Allgemeine Geschäftsbedigungen

GENERAL TERMS AND CONDITIONS

General Terms and Conditions (GTC)

 

of BAGRA-DESIGN (www.bagradesign.com)

 

1. scope of application

These General Terms and Conditions (GTC) of BAGRA-DESIGN, Schulstrasse 4d, 8248 Uhwiesen, (hereinafter "BAGRA-DESIGN") govern the rights and obligations in connection with the use of the website www.bagradesign.com and the online shop on this site. The following General Terms and Conditions (GTC) shall apply between BAGRA-DESIGN and its customers in the version currently available and valid at the time of conclusion of the contract.

 

A customer is defined as any natural or legal person who maintains business relations with BAGRA-DESIGN. The GTC, the terms of delivery and payment and the data protection provisions may be amended from time to time.

 

These GTC shall apply exclusively. Any terms and conditions that conflict with, supplement or deviate from these GTC shall require the express written confirmation of BAGRA-DESIGN in order to be valid. When using www.bagradesign.com or ordering goods or concluding a contract, the customer confirms that he/she fully accepts these GTC, including the terms of delivery and payment.

 

2 Information on this website

www.bagradesign.com contains information about products. We reserve the right to make price and product range changes as well as technical changes. All information on www.bagradesign.com (product descriptions, illustrations, films, dimensions, weights, technical specifications and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. BAGRA-DESIGN endeavours to provide all details and information on www.bagradesign.comkorrekt in a complete, up-to-date and clear manner, however, BAGRA-DESIGN can neither expressly nor implicitly guarantee this.

 

All offers on www.bagradesign.com are subject to change and are not to be understood as a binding offer.

 

BAGRA-DESIGN cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times is without guarantee and may change at any time and without notice.

 

3. prices

Up to a purchase value of CHF 100, the shipping costs are a flat rate of CHF 7. If the purchase value exceeds CHF 100, BAGRA-DESIGN will pay the shipping costs. All prices are in Swiss francs (CHF).

 

BAGRA-DESIGN reserves the right to make technical changes, errors and misprints. In particular, BAGRA-DESIGN may make price changes at any time and without prior notice.

 

4 Conclusion of contract

The offers on www.bagradesign.com represent an invitation to the customer to order products. By placing an order via www.bagradesign.com, including acceptance of these General Terms and Conditions, the customer makes a legally binding acceptance to conclude a contract. BAGRA-DESIGN then sends an automatic "order confirmation" by e-mail. Orders placed are binding for the customer.

 

Orders will be delivered if the goods are available. If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, BAGRA-DESIGN is entitled to withdraw from the entire contract or from a part of the contract. Any payment already made by the customer will be refunded accordingly. If no payment has yet been made, the customer shall be released from the obligation to pay. In the event of termination of the contract, BAGRA-DESIGN shall not be obliged to make a replacement delivery or to pay any damages.

 

5 Delivery, obligation to inspect and notification of defects

The goods will be sent by post or courier service to the address given by the customer in the order. Upon dispatch, the benefit and risk shall pass to the Customer to the extent permitted by law. BAGRA-DESIGN shall not be liable for any damage caused by the delayed arrival of the goods at the Customer's premises or at the premises of third parties.

 

If the delivery cannot be delivered or if the Customer refuses to accept the delivery, BAGRA-DESIGN may terminate the contract after notifying the Customer of the defect and setting a reasonable deadline, as well as charging the Customer for the costs of the inconvenience.

 

The Customer shall be obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify BAGRA-DESIGN immediately of any defects for which BAGRA-DESIGN provides a warranty in writing by letter or e-mail to the address in the imprint of www.bagradesign.com.

 

If the inspection by BAGRA-DESIGN reveals that the goods have no identifiable defects or that they are not covered by the manufacturer's warranty, BAGRA-DESIGN may charge the Customer for the costs of returning or disposing of the goods.

 

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If the inspection by BAGRA-DESIGN reveals that the goods have no identifiable defects or that they are not covered by the manufacturer's warranty, BAGRA-DESIGN may charge the Customer for the costs of returning or disposing of the goods.

 

6. right of return and return shipment

BAGRA-DESIGN grants a contractual right of return on all products (with the exception of gift vouchers) within 10 calendar days of receipt of the goods.

 

The exercise of the right of return leads to a reversal of the contract. The customer must return the goods within 10 calendar days of receipt in their original packaging and together with the delivery note to the return address given by BAGRA-DESIGN (address given in the imprint of www.bagradesign.com). Returns to BAGRA-DESIGN shall be made for the account and at the risk of the customer. Any payment already made shall be refunded to the Customer immediately, provided that BAGRA-DESIGN has already received the goods back or the Customer can provide proof of dispatch.

 

BAGRA-DESIGN reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the Customer.

 

7 Warranty for the purchase of goods

BAGRA-DESIGN endeavours to deliver goods of perfect quality. In the event of defects notified in good time, BAGRA-DESIGN shall guarantee that the goods purchased by the Customer are free from defects and functional during the statutory warranty period of two years from the date of delivery. It is at the discretion of BAGRA-DESIGN to provide the warranty by means of free repair, replacement of equal value or refund of the purchase price. Further claims are excluded.

 

The warranty shall not cover normal wear and tear or the consequences of improper handling or damage by the Customer or third parties (in particular in the event of failure to comply with BAGRA-DESIGN's washing instructions) or defects attributable to external circumstances.

 

Textiles may slowly wash out after many washing cycles, but this does not constitute a defect in the product.

 

BAGRA-DESIGN is not able to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of www.bagradesign.com, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of www.bagradesign.com does not infringe the rights of third parties not owned by BAGRA-DESIGN.

 

8 Liability

BAGRA-DESIGN excludes all liability, irrespective of its legal basis, as well as claims for damages against BAGRA-DESIGN and any auxiliary persons and vicarious agents. In particular, BAGRA-DESIGN shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the Customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.

 

BAGRA-DESIGN uses hyperlinks on www.bagradesign.com only for the simplified access of the Customer to other web offers. BAGRA-DESIGN can neither know the content of these web offers in detail nor assume liability or other responsibility for the content of these websites.

 

9. data protection

BAGRA-DESIGN may process and use the data recorded in the course of concluding the contract for the purpose of fulfilling the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

 

The data protection provisions of BAGRA-DESIGN are an integral part of these GTC.

 

10 Further provisions

BAGRA-DESIGN expressly reserves the right to amend these GTC at any time and to bring them into force without notice.

 

Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.

 

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

 

The place of jurisdiction is Andelfingen ZH, unless the law provides for mandatory places of jurisdiction.

 

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