GENERAL TERMS AND CONDITIONS
General Terms and Conditions (GTC) of store.frohsinn
1. scope of application
www.shop.frohsinn.ch (the "Website") is operated by: FROHSINN International AG, Fröhlichstrasse 54, 8008 Zurich, Switzerland. All legal relationships with FROHSINN International AG (as operator of the Website) are governed exclusively by these General Terms and Conditions (the "GTC"). The GTC form an integral or supplementary part for all orders and purchases concluded in writing, online or in person.
The term "Customer" is used below to refer to any natural person or legal entity that enters into an agreement with FROHSINN International AG maintains business relations.
The GTC, including terms and conditions of sale, delivery and payment, apply to the entire business relationship with our customers and are comprehensively accepted and the customer acknowledges them as binding for him by confirming the corresponding button during the order process. By doing so, the customer expressly waives the inclusion of his own terms and conditions. Any business relations of the customer shall in no case become part of the contract. The GTC can be accessedon thewebsite atany time.
2.Information on this website
All offers on this website are not to be understood as a legally binding offer. If the customer places an order via internet, email, telephone or fax, he makes a binding offer to conclude a sales contract. FROHSINN International AG reserves the right to reject the application without giving reasons. A legally binding purchase contract is not concluded untilFROHSINN International AG sends an order confirmation.
FROHSINN International AG expressly reserves the right to change, supplement or delete parts of the offer or the entire offer without prior notice.
Decorative items shown in the pictures are, where not mentioned by name in the description of the goods, not part of the offer. Accessories and decorative items are to be purchased separately.
The website contains product information. Prices and assortment as well as technical changes are subject to change. All information on the website (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory designations and other information) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. Deviations in color or structure of products made of natural materials and/or handmade products are characteristics of these products and in particular do not entitle to complaints. FROHSINN International AG makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly laid out. FROHSINN International AG neither expressly nor implicitly guarantees this. FROHSINN International AG gives no guarantee that the products listed will be available at the time the order is placed. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time and without notice.
3. prices
The prices quoted on the Website are net prices in Swiss francs (CHF) and include, unless otherwise stated, the statutory value added tax, any advance recycling fees (VRG) and copyright levies for electronic equipment. Shipping costs, if any, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process. The total cost of the order depends on the shipping method.
Technical changes, errors and misprints are reserved. In particular FROHSINN International AG may make price changes at any time without prior notice. Consulting and support services are not included in the sales prices.
4.Time of shipment of goods
Orders will be shipped only after full payment has been received and if the goods are available. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, FROHSINN International AG is entitled to cancel the order. FROHSINN International AG is entitled to withdraw from the entire contract or from one part of the contract. If the customer's payment has already been received by FROHSINN International AG the payment will be refunded to the customer. To ensure a smooth refund, FROHSINN International AG requires the customer's bank details. If no payment has been made, the customer will be released from the obligation to pay. FROHSINN International AGis not obligated to make a replacement delivery in the event of a contract cancellation.
5.Payment options and retention of title
The customer may use the payment options indicated in the order process. FROHSINN International AG reserves the right to exclude customers from individual payment options or to insist on prepayment without giving reasons.
FROHSINN International AG charges default interest of 5% per year and a reminder fee of maximum CHF 20 per reminder in case of late payment by the customer. FROHSINN International AG reserves the right to claim damages for delay.
The products delivered to the customer shall remain the property of FROHSINN International AG.
6.Delivery, duty to inspect, notice of defects and return
Deliveries are sent by mail or courier service to the address specified by the customer in the order. Deliveries are made worldwide. With the shipment, benefit and risk are transferred to the customer, to the extent permitted by law.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, then FROHSINN International AG can cancel the contract after a notice of complaint by email to the customer and setting a reasonable deadline, as well as charge the costs for the inconvenience.
The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which FROHSINN International AG guarantees, immediately in writing by letter or email to the address in the (●Imprint).
Returns to FROHSINN International AG shall be made for the account and at the risk of the customer. The customer must return the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the address indicated by FROHSINN International AGspecified postal address in the (●Imprint).
If the inspection by FROHSINN International AGthat the goods do not have any detectable defects or that these are not covered by the warranty, then FROHSINN International AG may charge the customer for the expenses, the return shipment or the possible disposal.
7.Right of withdrawal (right of return)
The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is considered to be met if the customer sends the written revocation by email to sales@frohsinn.ch or by letter to Fröhlichstrasse 54, 8008 Zurich within the deadline to FROHSINN International AG within this period. The revocation does not require any justification.
The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 10 calendar days of receipt in their original packaging, undamaged and complete with all accessories and together with the delivery bill to the address specified by FROHSINN International AG specified return address in the (●Imprint). Returns to FROHSINN International AG shall be made for the account and at the risk of the customer. Any payment already made will be refunded to the customer in cash or by bank transfer within 20 calendar days, provided that FROHSINN International AG has already received the goods back.
FROHSINN International AG reserves the right to proportionately reduce the amount of the price refund in the event of deterioration of the product and for benefits derived or to charge for the costs incurred, insofar as the use or deterioration is due to handling of the product that goes beyond the testing of the properties and functionality. By "testing the properties and functionality", the testing and trying out of the product is to be understood, as it is possible and usual, for example, in a retail store.
In the following cases no right of withdrawal is granted:
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If the subject of the contract is a movable item which, due to its nature, is not suitable for return;
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If the object of the contract is a movable item that is manufactured according to the customer's specifications or is clearly tailored to personal needs.
8.Warranty
FROHSINN International AG shall endeavor to deliver the goods in perfect quality. In case of defects notified in time FROHSINN International AG warrants the goods purchased by the customer to be free from defects and to be in good working order for the statutory warranty period of generally two years from the date of delivery. In the case of defects notified in due time FROHSINN International AG by replacement of equal value (replacement delivery) or repair free of charge (rectification of defects). In the event of a replacement delivery by FROHSINN International AG, the original warranty period for defect claims shall not be extended. It is at the discretion of FROHSINN International AG to provide the warranty by means of free repair (rectification of defects) or equivalent replacement (substitute delivery). In all other respects, the statutory warranty provisions shall apply unless expressly agreed otherwise. Further claims are excluded. In particular, FROHSINN International AG points out that the leather goods offered are natural products and accordingly require delicate handling, as the products are, among other things, sensitive to sun and weather. FROHSINN International AG does not assume any warranty for damages resulting from improper handling.
Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty. FROHSINN International AG makes no representations or warranties as to the timeliness, completeness or accuracy of the data or as to the continuous or uninterrupted availability of the website, its functionalities, integrated hyperlinks or other content. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by FROHSINN International AG are.
9.Liability for links
References and links to third-party websites are not the responsibility of FROHSINN International AG. Any responsibility for such third party websites is discarded. Access to and use of such websites is at the user's own risk. FROHSINN International AG is not liable for illegal, incorrect or incomplete contents of such information and any damages resulting therefrom.
10.Liability
FROHSINN International AG excludes all liability, irrespective of its legal basis, as well as claims for damages against FROHSINN International AG and any auxiliary persons and vicarious agents. FROHSINN International AG shall in particular not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
FROHSINN International AG uses hyperlinks only for the purpose of facilitating the customer's access to other websites. FROHSINN International AG can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of such websites.
11 Intellectual Property
FROHSINN International AGretains all copyrights and other rights tothe website and the content, information, images, videos and databases published viathe website ("protected property"). Any modification, reproduction, publication, disclosure to third parties and/or other use of the Protected Property without the prior written consent of FROHSINN International AGis prohibited.
12. prohibition of commercial use
Any commercial use of the products offered, in particular resale to third parties, is prohibited. A person who engages in such commercial use will be excluded from the sales offered on the website and will be held responsible for any damages incurred by FROHSINN International AG.
13. data protection
FROHSINN International AG provides detailed information on the type, scope and purpose of the collection, processing and use of the personal data required for the execution of orders in the data protection declaration [● hyperlink leading directly to corresponding website]. The data protection declaration is an integral part of these GTC. By accepting these GTC, the customer also agrees to the privacy policy.
14 Changes to the GTC
FROHSINN International AG expressly reserves the right to change these GTC at any time and to put them into effect without notice. The respective current provisions can be found on the website.
15. further provisions
Severability clause: Should any provision of these GTC be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. In the event of the invalidity or nullity of any provision of these GTC, such provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision.
The contractual relationship between the customer and FROHSINN International AG (including these GTC) shall be governed exclusively by Swiss substantive law to the exclusion of conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
All disputes arising out of or in connection with these GTCs and the legal relationships arising thereunder, including the validity, breach or termination of the contractual relationship between the customer and FROHSINN International AG, shall be subject to the exclusive jurisdiction of the ordinary courts of Zurich, unless the law provides for mandatory places of jurisdiction. However, FROHSINN International AG is authorized to assert its rights also before any other competent authority.
16. contact
If you have any questions about these GTC, please contact: sales@frohsinn.ch
Version from 21.06.2022
