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General Business Terms of
Home Art & Sales Services AG

 

Applicability of the General Business Terms and Contract Conclusion

1. The legal relations created through this Web-Shop between the manager of the store (hereinafter called “Zepter”) and a consumer (hereinafter called the “client”) shall be exclusively subject to the following General Business Terms, as applicable at the time of order.

2. A “Consumer”, within the meaning of the present business terms, shall be any natural person who performs a legal operation for a purpose which is unrelated to its commercial operations or its freelancer activity.

3. The following provisions regarding the conclusion of the contract shall be applicable to the orders placed through the Web-Shop https://shop.zepter.ch.

4. In case of contract conclusion, such contract shall be signed with Home Art & Sales Services AG, Sihleggstr. 23, CH-8832 Wollerau, Switzerland.

5. The presentation of the products in Zepter Web-Shop is not a contract offer with binding legal effects, but only a product catalogue aimed at informing the client, without assuming any obligations regarding the variety of the products offered by Zepter, the client having the possibility to place electronic orders. Any responsibility regarding the accuracy, timeliness and completeness of the content elements published on this Web page is hereby declined. Zepter reserves the right to modify, integrate, cancel the content elements on this Web
page, or to completely suspend their publication. Due to the differences in the representation on the screen, the colours of the products may be different from the original colours.

6. Through the order, the client submits a binding offer on their behalf, for the conclusion of a sale purchase contract related to the products added to their shopping cart. An order shall be placed following the completion of the order procedure provided by Web-Shop and the sending of the order, by clicking on “Order and payment“.

7. The contract shall be deemed concluded at the time when the client receives an express acceptance declaration sent by Zepter. Zepter declares its acceptance by sending a shipping confirmation to the client by e-mail or by the delivery of the ordered products.

8. Zepter reserves the right to refuse an order for the following reasons:
– The ordered product is not available for delivery.
– The payment was not possible / lack of payment right.

9. The prices specified at the time when the order is placed shall be applicable. All prices are final prices, in Swiss Francs (CHF), including the Value Added Tax, as per the legal provisions in force. Zepter reserves the right to modify the prices in Web-Shop, without any prior notice.

10. The Web-Shop online offer is intended exclusively for the persons having their domicile or residence in Switzerland or Liechtenstein. Zepter sells its products exclusively to clients aged 18 and above.


Delivery Conditions

11. The delivery shall be made by post, usually within 14 days from the receipt of payment. If the delivery term is exceeded, this shall not release the client from their obligation to make the purchase.

12. The delivery shall be made by post, for a fee of CHF 10. The delivery shall be free for orders exceeding CHF 100.

The products are shipped exclusively to Swiss addresses.

In case of non-availability of the ordered products, Zepter reserves the right not to deliver the products.


Payment

13. The client has the possibility to pay using a credit card. Zepter is authorised, based on the result of the solvency verification and order value, to limit the payment methods available for its client or to refuse the order / delivery.


Warranty

14. Zepter offers the client the warranty provided by the applicable norms in Switzerland, for a period of 24 months, starting with the date when the products are received. An additional warranty shall be applicable for the products delivered by Zepter, provided that it is expressly stated in the product description.

15. The warranty shall not be applicable in case of any flaws due to the wear and tear of the parts or improper use.

16. After the product reception, the client has the obligation to promptly notify any ascertained flaws. If the client receives the products in a damaged condition, such aspect shall be notified in writing to the delivery company.

17. In case of malfunctions, Zepter has the possibility to choose between repairing the products delivered or replacing them with other products having the same characteristics as the ones sold under the present contract. The products replaced shall be become the seller’s property.


Withdrawal Right

18. The client is entitled to written withdrawal from the sale purchase contract, within 14 days, without stating the reasons for such withdrawal and without paying any penalties. Such right may be exercised starting with the date of reception of the products by the client. The products must be shipped in an unused condition.

19. If the client withdraws from the sale purchase contract within such term, the parties have the obligation to pay for the services received. If the products were already used by the client, a pro-rata fee shall be paid to Zepter.

20. The cost of withdrawal shall be incurred by the client.

21. The withdrawal shall be notified in writing, to the following address:

Home Art & Sales Services AG, Sihleggstr. 23, CH-8832 Wollerau, Switzerland
info@incoman.com
Fax: +41 43 888 24 97


Ownership Right

22. Zepter shall remain the owner of the products, until the full payment of all credit amounts.
 

Data Protection Statement

23. Zepter hereby undertakes to comply with the general legal provisions regarding data protection and safety. The client’s data shall be kept confidential and used exclusively for the purpose of the present contract.

24. The client hereby agrees that Zepter may communicate their data to the members of Zepter International Group, for advertising purposes. The client has the right to request information and/or the cancellation of their data.


Governing Law and Court Having Jurisdiction for the Settlement of Disputes


25. The present sale purchase contract shall be governed by the Swiss law, except for the nonbinding clauses provided by the federal law, pursuant to the international private law (IPRG).

26. Should any of the provisions of these General Business Terms be null, the other provisions shall remain in full force and effect. The contractual partners undertake to replace the null provision with a valid one, the economic effect of which comes as close as possible to that of the invalid provision.
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