General Terms and Conditions (GTC) of STEINLINS
1. Scope of validity
These General Terms and Conditions (hereinafter “GTC”) apply to all business transactions of STEINLINS GMBH, Hermetschloostrasse 77, 8048 Zurich (hereinafter “STEINLINS”) and in particular to all legal transactions concluded via the online shop www.steinlins.com, through which STEINLINS sells jewelry, accessories and other articles.
The GTC, the terms of delivery and payment, and the data protection regulations may be amended from time to time. STEINLINS therefore requests you to read through these terms and conditions carefully whenever you visit the website or order goods.
In placing an order, the customer accepts these terms and conditions in the version which is valid at the time of ordering.
These GTC shall apply exclusively. Any conflicting, supplementary or deviating provisions shall require the express written confirmation of STEINLINS in order to be valid.
“Customer” is understood to mean any natural or legal person who has a business relationship with STEINLINS.
In the interests of readability, only the masculine form is used in these GTC. However, it goes without saying that this is understood to include persons of both genders.
2. Concluding a contract
The offers on this website represent a non-binding invitation to customers to order goods from STEINLINS.
By placing an order via this website, including acceptance of these GTC, the customer makes a legally binding offer to conclude a contract.
STEINLINS will then send an automatic “order confirmation” by e-mail confirming that the customer’s offer has been received by STEINLINS. However, this automatically generated order confirmation does not constitute a declaration of acceptance.
The contract is only concluded when STEINLINS sends a declaration of acceptance by e-mail confirming dispatch of the ordered goods to the customer.
Any orders placed are binding for the customer. However, the right of revocation according to Clause 6 remains reserved.
Orders will only be delivered after receipt of full payment and on condition that the goods are available.
If, after conclusion of the contract, all or part of the items ordered cannot be delivered for reasons beyond STEINLINS’ control (such as breakdowns or delivery bottlenecks at suppliers’ plants, etc.), STEINLINS shall be entitled to withdraw from the entire contract or from the corresponding part thereof. If STEINLINS has already received payment from the customer, the amount paid will be refunded to him. If payment has not yet been made, the customer shall be released from the obligation to pay. In the event of such a withdrawal from the contract, STEINLINS shall be released from any obligation towards the customer and moreover shall not be liable for damages.
Unless otherwise mentioned, STEINLINS’ prices include the statutory value added tax (VAT). All prices are quoted inclusive of VAT in Swiss francs (CHF) unless otherwise stated.
Any shipping costs, customs duties and all other costs incurred will be charged additionally to the customer, unless specified otherwise. Shipping costs will be shown separately in the order processing documents.
Technical amendments, errors and misprints cannot be excluded and are therefore reserved. In particular, STEINLINS reserves the right to change prices at any time and without prior notice. The prices do not include consulting and support services.
The prices which are valid on the STEINLINS website at the time of ordering shall apply.
4.Payment options and retention of title
Only those payment options stated in the order processing documents are available to the customer.
STEINLINS reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.
The goods delivered to the customer shall remain the property of STEINLINS until payment has been made in full. STEINLINS is entitled to have this recorded in the relevant register. Any transfer, encumbrance, processing or transformation of the goods without the express consent of STEINLINS is therefore not permitted prior to transfer of ownership.
Offsetting the invoiced amount against any claim the customer may have against STEINLINS is not permitted.
STEINLINS shall be entitled to refuse delivery in the event of default in payment.
Any costs for monetary transfers shall be borne by the customer.
Delivery will be made by post or courier service to the address indicated by the customer on the order. As a rule, all goods are sent by registered mail at no extra charge to the customer.
Upon dispatch of the goods, benefit and risk are transferred to the customer. STEINLINS shall not be held liable for errors on the part of the transport company. The customer must immediately report any transport damage to the transport company in writing.
If goods arrive damaged, the customer is requested to contact STEINLINS immediately by e-mail at email@example.com before returning the goods.
If the goods cannot be delivered or if the customer refuses to accept delivery, STEINLINS may cancel the contract after registering a complaint and setting a reasonable deadline for rectification of the situation. The customer will be charged for any extra costs incurred.
STEINLINS endeavours at all times to meet the specified delivery dates. In the absence of any other agreement, however, delivery dates are not fixed dates and the customer has no right to withdraw from the contract or claim damages in the event of delivery delays. Rather, the customer must first grant STEINLINS a reasonable grace period of at least 10 days in writing for subsequent performance. Should the customer refuse to accept performance in the event of the grace period expiring without result, he must notify STEINLINS of this in writing at the time the grace period is set.
Insofar as the necessary cooperation of the customer is delayed, or delivery delays occur through force majeure or other circumstances beyond STEINLINS’ control, the delivery periods shall be correspondingly extended. STEINLINS is also entitled to make partial deliveries at any time. STEINLINS’ obligation to perform shall be deemed fulfilled for those partial deliveries already made.
6. Right of return / revocation
STEINLINS offers customers the right to return all purchased goods – except those sold at a special price or which were specially manufactured for the customer – within 10 days of receipt, on condition that the goods to be returned are unused, in the same condition as on receipt and in the original packaging.
To return a product, it is first of all necessary to obtain a return authorisation. For this, the customer must send an e-mail to firstname.lastname@example.org. The customer is requested not to return any goods before receiving a return authorisation.
Return shipments to STEINLINS are at the expense and risk of the customer. Shipping costs, customs duties and all other costs incurred for the return of products shall be borne by the customer. STEINLINS recommends returning goods by registered mail, so that they are automatically covered by our transport insurance.
Goods can be returned by post to: STEINLINS GmbH, Hermetschloostrasse 77, 8048 Zurich, Switzerland.
Alternatively, goods can be brought back to our store, but only during opening hours:
Gold Juwelen Atelier
Our opening hours are as follows:
Tues. to Fri. 08:00 – 12:00, 13:00 – 18:00
Sat. 08:00 – 16:00
Any refunds will be paid, after the returned goods have been checked, into the account used by the customer for payment.
8.Duty of inspection and warranty
The customer must inspect the goods immediately upon receipt and notify us in writing of any defects without delay, but at the latest within 5 days of receipt, by sending a picture of the defect with comments to email@example.com.
In the case of hidden defects, i.e. defects which could not have been discovered during a routine inspection, this period for reporting defects shall commence at the time of their subsequent discovery.
The product is deemed accepted if no defects are reported within the time limit stated.
A defective product may not be used by the customer.
Provided the defects were reported within the time limit stated, STEINLINS will grant a warranty against defects for the standard or – if applicable – special characteristics of the product. The consequences of normal wear and tear or improper handling shall not be deemed defects.
Defective goods shall, at STEINLINS’ discretion, be repaired or else replaced by flawless goods. Alternatively, STEINLIN may opt to grant the customer a price reduction corresponding to the reduction in value.
Any further warranty is excluded. This exclusion of liability also applies to all claims that compete with the warranty claims.
9. Force majeure
If STEINLINS’ performance of the contract is hindered by force majeure (e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather conditions, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage), STEINLINS shall be released from performance of the relevant obligations for the duration of the force majeure and a reasonable restarting period after it has ended.
If the force majeure lasts longer than 30 (thirty) days, STEINLINS may wholly or partially withdraw from the contract. In such a case, payments already made by the customer shall be refunded.
In the event of defective goods, STEINLINS shall grant a warranty in accordance with Clause 8.
STEINLINS shall only be liable for damages and consequential damages in connection with the sale or delivery of goods (including damage caused by defective products) or the use of this website if STEINLINS can be accused of unlawful intent or gross negligence.
The liability of STEINLINS is in all cases limited to the purchase price of the goods sold.
Any further liability/warranty of STEINLINS is excluded to the extent permitted by law.
Any liability for auxiliary persons is excluded in its entirety.
In particular, STEINLINS assumes no liability or responsibility for descriptions provided by third parties, in particular by customers in the context of customer reviews published in the online shop or our social media presence.
11. Severability clause
Should individual provisions of these GTC prove to be invalid or unenforceable, or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision which comes as close as possible to the original intention of the invalid provision. In the event of any contractual gaps, the same procedure shall apply analogously
12. Applicable law and place of jurisdiction
All aspects of the legal relationship between the parties are subject to Swiss substantive law, without regard to conflicts-of-law provisions. The United Nations Convention on Contracts for the International Sale of Gods (CISG) shall not apply.
Zurich, Switzerland, is the exclusive place of jurisdiction. Mandatory places of jurisdiction are reserved.
STEINLINS reserves the right to amend, update or replace these GTC at any time without prior notice.
If you have any questions concerning these GTC please contact:
STEINLINS Telephone: +41 44 221 17 45
8048 Zurich, Switzerland
Version: 10 March 2019