Terms
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Espoir.
With the placement of the products in the online store, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language available for the conclusion of the contract is German.
We store the contract text on our systems, which, however, are not accessible to you.
4. TERMS OF DELIVERY
4.1 Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
4.2 In the case of deliveries of goods to countries outside of Switzerland, import duties may be incurred for the import of goods, which shall be borne by the Customer. The amount of import duties varies in different customs territories. The customer is responsible for the proper payment of all necessary customs duties and fees.
We deliver only by mail order. A self-collection of the goods is unfortunately not possible.
5. PAYMENT
In our store you can basically use the following payment methods:
Credit card, debit card.
In the order process you enter your credit or debit card data. Your card will be charged immediately after placing the order
6. RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
7. WARRANTY AND GUARANTEES
Validity of the statutory liability for defects
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis consumers
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
Guarantees and customer service
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online store.
8. LIABILITY
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
9. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Cancellation policy​
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Espoir Hauptstrasse, 71, 5085 Sulz, Switzerland, contact@atelierdespoir.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
AGB [https://legal.trustedshops.com/produkte/rechtstexter] created with the Trusted Shops [https://legal.trustedshops.com/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].