Terms and Conditions (GTC)
1. Applicability and Scope
The following general terms and conditions (hereinafter referred to as "GTC") apply to all business relationships between Gabriela Fuchs (hereinafter referred to as "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for products, that are purchased via our website (hereinafter referred to as «online shop» or «website»).
The website and the online shop are operated by:
Gabriela Fuchs
Brodlaubegasse 5
8260 Stein am Rhein
UID Nr.
Telephone +41 (0)76 406 14 64
Email info@gabriela-fuchs.ch
Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Conflicting conditions of the customer are not recognized.
We reserve the right to change these terms and conditions at any time. All changes will take effect upon the posting of the new T&Cs on the website. When purchasing a product, the relevant point in time for the applicability of the valid General Terms and Conditions is the date on which the binding order was submitted to us.
Please read these terms and conditions carefully before placing a binding order. By bindingly ordering our products, you declare that you agree to the following conditions and our data protection declaration and that you are authorized to enter into legally binding contracts and are at least 18 years old.
2. Conclusion of a purchase contract
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online shop. We expressly reserve the right to change the products themselves as well as the content, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information relating to our products are for informational purposes only and are not binding on us.
The customer can make a binding order for the products he has selected via our online shop. The customer can place the products he has selected in the “shopping cart”. This does not yet count as a binding order. An order is only considered to be binding if the customer clicks on the "Order with obligation to pay" button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our terms and conditions that you accepted during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not yet result in a purchase contract. By submitting the order, you confirm that you have read the terms and conditions and agree to them without reservation. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer.
After you have placed a binding order, we are free, at our sole discretion, to either accept the order or reject it by sending you a notification to that effect by e-mail and without incurring any liability to you or any third party. Any payment already made will be refunded to you upon cancellation of the order. Reasons for refusing an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is reason to believe that the customer has breached these T&Cs, Individual Contracts, fraudulent or other criminal activities or for any other important reason.
When the order is accepted, a binding purchase contract is formed with the customer. This acceptance takes place through the dispatch of the ordered goods.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products that cannot be delivered
All information about the availability of our products and the shipping and delivery of our goods are preliminary information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipping or delivery of the goods is expressly excluded.
Our products are available while stocks last. If, while processing your order, we discover that the goods you have ordered are unavailable, we will notify you immediately. In this case, a contract for the non-deliverable goods does not come about because the ordered goods cannot be delivered.
We also reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
4. Prices and shipping costs
Our products and prices correspond to those indicated on the website. All prices are given in CHF (Swiss francs) and include the statutory value added tax (VAT). The total price of your order, including all additional and shipping costs and the VAT to be paid for the respective country, is displayed at the end of the ordering process.
With the binding order you declare that you agree to the total price for the ordered products. After the binding order, the price can no longer be adjusted.
We reserve the right to change prices at any time. The products are charged on the basis of the prices offered at the time the binding order was placed.
5. Terms of Payment/Credit Check
Orders are generally due for payment immediately.
The customer has the option of paying with the means of payment that are displayed on the website or during the ordering process. These may change from time to time and by country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (e.g. to hedge our credit risk only those according to the respective credit rating). The customer expressly authorizes us to carry out credit checks at our own discretion and, if necessary, to pass on customer data to third parties for this purpose.
With the choice of the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes us to receive or collect payments in the appropriate way. Should chargebacks occur, we are entitled to reimbursement of the associated costs and bank processing fees. Furthermore, we are not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, check the availability parameters for collection and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, we reserve the right to cancel the order and stop shipping the products. In this case we will contact you immediately.
When paying by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period specified on the invoice. If payment is not made on time, we are entitled to charge your expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate a debt enforcement, we will charge an additional processing fee of at least CHF 200.
6. Terms of Delivery
Deliveries are always made via the delivery service of Schweizerische Post AG.
The goods that you order from our online shop and that are in stock will be delivered to you within 6 to 8 working days after receipt of full payment, depending on the destination.
If the products are marked as not in stock when ordering, we will endeavor to deliver the goods as soon as possible. We do everything we can to meet the specified delivery times. However, we are not responsible for delays in delivery, regardless of the cause. We will inform you immediately about any delays in delivery.
If the performance hindrance lasts more than 4 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.
If the delivery of the goods fails through the fault of the customer despite two delivery attempts, we can withdraw from the contract. Any payments made will be refunded immediately.
7. Retention of Title
Gabriela Fuchs remains the owner of the delivered goods until they have been paid for in full.
8. Right of cancellation and return / applies to orders from the EU
For all purchases of our goods via our online shop (with the exception of certain products; cf. the cancellation restrictions below), you as a consumer have a right of cancellation within 14 days of receipt of the goods without giving reasons. You can withdraw from the contract within 14 days of receipt of the goods or a third party named by you who is not the carrier, by returning the goods to us or sending us a clear declaration of cancellation in text form (e.g. a letter sent by post, E -Mail) about your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is met if the goods or the cancellation notice are handed over to the post office or another transport company for return or dispatch on the last day. You can use the model withdrawal form, which is available at the very end of the GTC, but this is not mandatory.
The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:
Gabriela Fuchs, Brodlaubegass 5, 8260 Stein am Rhein/Switzerland
Phone +41 (0) 76 406 14 64
Consequences of revocation
If you withdraw from the contract and the goods are properly returned, we will refund the total price you paid including delivery costs (with the exception of the costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us ) immediately and no later than 14 days from the day on which we received notification of your cancellation of this contract or the goods were received by us. The repayment depends on the payment method originally used and is always made to the associated account that was used for the payment, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. Please ensure you have access to the account provided as we accept no liability in this regard.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal Restrictions
The right of withdrawal is excluded for the following contracts:
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Delivery of products that have been customized according to your own specifications or that are clearly tailored to your needs (so-called customized, customized products);
9. Notification of Defects/Warranty
We guarantee that the goods correspond to the promised properties and that they do not have any defects that would impair their value or their suitability for the intended use.
After receiving the products, the customer must immediately check them for correctness, completeness and possible damage. Errors or damage must be reported to us within 3 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it promptly, the product will be deemed approved and you will no longer be entitled to make any claims against us.
The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Products that have been damaged through the buyer's own fault (e.g. incorrect cleaning and storage of semi-precious stones and pearls) are excluded from the warranty.
The customer's warranty claims are limited to replacement delivery or the elimination of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. We decide at our own discretion whether to provide a replacement or repair. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in the event of significant defects.
To report a complaint or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
Gabriela Fuchs
Brodlaubegasse 5
8260 Stein am Rhein
The defective product must be returned to the above address with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please confirm your return and keep this confirmation, as in the event of a package loss your warranty claim cannot be processed.
10. Registration for an Account
When registering a customer account, you can view information about your completed, open and recently sent orders and manage and save your address data, any payment data and any newsletter. Since your data is saved, you do not have to re-enter it when you make a new purchase.
If you register for such an account, you are responsible for ensuring that your personal data required for registration is true and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. Gabriela Fuchs assures you that your data will be treated confidentially and not passed on to unauthorized third parties. For more information on data protection, please refer to our data protection declaration.
Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
We are under no obligation to accept any registration or order from a registered customer.
11. Complaints and Complaints
We attach great importance to customer satisfaction. You can contact us at any time using the contact information given above. We aim to consider your inquiries and complaints as quickly as possible and will contact you upon receipt of the documentation or your submission or complaint. If you have any complaints or complaints, please help us by telling us the exact problem or error signs and if necessary provide a copy of the order documents or at least provide the order number, customer number, etc. We aim to reply to you within 5 business days.
Event outside of our control
If an event occurs which is beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or late performance of any obligations arising from these GTC and the contractual relationship based on them. An event outside of our sphere of influence exists, for example, in the following cases:
strikes, lockdowns or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, Shipping, air, motor routes or other means of public or private transport.
If an event outside our control occurs that affects the performance of our obligations under the contract, we will let you know as soon as possible.
12. Privacy
We collect and process personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration under [Link], which forms an integral part of these General Terms and Conditions.
13. Copyright
The information and content published on the website is protected by copyright and is the property of Gabriela Fuchs or the respective copyright holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. Gabriela Fuchs and the corresponding rights holder expressly reserve all rights in this regard.
14. Severability Clause
Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
15. Governing Law and Jurisdiction
Only substantive Swiss law applies to these GTC, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural and legal persons is the registered office of the company
These provisions only apply if there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.
If you want to revoke the contract, you can do so using the template below and send it by email or post to the following address:
Gabriela Fuchs
Brodlaubegass 5, 8260 Stein am Rhein
sample
I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods:
___________________________________________________________________________
Bestellt am: _cc781905- 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b -136bad5cf58d_ _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ _cc781905-5c de-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b -136bad5cf58d_ Received on:
_______________________________ _cc781905-5cde-3194- bb3b-136bad5cf58d_ _cc781905- 5cde-3194-bb3b-136bad5cf58d_ ___________________________________
Name of consumer(s)*:
Address of consumer(s)*:
Place and date:
Unterschrift des/der Verbraucher(s)*: _cc781905-5cde- 3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194 -bb3b-136bad5cf58d_
(*) Delete where not applicable
[1]Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons who act outside of their commercial, business, craft or professional activity.