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| Conditions of Use |
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augen:merk is selling the goods specified in its on-line shop to its private and commercial customers, under the following sales and delivery terms and conditions. These general terms of business are valid in the current version at the time of exchange of contract for all mutual claims with reference to a sales contract between the customer and augen:merk. Should some of these terms and conditions be ineffective, the legal effectiveness of the remaining terms and conditions will remain unchanged.
1. Exchange of contract::
The contract between the customer and augen:merk is generated by an order issued by the customer and accepted by augen:merk. The customer order is issued by telephone, in writing through the post or via the Internet. augen:merk is accepting the offer by either issuing the customer with an order confirmation (via fax, e-mail or post) or delivering the ordered goods.
2. Refusal of acceptance::
Should acceptance of the ordered goods be refused upon delivery, augen:merk reserves the right to bar the customer from any future order without any further notice.
3. Terms of payment::
All prices on the website, as well as catalogue prices, are guidelines only and can be continually adjusted to the market. They are to be understood in Swiss Franks (CHF) incl. of VAT. Prices quoted in the shop in a different currency, only serve user friendliness and are regularly adjusted to the current exchange rate. augen:merk reserves the right for price alterations, necessary due to a change in taxes, import and export tolls, fluctuations in the exchange rate, prices of the day, etc.
Deliveries within Switzerland can be settled by bill or cash on delivery (ATTENTION: + 15.- CHF to the normal delivery costs!) Payment in advance is however requested with first orders.
With orders from abroad, the balance is to be settled in advance via Paypal or bank transfer.
In the case of late payments, we are entitled to refuse any deliveries to the customer, even those linked to a different contract. We are not to be held responsible for any eventual damages resulting from this non-delivery.
Should payment not have been received within 30 days of the date on the bill, the first reminder will be issued. A further reminder is subject to a charge.
4. Terms and conditions of delivery::
The ordered goods will be posted worldwide according to the guidelines of the Swiss Post. Deliveries abroad will be posted as a parcel. Postage costs depend upon the weight and destination of the parcel. Collection, currier orders and express deliveries are possible upon request and mutual agreement.
If in stock, goods will generally be delivered to the address indicated by the customer. All indications of delivery periods are guidelines only and as such not binding. Should the ordered goods not be in stock, we will endeavour to use the fastest possible delivery.
If in stock, goods will generally be delivered to the address indicated by the customer. All indications of delivery periods are guidelines only and as such not binding. Should the ordered goods not be in stock, we will endeavour to use the fastest possible delivery.
The buyer is entitled to withdraw from a contract, should we be unable to deliver an order due to failure of the manufacturer or of our delivery company, as long as the agreed date of delivery has been exceeded by more than 1 month. Compensation claims due to delay or inability or failure to deliver, even those issued until the withdrawal from the contract, are impossible.
Should an article be short-term out of stock, we may decide to deliver in stages, should this appear necessary for the smooth processing of the order.
The responsibility for the goods is transferred on to the customer upon postage.
A packaging fee is added to the postage costs.
4.1. Terms and conditions of delivery International::
Switzerland is not in the EU therefore customfees and VAT can be charged.
5. The right to return goods::
The customer is entitled to return an order with the receipt enclosed to augen:merk, within a period of 10 days from the receipt of the parcel, without having to state a reason. To honour the time span, it is sufficient to post the goods in time. Condition of the above is, that the goods have not been damaged by the customer or evidently used, and that the return parcel has been sufficiently franked. In the case of the wrong order of an item, the return postage costs are to be covered by the customer. augen:merk will cover the return postage costs, should an error have occurred at dispatch. augen:merk will issue a refund or if requested an exchange, if the customer returns the goods in a timely and orderly manner.
Only unused and undamaged goods can be returned.
6. Guarantee::
augen:merk guarantees its goods to be free of material flaws or manufacturing mistakes at the time of dispatch. Possible colour discrepancies between the image and the actual item are due to technology and do not constitute a mistake. Flaws in the delivered goods are to be noted in writing by the customer within 10 working days of their receipt. This time period begins upon receipt of the goods, and is guaranteed if the complaint is being handed over at a post office at the latest on the tenth day after delivery. augen:merk is entitled to deliver a perfect substitute for unsatisfactory goods within a reasonable time span. In this case, any claim for compensation is impossible. The seller is entitled to deliver an untarnished substitute to replace flawed but unused goods, within a reasonable time span. In this case, any case for compensation is impossible.
Should circumstances demand a return, the article in question has to be posted back to augen:merk with a copy of the receipt enclosed and sufficiently franked. General wear and tear is not covered by the guarantee. The guarantee becomes obsolete as soon as the customer alters the delivered goods.
7. Reservation of ownership::
Until complete payment has been received, the delivered goods remain in the ownership of augen:merk.
8. Data protection::
The customer data accrued during the order process, are used by augen:merk solely for the purpose of its own market research. It is only passed on to third party companies in as far as necessary for an efficient service.
9. Links::
augen:merk is not responsible for the contents of any off-site pages or any other sites linked from this Web Site.
10. Copyrights::
Everything you see or read on the Web Site is copyrighted and may not be used without the written permission of augen:merk (Katharina Mattioli). Words, images, photographs and illustrations displayed on the Web Site are property of augen:merk. The use of these materials is prohibited.
11. Place of contract::
The place where all services mentioned in the contract are to be met is Zurich (CH).
12. Court of jurisdiction / the law applicable::
Any disputes that could arise from the business exchange between augen:merk and the customer, are to be dealt with exclusively by the court of jurisdiction in Zurich (CH). The applicable law is the Swiss law.
augen:merk
Katharina Mattioli
Luisenstrasse 19
8005 Zurich
Switzerland |
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