General Terms and Conditions
Individual Company Stempelgarten, Alexandra Härtenstein – Klemm
By placing a binding order, leading to a payment liability through the basket of our shop, a purchase contract is concluded between us, the seller, (Stempelgarten, Alexandra Härtenstein-Klemm) and you, the buyer (hereinafter called «customer» or «you»), whose name and address is mentioned in the e-mail order. By setting the checkmark in the respective input box, the customer takes note of his withdrawal right and accepts these general terms and conditions. After entry of the order, the customer will receive an order confirmation.
The prices on the order form are the only relevant prices, as well as any additional fees and VAT (if applicable) mentioned therein. In case of international deliveries, customs duties, VAT and other fees or taxes, as applicable in the respective country, are at the customer`s expense and are not separately indicated in the order form where will be mentioned only that costs of packing and delivery will be added and that the actual costs will be agreed with the customer after completion of the order after the customer`s decision on his preferred packing and delivery method.
New customers can only pay in advance. After the fifth order, your status is that of a regular customer and you have the option to pay by invoice. Payment must be received within 14 days after receipt of the invoice by e-mail. In case of invoice payments and multiple delays, we reserve the right to request advance payment for all future orders. In this case we will inform you in advance.
The bank details will be provided to the customer in the invoice. Basically, there are the following options:
For customers in Switzerland:
- Payment by bank transfer/E-Banking to a Swiss bank account
- Cash payment at post office counter; all thereby incurred costs are at customer`s expense. In our webshop at completing the order form, you have the choice between bank transfer/E-banking or cash payment. On the order form you will be informed that these additional fees will be charged. If cash payment is chosen, the incurring costs will be charged in the invoice. If you have chosen "bank transfer" but instead pay «cash» at the post office, the incurring costs will be invoiced subsequently.
For customers outside Switzerland:
- Payment by bank transfer to an Euro bank account (German account in Euro).
- Cash payment upon collection / pick up of goods.
- Payment by PayPal incl. paypal fees of CHF 0.55/EUR 0.35 (basic fee) + 3.9% (additional fees).
Conditions of delivery: Switzerland and international
Normally, we will ship the ordered goods within two (2) weeks after receipt of the order. We only charge the actual shipping costs as well as packing charges which will be invoiced depending on the size of the delivery. We ship with Swiss Post. Orders which are paid by Paypal, are exlusively delivered as a package (in Switzerland) and by registered mail (international).
Free packing & delivery charges
Swiss customers: for purchases exceeding CHF 150 (before application of possible discounts) we deliver free of packing and delivery charges. Attention: The order value of 150 CHF must be reached without used goods.
International customers: for purchases exceeding EUR 130 (before application of eventual discounts) we deliver free of packing and 50% of delivery charges. Attention: The order value of EUR 130 must be reached without used goods.
Passing of ownership and risk
The ownership and the risk for loss, damage or destruction of the goods shall pass to the customer when he - or a third party indicated by him other than the carrier - has acquired the physical possession of the goods. However, the ownership and risk shall pass from us to the customer upon delivery to the carrier if the carrier was commissioned by the customer to carry the goods.
Out of Stock items
We will inform the customer if ordered goods are out of stock. If possible, out of stock goods can be re-ordered on customer demand and may be delivered at a later date.
We warrant that the purchased goods are free from defects and contractually compliant at the delivery and – if the defect or incompliance was not apparent at delivery or could not reasonably have been detected through careful inspection - for a period of two (2) years since receipt of the delivery by the customer. This applies as far as legislation in the country of delivery does not provide a longer warranty period.
The customer is entitled to request from us the remedy of the goods free of cost and – if this is not feasible or would be disproportionate – a new delivery of flawless goods free of charge. If such new delivery is not feasible or disproportionate in relation to the defect or non-compliance, the customer is entitled to a reduction of the purchase price or, if the goods are unusable, a refund.
The customer is responsible to notify and prove the deficiency or non-compliance of the goods. He is obliged to inform as soon as possible after discovery of the defect or non-compliance providing the reasons including proof (e.g. a photo). We are entitled to request further proof.
RIGHT OF WITHDRAWAL
You, as our customer, have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or – in case of a contract relating to delivery of goods consisting of multiple lots or pieces – of the last lot or piece.
To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement by e-mail or letter to the following address:
Individual Company Stempelgarten
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to the address mentioned above without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before expiration of the 14 day period. You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from your handling other than what is required by the nature, characteristics and functioning of the goods.
As far as legally permitted, we are liable for direct damages in case of gross negligence or intent, however limited to twice the value of the order resp. the purchased goods. Liability for lost revenue, lost contracts, futile efforts and other indirect damages are excluded in any case.
This limitation does not apply on the product liability applicable in the country of delivery and on personal injuries.
Order of contractual documents
In case of contradictions between the content of the order form and these general terms and conditions, the order form shall prevail.
In case of contradictions between the English and the German version of this general terms and conditions, the German version shall previal.
Applicable Law and Jurisdiction
Prior to starting legal proceedings, the parties are obliged to at least one out-of-court settlement meeting which may also take place by skype or telephone or exchange of e-mails.
Exclusive Place of jurisdiction for customers with Swiss domicile or seat, shall be in CH-8340 Hinwil. Subject to mandatory statutory rules at the domicile or seat of the customer, Swiss law shall apply on this contract.