Last updated: November 22, 2018
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://spheni-switzerland.com website (the “Service”) operated by Spheni Switzerland by Carolina Newton (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Scope
The webshop’s general terms and conditions (hereinafter referred to as the “Spheni E-Shop”) apply to all legal transactions conducted by Spheni Switzerland by Carolina Newton (hereinafter referred to as “Spheni Switzerland”) through the webshop.
The Spheni E-Shop shall be deemed to have been accepted by customers on ordering goods or services. The version valid at the time the order is placed is decisive. Any general conditions of purchase or different terms and conditions assumed by the customer are explicitly excluded.
Spheni Switzerland reserves the right to change the Spheni E-Shop at any time.
2. Information on products, prices, availability and delivery times
Pictures of products in advertising, brochures, online store, etc. are for illustration only and are not binding. The same is true for information on individual products, as these only serve to provide information.
Prices are in Swiss francs, including the currently valid rate of VAT (currently 7.7% VAT) and packaging. Transportation cost is not included. Clients with residency outside of Switzerland, a different Tax and/or VAT may apply to order. Spheni Switzerland will not be responsible for any duties, VAT, taxes or surcharges levied by the customers country of residency/delivery.
Orders placed through the online shop are subject to the price valid at the time the order is placed. Spheni Switzerland reserves the right to make price changes at any time.
The offer is valid as long as the product can be found using the search engine in the online shop and is subject to the availability of the product.
All information on availability and delivery times is without guarantee.
Spheni Switzerland reserves the right to cancel orders without stating its reasons for doing so.
3. Contracts: conclusion, amendment or termination
3.1 Conclusion of a contract
Spheni Switzerland confirms the receipt of orders by e-mail. A contract is only concluded following confirmation of the actual availability of products and the price by Spheni Switzerland.
3.2 Customer’s right of cancellation
Customers may revoke orders until the time when the delivery option and the price of the product are confirmed.
3.3 Changing orders, delivery delays
After confirmation of the actual delivery option and the price, the customer is obliged to accept the products and services.
Spheni Switzerland can, but is not obliged, accept subsequent changes to or cancellations of orders by the customer at its own discretion and charge an administrative fee of as well as any possible loss in value of the products cancelled since the order was placed.
If (partial) delivery of the product is impossible at confirmation of the actual delivery option and the price, the customer will be notified immediately via e- mail. If the customer has already paid, only this amount will be refunded without interest. If no payment is made, the customer is exempted from making payment. All other claims based on delays in delivery or failure to deliver are excluded (see §10).
3.4 Customer’s request to cancel the contract
Customers have no general right to return products ordered. For products which have not been customer-made (bespoke, personalised, made to order) and for which the right of return has been granted specifically, the customer may return the product within seven (7) calendar days from its receipt under the following conditions:
the product is in its original state, i.e. not resized, not engraved, in particular the seals, original cord, labels and protective films are in their original condition and undamaged;
the product and all accessories are available in the original packaging.
4. Delivery date and default of acceptance
Details of the delivery date are sent by e-mail or the customer is contacted personally in any other suitable way to arrange an individual delivery date. All specified delivery dates are approximate.
If a customer refuses to accept the products or declares their unwillingness to accept the products after the expiry of an additional deadline, Spheni Switzerland may refuse to fulfil the contract and claim compensation for default. Spheni Switzerland is entitled to demand as compensation either the full amount of the purchase price or the replacement of the effective loss caused by the buyer. Spheni Switzerland will store the product for a maximum time of three (3) months.
5. Scheduled pickup (Switzerland only) and delivery
5.1 Scheduled pickup of products ordered
If a customer fails to schedule a pick up and/or fails to pick up the products ordered within fourteen (14) calendar days from the order date, Spheni Switzerland may terminate the contract (cancel) and is entitled to demand as compensation either the full amount of the purchase price or the replacement of the effective loss caused by the buyer. Spheni Switzerland will store the product for a maximum time of three (3) months.
5.3 Delivery
On delivery to the address specified by the customer, visible differences in quantity must be reported in writing to the carrier immediately on receipt of the goods; concealed differences in quantity must be reported in writing to Spheni Switzerland within five (5) calendar days after receipt of the goods. Complaints regarding damaged or defective packaging as well as a partially missing goods consignment must be reported immediately upon receipt.
5.4 Packaging and transport costs
All packaging and transport costs (incl. transport insurance premiums) are charged to the customer.
6. Payment and default
The following methods of payment are possible: Pay Pal, credit cards via Stripe and Bank Transfer. Payment shall be made exclusively in Swiss francs.
Payment must be paid in advance for orders in the online shop.
Delivery is only made following the receipt of payment to the total amount of the products ordered.
If a customer does not fully or partially meet their payment obligations, all outstanding amounts owed to Spheni Switzerland under any title are due immediately. Spheni Switzerland can demand this immediately and halt any further deliveries of products and services to the customer.
7. Reservation of title
Until full payment is made, all products remain the property of Spheni Switzerland. Spheni Switzerland is entitled and is herewith authorised by the client to make a corresponding entry in the registry of retention of title in its own name and in the name of the customer. Before full payment of the products ordered, a pledge, transfer of security, processing or alteration are not allowed without Spheni Switzerland’s express written consent.
8. Transfer of benefits and risks
The risk passes to the buyer when the shipment has been handed over to the person responsible for transport. If the delivery is delayed or becomes impossible through no fault of Spheni Switzerland, the risk with the notification of readiness for shipment is passed to the buyer. An assumption of the transport costs by Spheni Switzerland agreed in individual cases does not affect the transfer of risk.
9. Warranty
9.1 Warranty period
The warranty in accordance with the following provisions shall be sixty (60) calendar days after delivery to the customer, unless expressly stated otherwise in writing. After this period, all warranty rights are no longer effective.
9.2 Notice of defects and delivery of faulty products to Spheni Switzerland
Customers must inspect products for obvious defects upon delivery. If a customer notes an obvious fault after delivery or if a customer notes a hidden fault later on, Spheni Switzerland must be informed in writing within five (5) calendar days after the discovery of a fault. Faults should be described as far as possible.
If the product was purchased from the online shop, the following applies to delivery:
The defective product can be handed personally to Carolina Newton from Spheni Switzerland, enclosed with a copy of the invoice, pre-packaged for postal dispatch and provided with the correct return address. Otherwise, the product must be sent to Spheni Switzerland by post at the customer’s expense and risk. The original packaging must be included with both types of delivery. Acceptance of the product does not mean that the fault has been recognised. Inspection of the alleged defect is carried out by an expert appointed by Spheni Switzerland.
A new warranty period of sixty (60) calendar days starts for parts, assemblies or complete products that have been replaced.
9.3 Legal consequences in the event of faulty products
Subject to making a timely claim, customers’ rights are limited to the following:
At its own discretion, Spheni Switzerland has the right to rectify the faulty product or to provide the customer with a replacement for the faulty product.
Further claims by customers, in particular for compensation or satisfaction of any kind are fully excluded.
9.4 Exclusion of warranty
Warranty rights lapse if the customer or a third party fails to comply with the operating and maintenance instructions for the products or makes changes, if parts are replaced or consumables are used which do not meet the original specifications without Spheni Switzerland’s prior consent.
The same applies to defects attributable to improper use, storage and handling of products, unauthorised modifications and the opening of products. Insignificant deviations from the product specifications do not entitle the client to make a warranty claim.
A guarantee for normal wear and tear, is excluded. Customer warranty claims may not be assigned to a third party without Spheni Switzerland’s prior written consent.
10. Liability and exclusion from liability
Irrespective of the legal basis on which the claim is made, Spheni Switzerland cannot be held liable in any way for (i) slight negligence, (ii) indirect or consequential damage and loss of profit, (iii) unrealised savings, and (iv) damage based on delay, and (v) any acts or omissions on the part of Spheni Switzerland’s auxiliary persons whether arising in contract or out of contract.
Spheni Switzerland cannot be held liable for damage resulting from any of the following (i) improper, unlawful storage in breach of contract, improper adjustment or use of the products, (ii) the use of incompatible spare parts or accessories, (iii) a lack of maintenance or the improper modification or repair of products by the customer or a third party, (iv) force majeure, in particular elemental, damp, fall and impact damage, etc. for which Spheni Switzerland cannot be held responsible and orders by official authorities.
11. Repairs beyond warranty claims
Customers are responsible for all costs for the repair of defects in products that are not under warranty. For products which have no discernible defects, Spheni Switzerland reserves the right to charge the cost of the inspection of the alleged defect and its shipping costs to the customer.
12. Other provisions
12.1 Data protection
The data protection declaration is an integral part of the Spheni E-Shop. By agreeing to the Spheni E-Shop, the customer declares he has seen them and agrees to the data-protection declaration (www.spheni-switzerland.com/wpautoterms/privacy-policy).
Spheni Switzerland is entitled to process the information received about the customer with regard to the business relationship or in connection with this irrespective of whether it comes from the customer himself or from third parties under the relevant statutory provisions. Personal customer information will be treated confidentially and only shared with third parties in the context of a credit check.
12.2 Severability clause
Should individual terms of the Spheni E-Shop be declared invalid or ineffective, this does not affect the validity of the other terms and the Spheni E-Shop as a whole.
12.3 Applicable law and jurisdiction
All legal relations between Spheni Switzerland and the customer are subject to substantive Swiss law, excluding the conflict of laws. The Vienna Sales Convention is not applicable.
The ordinary courts of Baar, Switzerland are solely responsible for disputes arising from the legal relationship between the customer and Spheni Switzerland. Spheni Switzerland is entitled to take legal action against the customer at the competent court of the latter’s residence or at any other competent court.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Spheni Switzerland by Carolina Newton and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Spheni Switzerland by Carolina Newton.
Spheni Switzerland by Carolina Newton has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Spheni Switzerland by Carolina Newton shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.