General Terms and Conditions of Swiss Yarn Festival GmbH
1. scope of application
These General Terms and Conditions (“GTC”) apply to the entire business of Swiss Yarn Festival GmbH (hereinafter referred to as the “Company”).
2 Conclusion of contract
The conclusion of the contract is effected by the acceptance of the offer of the Company concerning the purchase of products and / or services by the customer.
The contract is concluded in any case when the customer uses the services offered by the Company and / or orders products through the online store of the Company or buys them directly.
Subject to other offers, all prices are in Swiss francs (CHF). All prices are inclusive of any applicable value added tax (VAT).
Prices are also 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 of the conclusion of the contract on the website of the company and according to the price list of the company are valid.
The company offers the customer the following payment options: Invoice, PayPal.
The Customer is obliged to pay the invoiced amount within 15 (fifteen) days from the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically in default.
From the moment of default, the Customer shall owe default interest in the amount of 5% (five percent).
The Company reserves the right to demand payment in advance at any time without giving reasons.
Offsetting of the invoiced amount against any claim the Client may have against the Company is not permitted.
The Company shall have the right to refuse delivery or service provision in case of delayed payment.
5. obligations of the company
5.1 Delivery / Delivery Dates
Delivery shall be made within 5 (five) working days after receipt of the order. If the delivery cannot be made in time, the Customer shall be informed by the Company within 5 (five) working days after receipt of the order and the new delivery date shall be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company fulfills by handing over the ordered products to the agreed carrier. If no forwarder is agreed upon, the Company shall be free to choose a forwarder. The agreed delivery costs may not be increased by the choice of the forwarder.
5.2 Provision of Services
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no other provisions are agreed upon, the place of performance shall be the registered office of the Company.
5.3 Auxiliary persons
The parties shall have the express right to engage auxiliary persons for the performance of their contractual duties. They shall ensure that the auxiliary personnel are engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
6. obligations of the customer
The Customer shall promptly make all arrangements necessary for the Company to provide the Service. The Customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing appropriate information and documentation to the Company.
An exchange of products is generally excluded.
The statutory warranty provisions shall apply.
The Company warrants the above for a maximum period of 24 (twenty-four) months.
The Company shall be notified immediately of any defect. It is up to the Company to decide whether the defective product will be repaired or replaced. Only if replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the time of repair, the customer has no right to a replacement product. The warranty starts anew for the repaired element, for the remaining elements of the product the original warranty period continues.
The Company guarantees to perform the agreed services in the quality customary in the industry.
The liability for any indirect damages and consequential damages is fully excluded.
The liability for direct damages is limited to the sales price of the product / service. This limitation of liability does not apply to direct damages 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 trademarks are owned by the company or it is entitled to their use by the owner.
Neither these General Terms and Conditions nor any individual agreements pertaining thereto shall transfer any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or anything else, which the customer receives in connection with these provisions, is prohibited, unless it is explicitly approved by the company.
If the Customer uses contents, texts or pictorial material in connection with the Company to which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed.
11. data protection
The Company may process and use the data recorded within the framework of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take measures which are necessary to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of services may also be disclosed to contracted service partners or other third parties.
Furthermore, the data protection regulations shall apply.
These General Terms and Conditions may be amended by the Company at any time.
The new version shall come into force 30 (thirty) days after the notification by the Company.
In principle, the version of the General Terms and Conditions in force at the time of the conclusion of the contract shall apply to the Customers. Unless the Customer has agreed to a newer version of the GTC.
These GTC shall take precedence over all older provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.
14 Severability clause
If a provision of this contract or an annex to this contract is or becomes invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall 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 shall apply to any loopholes in the contract.
Both parties as well as their auxiliary persons undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
16 Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the performance of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall fully reimburse the Client for any payment already made.
Any further claims, especially claims for damages due to vis major, are excluded.
17 Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company shall have jurisdiction. The company is free to file a lawsuit at the defendant’s domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.