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GTC

TERMS & CONDITIONS ISA BODYWEAR ONLINE SHOP

Last updated: February 2024

1. SCOPE

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between ISA Sallmann AG (hereinafter referred to as "Seller") and customers that are concluded via the goods and/or services (hereinafter referred to as "Products") presented on the website www.isabodywear.ch (hereinafter referred to as "Online Shop").

Contractual terms and conditions to the contrary, including those which the customer declares to be applicable together with the acceptance of the contract, shall only be valid if and to the extent that they have been expressly accepted by the seller in writing. A written form is also a form that allows proof to be provided by text (esp. e-mail).

The Seller reserves the right to amend these Terms and Conditions at any time.

2. CONCLUSION OF THE CONTRACT

The presentation of the products, including price, in the online shop is considered a binding offer to conclude a purchase contract for the products in question. The contract is concluded with the dispatch of a binding order by the customer at the end of the ordering process, whereby in particular the reservations in No. 4 as well as the right of return in No. 7 must be observed.

A binding order on the part of the customer is only triggered when the customer has entered all the data required for the execution of the contract and clicked on the button "ORDER WITH OBLIGATION TO PAY". Until clicking on this button, the customer can first select products without obligation and place them in the shopping cart. Before placing the order, the customer can change the order data on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again on the order overview page before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. By submitting the order, the customer accepts the seller's offer to conclude a purchase contract for the products listed on the order page, under the conditions stated therein and in accordance with the data recorded therein.

  • By placing an order, the buyer submits a binding offer to conclude a purchase contract by clicking on the button labelled "Order with obligation to pay".
  • A contract of sale for the goods is only concluded when we expressly declare acceptance or when we ship the goods to the buyer without a prior express declaration of acceptance

3. PRICES AND PAYMENT METHODS

The prices indicated in the online shop at the time of ordering apply. The prices quoted include VAT. For orders up to a value of CHF 150, we charge a shipping fee of CHF 9.

  • Images of articles from advertising, online shops or brochures are for illustration purposes only and are non-binding.
  • ISA Sallmann AG reserves the right to change the prices of the products and services offered at any time. The price is decisive when the order is placed.
  • In the event of incorrect prices and obviously falsely accumulating discounts, ISA Sallmann AG reserves the right to cancel the order and, if necessary, to refund the money to the customer.

Payment for the goods is optionally made via the payment methods displayed in the online shop. The details on the Payment Options page apply.

4. DELIVERY

The information in the online shop on delivery dates and service periods is expressly non-binding.

We deliver only within the territory of the Swiss Confederation and the Principality of Lichtenstein and only within the present terms and conditions. Deliveries abroad are not possible.

The obligation to deliver is subject to correct, timely and complete self-supply. Furthermore, the proviso applies that only normal household quantities are supplied. In the event of unavailability or only partial availability of the service or if the usual household quantity is exceeded, the seller may withdraw from the contract. The customer will be informed immediately and any consideration already provided will be refunded immediately.

If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. The seller is entitled to withdraw from the contract.

The risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer upon handover to the commissioned transport person.

  • Orders received in the morning (MO-FR) are generally dispatched on the same day. Nevertheless, the delivery time can take several working days depending on the stock level. If you pay in advance, delivery will only take place after receipt of payment.
  • If not all ordered products are in stock, we are entitled to make partial deliveries. In principle, the buyer will be notified of the expected delivery date of the forwarding.
  • If the goods are no longer available, we reserve the right to make a cancellation or partial cancellation. The customer will be informed of the change to the order in writing or by telephone. Payments already made will be refunded.

5. WARRANTY

In principle, the statutory provisions on warranty apply. However, the customer is always obliged to check the delivered products and to inform the seller of immediately recognizable defects within 8 days of delivery at the latest.

Excluded from the warranty are, in particular, damage caused by natural wear and tear, improper use and lack of or incorrect care.

6. RETENTION OF TITLE

Products ordered remain the property of the Seller until full payment has been made (final and unconditional credit of the total purchase price). The Seller is entitled to make a corresponding entry in the Register of Retention of Title before or after the delivery of the Products. Prior to full payment, pledging, transfer of title by way of security, processing or transformation is not permitted without the express consent of the seller.

7. RETURN POLICY

The Seller voluntarily grants Customers the right to return the ordered Products for 14 calendar days (from the date of delivery), provided that the following conditions are met.

Damaged products will only be taken back under the conditions of the warranty (section 5 above). The customer is therefore always obliged to inspect the delivered products and to notify the seller of any defects that are immediately recognizable within 8 days of delivery at the latest.

Only products that are new and unused can be returned. The products must be returned with their original packaging and with all protective materials, tags and stickers attached to the products, any product documentation, with any accessories or replacement material supplied.

The Products must be sent to the following address, enclosing the completed return form included in the delivery and in appropriate packaging (e.g. the box used by the Seller):

ISA Sallmann AG, Weinfelderstrasse 15, 8580 Amriswil

The costs of the return shipment as well as damage during transport are borne by the customer. The return deadline is met if the products are handed over to the post office or another shipping company on the last day for return to the address indicated above.

In the event of proper return of the goods, the Seller will send the Customer a confirmation by e-mail after inspecting the Products and will refund the total price paid (excluding shipping costs) by means of a credit note. A refund will always be made to the payment method used for the purchase and it can take up to approximately ten working days for the amount to be credited. Promotional and discount vouchers are non-refundable. It is not possible to exchange the returned goods. If the customer requests other products, a new order must be placed.

If the goods are not returned in proper condition, the Seller will inform the Customer of this and, if possible, give the Customer the opportunity to restore it to its proper condition (e.g. by redelivering the original packaging). If restoration is not possible, the Seller has the right to return the Products at the Customer's expense or to refund the purchase price after deduction of the loss of value of the Product (in particular due to the use of the Product) and to keep the Products. The customer will be informed of this immediately.

8. LIABILITY

The contractual and non-contractual liability of the seller for slight negligence is excluded. Liability for assistants and substitutes is completely waived. The exclusion or the condition of the way also applies in particular to damages resulting from the non-fulfilment of the delivery obligation, as well as to indirect and indirect damages and consequential damages as well as loss of profit. We reserve the right to conflicting mandatory provisions of applicable law.

9. DATA PROTECTION

The Privacy Policy is an integral part of these Terms and Conditions. By agreeing to these T&Cs, the customer also declares that he has read and understood the privacy policy.

10. FINAL PROVISIONS

This contract shall be governed by substantive Swiss law, to the exclusion of conflict of laws and the Vienna Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising out of or in connection with this contract shall be subject to the exclusive jurisdiction of the courts of the Seller's registered office.

Should individual provisions of these GTC be invalid, incomplete, invalid or become invalid, the validity and effectiveness of the remaining provisions shall not be affected. Invalid provisions are to be replaced by a permissible effective provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued by it.

The legally valid version of our terms and conditions has been recorded in German and automatically translated into the respective language. The German version shall be authoritative for all documents, including these General Terms and Conditions.