GENERAL TERMS AND CONDITIONS
Our terms and conditions of business and delivery
1. scope of application
The present general terms and conditions (hereinafter referred to as AGB) regulate conclusion, content and handling of contracts between Kustomstyle.ch (hereinafter referred to as Kustomstyle.ch) and its customers (hereinafter referred to as customer) in connection with the sale of goods through the web shop Kustomstyle.ch.
2.1 Conclusion of contract and right of withdrawal for Switzerland
2.1.1 The presentation of the products in the online shop Kustomstyle.ch is not a legally binding offer, but a non-binding online catalog. By clicking the button "Order" you place a binding order for the goods contained in the shopping cart. The confirmation of the entrance of your order takes place together with the acceptance of the order immediately after sending by automated E-Mail. With this e-mail confirmation the sales contract has come about.
2.1.2 The customer has the right to revoke his order within 7 days in writing (electronically, on paper). The customer bears the costs of returning the goods.
2.1.3 A revocation is excluded if the goods are no longer originally packed and opened (unsealed) or used.
2.2 Conclusion of contract and right of revocation for the EU
2.2.1 The presentation of the products in the online shop Kustomstyle.ch is not a legally binding offer, but a non-binding online catalog. By clicking the button "Order" you place a binding order for the goods contained in the shopping cart. The confirmation of the entrance of your order takes place together with the acceptance of the order immediately after sending by automated E-Mail. With this e-mail confirmation the sales contract has come about.
2.2.2 Cancellation Policy
right of withdrawal
You can revoke your contractual declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under § 312c para 2 BGB in conjunction with § 1 para 1, 2 and 4 BGB-InfoV and our obligations under § 312e para 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to:
Kustomstyle, Perillo Steinbruchstr.21 8810 Horgen, E-Mail: info@ Kustomstyle.ch
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods or services received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent by parcel post are to be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
3 Delivery of the ordered goods
3.1 Kustomstyle.ch can deliver the individual goods only while stocks last. Kustomstyle.ch is entitled to partial deliveries. Subsequent deliveries are made immediately upon arrival of the goods.
3.2 In case of delivery disruptions due to circumstances over which Kustomstyle.ch has no control, such as strike, lockout, material failure, transport or business interruption at the manufacturer, lack of delivery readiness of our suppliers or transport problems, Kustomstyle.ch is entitled to cancel confirmed orders. In this case, the customer is entitled to a refund of any purchase price payment made; further claims are excluded.
3.3 The goods shall be delivered to Switzerland, Liechtenstein and EU countries.
The prices of the products and services of Kustomstyle.ch are net in Swiss francs (CHF), and shipping costs in Switzerland and Liechtenstein.
The customer can choose between payment by credit card/PayPal (Visa, Eurocard/Mastercard/Amex etc.), prepayment, and invoice (Switzerland only).
6. warranty and liability
6.1 The responsibility for the selection, configuration, use and application of products, as well as the results achieved with them, lies with the customer or the customer of the products, i.e. the end customer. The customer acknowledges that kustomstyle.ch does not carry out any incoming inspections of the products supplied by manufacturers or suppliers. If the delivery is incomplete, kustomstyle.ch will deliver as soon as possible. A criticism of the delivery for any reason does not release the customer from the payment of the invoice of the kustomstyle.ch agreed payment period. If the customer is exceptionally entitled to a right of return e.g. due to a concrete agreement with kustomstyle.ch, the customer is only entitled to a refund of the purchase price if the products have arrived at kustomstyle.ch in their original packaging and in a resalable condition.
6.2 kustomstyle.ch does not guarantee the products delivered by you. The customer is exclusively entitled to a possible manufacturer's factory warranty, which is to be asserted directly to the manufacturer or to the body designated by them. The customer can also demand from kustomstyle.ch the assignment of any warranty claims against third parties, whereby such claims are to be asserted by the customer on his own account and risk. Further claims of the customer are excluded.
6.3 The customer acknowledges that, due to the applicable warranty provisions of the manufacturer, the warranty is usually limited to repair or replacement of the defective/defective products at the discretion of the respective manufacturer/supplier and that no repair attempts have been made by third parties.
7. final provisions
7.1 kustomstyle.ch may change these General Terms and Conditions at any time.
7.2 Should one or more of these provisions be invalid or ineffective, the validity of the remaining provisions remains unaffected. kustomstyle.ch replaces the invalid or ineffective provisions with economically equivalent legal provisions. The same applies to the filling of any gaps in the contract.
7.3 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Zurich. kustomstyle.ch is entitled to sue the customer at his ordinary place of jurisdiction.
7.4 The individual contracts as well as the General Terms and Conditions are exclusively subject to Swiss law with the express exclusion of norms of international treaties, in particular the Vienna Convention on Contracts for the International Sale of Goods.
Horgen, 30 December 2018 / Version 1.0