

The Company guarantees the above for a maximum period of 24 (twenty-four) months.

Any defect must be reported to the Company immediately. The Company has the right to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for third-party repairs is excluded. During the repair period, the customer has no claim to a replacement product. The warranty starts anew for the repaired element; for the remaining elements of the product, the original warranty period continues to run.

The Company guarantees to perform the agreed services in a quality standard for the industry.

9. Liability

Liability for any indirect damage and consequential damage is fully excluded.

Liability for direct damage is limited to the sales price of the product/service. This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The customer is obliged to report any damage to the Company immediately.

Any liability for auxiliary persons is fully excluded.

10. Intellectual Property Rights

All rights to the products, services, and any brands belong to the Company or it is authorized to use them by the owner.

Neither these GTC nor associated individual agreements involve the transfer of any intellectual property rights unless this is explicitly mentioned.

In addition, any further use, publication, or making available of information, images, texts, or anything else that the customer receives in connection with these provisions is prohibited unless explicitly approved by the Company.

If the customer uses content, texts, or visual material in connection with the Company in which third parties have a protective right, the customer must ensure that no third-party protective rights are violated.

11. Data Protection

The Company may process and use the data recorded during the conclusion of the contract to fulfill the obligations under the contract. The Company takes measures required to secure the data in accordance with legal regulations. The customer fully agrees to the storage and contractual use of their data by the Company and is aware that the Company is obliged and entitled to disclose information from the customer to courts or authorities or third parties upon their order. If the customer has not explicitly prohibited it, the Company may use the data for marketing purposes. The data necessary for the fulfillment of the service can also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection provisions apply.

12. Amendments

These General Terms and Conditions can be changed by the Company at any time.

The new version comes into force 30 (thirty) days after notification by the Company.

For customers, the version of the GTC that is in force at the time the contract is concluded generally applies. Unless the customer has agreed to a newer version of the GTC.

13. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that further specify the provisions of these GTC take precedence over these GTC.

14. Severability Clause

Should a provision of this contract or an attachment to this contract be or become invalid, the effectiveness of the rest of the contract shall not be affected. The contracting parties will replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

15. Confidentiality

Both parties and their auxiliary persons undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in effect even after the termination of the contract.

16. Force Majeure

If timely fulfillment by the Company, its suppliers, or involved third parties becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company is released from fulfilling the affected obligations for the duration of the force majeure and a reasonable startup period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company can withdraw from the contract. The Company must fully refund any payment already made by the customer.

Any further claims, in particular claims for damages as a result of force majeure, are excluded.

17. Applicable Law / Jurisdiction

These GTC are subject to Swiss law. Unless mandatory legal provisions take precedence, the court at the Company’s registered office has jurisdiction. The Company is free to bring an action at the defendant’s registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.