Monica Bachmann (hereinafter referred to as "MB" or the "Company"), site manager of www.monicabachmann.com (hereinafter the "Site") recommends that these terms and conditions (“T&C”) be carefully read before making any purchase orders.
The conditions provided hereunder govern the sale and delivery of products from the website www.monicabachmann.com (Site Powered by Snds) to customers who visit the Site and / or place orders (“Customer/s”). The submittal of an order by the Customer implies the acceptance of these T&C. MB may subsequently modify these conditions in the future by informing the Customer through the medium of a notice that will be published on the Site.
By accepting these T & C and placing an order, the Customer declares: 1. To have read, understood and fully and unreservedly accepted these T & C; 2. To be the end user and to have purchased the products offered on the Site for the sole purpose of personal use and not in order to resale the products in the context of commercial activities or businesses of any nature; 3. To authorize MB to store, process and transfer to third parties that may have an interest therein, personal data contained in the order that was necessary for the execution of the latter; 4. To accept that the products he or she receives may not correspond exactly to the descriptions, specifications and photos contained in the Site. MB is entitled to withdraw from any involvement in the event of obvious errors or inaccuracies concerning goods or orders that appear on the Site. Warning: the standard procedure shall be considered as not finalized in a positive way if difficulties arise regarding delivery to the provided address. In this case, the Customer will be asked to make direct contact in order to find an alternative way of proceeding.
The sales agreement between MB and the Customer is understood as finalized once a confirmation message of the order is sent to the e-mail address provided by the Customer. In the event that a given product ordered by the Customer is no longer available, MB will have no obligation to provide such product, but will only be required to inform the Customer of such circumstance. In the event only a part of the goods mentioned in the order is available, MB will contact the Customer in order to ask if he intends to cancel the order or, instead, desires to receive only the products that are available; in this case the Customer will only be charged the amount due for the products that he receives. See section "Orders and Delivery" for details on how to make a purchase. The payment shall be made by the Customer upon confirmation of the shipment, and via payment methods specified in the relevant section of the Site. See section "Secure payments" for details on the payment methods The Prices of the products are clearly specified in the Site, expressed in CHF, and are inclusive of Swiss VAT. For deliveries to foreign countries, taxes of the country of destination shall apply. Shipment costs shall be added to the price of the product. Data regarding the price and availability indicated on the Site may be modified without prior notice. MB shall do everything possible in order to guarantee adjourned prices. Shipment and delivery costs may vary depending on the country, and shall be charged to the Customer upon the shipment of the products that have been ordered on the basis of applicable shipment tariffs specified in the relevant section of the Site. For shipments to foreign countries, possible extra costs and custom duties including applicable taxes shall be charged to the Customer.
MB shall deliver the purchased products to the address provided in the order. The delivery times specified on the Site are estimates that are based exclusively on availability, on standard processing of data and on delivery times as declared by carriers. The availability of every product is mentioned in the dedicated page on the Site. MB may deliver the products that are requested in a single order through more shipments, and anyway charge only the costs for the first shipment. See section “Orders and delivery” for details regarding payment methods.
All products sold by MB are covered by a lack of conformity legal guarantee for a period of 24 months. The Customer must examine the state of the consigned product, and, in the event of defects that render the latter unfit for use, notify MB immediately. In order to benefit of assistance, the Customer will have to retain the invoice and all shipment documents that were received along with the purchased goods. Invoices regarding purchases may be easily extracted from the Site by entering the reserved area. 1. Before returning to MB any defective products, the Customer must request an authorization to return the products, by directly informing MB via email. MB will provide to recollect the product at his own expense. 2. The Customer must return the product in its original packaging, with all its parts (including packaging, all documentation and accessories) so to avoid damage. In order to limit damage to the original packaging, it is advisable to put it in a second box; the direct application of adhesive-labels or tape on the original product packaging, should be avoided; 3. Upon receipt of the product and verification of the alleged defects, MB will send the Customer an email of confirmation accepting the return. 4. In the event of MB being able to submit the same or a similar product (with reference to style and value), with the consent of the Customer, MB will provide to the substitution by submitting a new product. Otherwise MB will initiate the reimbursement procedure in favor of the Customer of the amount paid for the defective product. The reimbursement of such amounts shall be always performed in favor of the Customer who made the payment and with the same payment methods chosen by the Customer. With the exception of the aforementioned guarantee, MB excludes every and any liability (contractual or tort) regarding the Customer, within the limits of mandatory applicable regulations. MB’s maximum aggregate liability can under no circumstances exceed the amount paid by the Customer for purchasing the goods. MB shall not be liable for damage compensation deriving from any delays in the repairs or replacements of products under warranty.
In the case of a part of the clauses contained in these Terms and Conditions being for any reason invalid or unenforceable, the validity and efficacy of the remaining Terms and Conditions shall remain intact.
Applicable law and Jurisdiction
These Terms and Conditions are subject to Swiss law.
Any disputes arising will be settled exclusively by the competent court of Lugano.