Terms of service
General Terms and Conditions (T&C) of FROHSINN International AG
1. Scope
www.frohsinn.ch (the "Website") is operated by: FROHSINN International AG, Fröhlichstrasse 54, 8008 Zurich, Switzerland. These General Terms and Conditions (the "T&C") apply exclusively to all legal relationships with FROHSINN International AG (as operator of the Website). The T&C form an integral or supplementary part of all orders and purchases concluded in writing, online or in person.
The term "customer" refers to any natural or legal person who maintains a business relationship with FROHSINN International AG.
The T&C, including the terms of sale, delivery and payment, apply to the entire business relationship with our customers and are accepted in full; the customer acknowledges them as binding by confirming the corresponding button during the ordering process. By doing so, the customer expressly waives the inclusion of their own terms and conditions. Any terms and conditions of the customer shall under no circumstances become part of the contract. The T&C are available on the Website at any time.
2. Information on this Website
All offers on this Website are not to be understood as legally binding offers. When a customer places an order via the internet, email, telephone or fax, they submit a binding offer to conclude a purchase contract. FROHSINN International AG reserves the right to refuse the offer without stating reasons. A legally binding purchase contract is only concluded upon dispatch of an order confirmation by FROHSINN International AG.
FROHSINN International AG expressly reserves the right to modify, supplement or delete parts of the offering or the entire offering without prior notice.
Decorative items shown in images are not part of the offering unless specifically listed in the product description. Accessories and decorative items must be purchased separately.
The Website contains product information. Price and assortment changes as well as technical changes are reserved. All information on the Website (product descriptions, images, films, dimensions, weights, technical specifications, accessory designations and other information) is to be understood as approximate values only and does not constitute, in particular, an assurance of properties or guarantees, unless explicitly stated otherwise. Colour or texture variations in products made from natural materials and/or handcrafted products are characteristics of these products and do not entitle the customer to raise complaints. FROHSINN International AG endeavours to provide all information on this Website accurately, completely, up to date and clearly, but FROHSINN International AG provides no express or implied warranty in this regard. FROHSINN International AG does not guarantee that the listed products are available at the time of ordering. Therefore, all information regarding availability and delivery times is provided without warranty and may change at any time without notice.
3. Prices
Prices on the Website are stated as net prices in Swiss Francs (CHF) and, unless otherwise indicated, include statutory VAT, any advance recycling fees and copyright levies on electronic devices. Any shipping costs, unless otherwise provided, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately during the ordering process. The total cost of the order depends on the shipping method.
Technical changes, errors and printing mistakes are reserved. In particular, FROHSINN International AG may make price changes at any time and without prior notice. Advisory and support services are not included in the sales prices.
4. Time of Dispatch
Orders are only dispatched after full payment has been received and provided the goods are available. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered in full or in part, FROHSINN International AG is entitled to withdraw from the entire contract or from part of the contract. Should the customer's payment have already been received by FROHSINN International AG, it will be refunded to the customer. To ensure a smooth refund, FROHSINN International AG requires the customer's bank details. If payment has not yet been made, the customer is released from the payment obligation. FROHSINN International AG is not obliged to make a replacement delivery in the event of contract termination.
5. Payment Options and Retention of Title
The payment options available to the customer are those indicated during the ordering process. FROHSINN International AG reserves the right to exclude customers from individual payment options without stating reasons, or to require payment in advance.
FROHSINN International AG charges default interest of 5% per annum as well as a reminder fee of up to CHF 20.- per reminder in the event of late payment by the customer. FROHSINN International AG reserves the right to claim damages for late payment.
Products delivered to the customer remain the property of FROHSINN International AG until payment in full has been received.
6. Delivery, Duty to Inspect, Notice of Defects and Returns
Deliveries are sent by post or courier service to the address provided by the customer in the order. Deliveries are made worldwide. Risk and benefit pass to the customer upon dispatch, to the extent permitted by law.
If the delivery cannot be made or the customer refuses to accept the delivery, FROHSINN International AG may terminate the contract after sending a notice of complaint by email to the customer and setting a reasonable deadline, and may invoice the customer for the costs incurred.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify any defects for which FROHSINN International AG provides warranty without delay. This must be done in writing by email to happy@frohsinn.ch or by letter to Fröhlichstrasse 54, 8008 Zurich addressed to FROHSINN International AG.
Returns to FROHSINN International AG are at the customer's expense and risk. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the postal address specified by FROHSINN International AG: FROHSINN International AG, Fröhlichstrasse 54, 8008 Zurich.
If the notice of defects is confirmed upon inspection by FROHSINN International AG, FROHSINN International AG will reimburse the return shipping costs as well as the purchase amount. A copy of the original invoice must be provided for reimbursement of shipping costs.
If inspection by FROHSINN International AG reveals that the goods show no identifiable defects or that the defects are not covered by the warranty, FROHSINN International AG may charge the customer for the costs incurred, the return shipment or any disposal.
7. Right of Withdrawal (Right of Return)
The customer is granted a right of withdrawal within 10 calendar days of receipt of the goods. The deadline is met if the customer sends the written withdrawal by email to happy@frohsinn.ch or by letter to Fröhlichstrasse 54, 8008 Zurich to FROHSINN International AG within the deadline. No reason is required for the withdrawal.
Return shipping costs are borne by the customer.
Gift cards, vouchers, products purchased in the SALE and care products are excluded from returns.
A completed return form must be included with the return shipment. You will receive the return form with your order confirmation by email.
Return address:
FROHSINN International AG
Fröhlichstrasse 54
8008 Zurich
Switzerland
Exercising the right of withdrawal leads to unwinding of the contract. The customer must return the goods within 10 calendar days of receipt in the original packaging, undamaged and complete with all accessories and together with the delivery note to the return address specified by FROHSINN International AG in the (Legal Notice). The goods may also be returned at the FROHSINN Flagship Store. Returns to FROHSINN International AG are at the customer's expense and risk. A payment already made for the returned products will be refunded to the customer within 20 calendar days by bank transfer, provided FROHSINN International AG has already received the goods.
FROHSINN International AG reserves the right to reduce the refund proportionally in the event of deterioration of the product and for benefits derived, or to invoice the costs incurred, to the extent that the use or deterioration is attributable to handling of the product that goes beyond checking its properties and functionality. "Checking the properties and functionality" means testing and trying out the product as is possible and customary in a retail store.
No right of withdrawal is granted in the following cases:
-
If the contract concerns a movable item that is not suitable for return due to its nature;
-
If the contract concerns a movable item that is manufactured according to the customer's specifications or is clearly tailored to personal needs.
8. Warranty
FROHSINN International AG endeavours to deliver goods of impeccable quality. For defects reported in a timely manner, FROHSINN International AG provides warranty for freedom from defects and functionality of the item purchased by the customer during the statutory warranty period of generally two years from the date of delivery. For defects reported within the deadline, FROHSINN International AG provides warranty through equivalent replacement (replacement delivery) or free repair (rectification of defects). In the case of a replacement delivery by FROHSINN International AG, the original warranty period for defect claims is not extended. It is at the discretion of FROHSINN International AG to provide warranty through free repair (rectification of defects) or equivalent replacement (replacement delivery). In all other respects, the statutory warranty provisions 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 therefore require delicate handling, as the products are, among other things, sensitive to sunlight and weather conditions. FROHSINN International AG accepts no warranty for damage resulting from improper handling.
Normal wear and tear as well as the consequences of improper handling or damage caused by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the warranty. FROHSINN International AG makes no representations or warranties regarding the timeliness, completeness and accuracy of the data, nor regarding the continuous or uninterrupted availability of the Website, its functionalities, integrated hyperlinks and other content. In particular, no assurance or guarantee is given that the use of the Website does not infringe any rights of third parties that are not owned by FROHSINN International AG.
9. Liability for Links
References and links to third-party websites are not within the responsibility of FROHSINN International AG. All responsibility for such third-party websites is disclaimed. Access to and use of such websites is at the user's own risk. No liability is accepted for illegal, incorrect or incomplete content of such information and any resulting damages.
10. Liability
FROHSINN International AG excludes all liability, regardless of its legal basis, as well as any claims for damages against FROHSINN International AG and any auxiliary persons and vicarious agents. FROHSINN International AG is not liable in particular for indirect damages and consequential damages, loss of profit or any other personal, property or purely financial losses of the customer. Any further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
FROHSINN International AG uses hyperlinks solely to provide the customer with simplified access to other web offerings. FROHSINN International AG can neither be aware of the content of these web offerings in detail, nor accept liability or other responsibility for the content of such websites.
11. Intellectual Property
FROHSINN International AG retains all copyright and other rights to the Website and the content, information, images, videos and databases published via the Website ("protected property"). Any modification, reproduction, publication, transfer to third parties and/or other exploitation of the protected property without the prior written consent of FROHSINN International AG is prohibited.
12. Prohibition of Commercial Use
Any commercial use of the products offered, in particular resale to third parties, is prohibited. A person engaging in such commercial use will be excluded from the sales offered on the Website and held liable for all damages incurred by FROHSINN International AG.
13. Data Protection
Detailed information on the type, scope and purpose of the collection, processing and use of personal data required for the execution of orders by FROHSINN International AG is provided in the Privacy Policy. The Privacy Policy forms an integral part of these T&C. By accepting these T&C, the customer also agrees to the Privacy Policy.
14. Changes to the T&C
FROHSINN International AG expressly reserves the right to amend these T&C at any time and to bring them into force without notice. The current provisions are available on the Website.
15. Further Provisions
Severability clause: Should any provision of these T&C be or become invalid or void, the validity of the remaining provisions shall not be affected. In the event of invalidity or nullity of a provision of these T&C, it shall be replaced by an effective provision that 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 T&C) is governed exclusively by substantive Swiss law, to the exclusion of conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
For all disputes arising from or in connection with these T&C and the legal relationships governed thereby, including the validity, breach or termination of the contractual relationship between the customer and FROHSINN International AG, the ordinary courts of Zurich shall have exclusive jurisdiction, to the extent that the law does not provide for mandatory places of jurisdiction. FROHSINN International AG is however entitled to assert its rights before any other competent authority.
16. Contact
For questions about these T&C, please contact: happy@frohsinn.ch
Version dated 25.09.2023