Scope
The following General Terms and Conditions (AGB) apply to all orders placed via our website. The offer on this website is directed exclusively at natural and legal persons resident in Switzerland (hereinafter referred to as “Customer”).
www.antonieemma.ch reserves the right to change these terms and conditions at any time. The version of these terms and conditions that is valid at the time of the order is authoritative and cannot be changed unilaterally for this order. Any terms and conditions of the customer that are contrary to or deviate from these GTC are not recognized.
The operator of this Internet presence is www.antonieemma.ch (>Link Imprint).
Information on this website
The website www.antonieemma.ch contains information about products and services. We reserve the right to make changes to prices and product range as well as technical changes. All information on www.antonieemma.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) is for illustration purposes only and is to be understood as approximate values and is not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. www.antonieemma.ch makes every effort to provide all data and information on this website correctly, completely, up-to-date and clearly arranged, but www.antonieemma.ch cannot guarantee this either explicitly or implicitly.
All offers on this website are non-binding and are not to be understood as a binding offer.
www.antonieemma.ch cannot guarantee that the listed products are available at the time of ordering. Therefore, all information regarding availability and delivery times are without guarantee and are subject to change at any time and without notice.
Prices
The sales prices stated on www.antonieemma.ch represent final prices and include, unless otherwise noted, the statutory value-added tax and any other statutory charges such as advance recycling fees (VRG) or copyright fees for electronic equipment. The prices are quoted net in Swiss Francs (CHF).
Unless otherwise provided, any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and misprints are reserved. In particular, www.antonieemma.ch can make price changes at any time and without prior notice. Consulting and support services are not included in the sales prices.
Contract conclusion
The products and prices on this website are non-binding offers.
With the order over this web page including the acceptance of these general trading conditions the customer delivers a legally binding offer for the conclusion of a contract. www.antonieemma.ch sends thereupon an automatic order entrance confirmation by email, which confirms that the offer of the customer was received by www.antonieemma.ch. Orders placed are binding for the customer. If not otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as www.antonieemma.ch sends a declaration of acceptance by email confirming that the ordered products or services have been dispatched.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If it turns out that the ordered goods can not or not completely be delivered, www.antonieemma.ch is entitled to not or only partially accept or execute the order. In such a case www.antonieemma.ch will inform the customer by email. If the customer’s payment has already been received by www.antonieemma.ch, the payment will be refunded to the customer. If no payment has been made yet, the customer is released from the obligation to pay.
Payment options and retention of title
The customer has the payment options indicated in the order process at his disposal.
www.antonieemma.ch reserves the right to exclude customers without giving reasons from individual payment options or to insist on prepayment.
www.antonieemma.ch can charge interest on arrears of 5% per year as well as a reminder fee of a maximum of CHF 20.00 per reminder in the event of the customer’s default of payment.
The products delivered to the customer remain the property of www.antonieemma.ch until full payment has been received.
Delivery, obligation to check, notice of defects and return
Deliveries are sent by mail or courier service to the address indicated by the customer in the order.
www.antonieemma.ch tries to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are not binding. www.antonieemma.ch is entitled to make partial deliveries. In this case the shipping costs will be charged to the customer only once.
The dispatch of the invoice, as far as delivery against invoice is offered, takes place after choice of www.antonieemma.ch by email or by post.
If the delivery is not deliverable or if the customer refuses the acceptance of the delivery, www.antonieemma.ch can dissolve the contract after a notification by email to the customer and under adherence to an appropriate respite as well as charge the costs for the activities.
The customer is obligated to check the delivered goods immediately after receipt of the delivery and to report any defects for which www.antonieemma.ch provides warranty immediately in writing by letter or email to the address in the imprint (>link).
Returns to www.antonieemma.ch are at the expense and risk of the customer. The customer has to send the goods in original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address given by www.antonieemma.ch in the imprint (>Link).
If the examination by www.antonieemma.ch shows that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, www.antonieemma.ch can charge the customer for the work, the return or the possible disposal.
Right of withdrawal
The customer is granted a right of withdrawal during 10 calendar days after receipt of the goods. The deadline is deemed to be met if the customer sends the written revocation by email or letter (address according to imprint, >link) within the deadline to www.antonieemma.ch. The revocation does not require a reason.
The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 10 calendar days in original packaging, complete with all accessories and together with the delivery bill to the return address given by www.antonieemma.ch in the imprint (>Link). Returns to www.antonieemma.ch are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if www.antonieemma.ch has already received the goods back.
www.antonieemma.ch reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to charge the customer for the same.
In the following cases no right of revocation is granted:
- If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence;
- If the contract involves a movable item which is not suitable for return due to its nature or which can spoil quickly;
- If the contract concerns a movable item that is manufactured according to the customer’s specifications or is clearly tailored to personal needs;
- If the subject of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be fulfilled immediately and completely by both parties;
- If the subject of the contract is a service and the contract is to be completely fulfilled by the Provider with the prior express consent of the Customer before the withdrawal period has expired.
- In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the Provider undertakes, upon conclusion of the contract, to provide the services at a certain time or within a precisely specified period of time.
Warranty
www.antonieemma.ch strives to supply goods in perfect quality. In the case of defects notified in due time, www.antonieemma.ch guarantees that the item purchased by the customer is free of defects and functional during the statutory warranty period of usually two years from the delivery date. It is at the discretion of www.antonieemma.ch to provide the warranty by free repair, equivalent replacement or refund of the purchase price. Further warranty rights are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties as well as defects that are due to external circumstances are not covered by the warranty. Likewise, the warranty for consumables and wearing parts (e.g. batteries, accumulators, etc.) is excluded
www.antonieemma.ch it is not possible to give any assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties who are not in possession of www.antonieemma.ch.
Liability
www.antonieemma.ch excludes any liability, regardless of its legal basis, as well as claims for damages against www.antonieemma.ch and against possible auxiliary persons and vicarious agents. www.antonieemma.ch is in particular not liable for indirect damages and consequential harm caused by a defect, lost profit or other personal, material or pure financial damages of the customer. The right is reserved to a more extensive mandatory legal liability, for example for gross negligence or unlawful intent.
www.antonieemma.ch uses hyperlinks only for the simplified access of the customer to other web offers. www.antonieemma.ch can neither know the contents of these web offers in detail nor assume liability or other responsibility for the contents of these web pages.
Data protection
www.antonieemma.ch may process and use the data recorded in the course of the conclusion of the contract to fulfill the obligations arising from the purchase contract and may use it for marketing purposes. The data necessary for the fulfillment of services may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection regulations are available in detail under the following link: (>Link data protection)
Partial invalidity
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Further provisions
www.antonieemma.ch expressly reserves the right to change these terms and conditions at any time and to put them into effect without notice.
In the event of disputes, only Swiss substantive law shall apply, excluding conflict of laws provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
Place of jurisdiction is the seat of antonieemma.ch.
Contact
If you have any questions regarding these terms and conditions, please contact us: (see imprint)
(Version November 25, 2020)
