1. Customers
The Company Lucia Lieberherr concludes contracts, with customers
who are
a) capable of action, that is, judicious and responsible individuals,
as well as with
b) legal persons, each residing in Switzerland and abroad (hereinafter referred to as "Customers"). In case of a request that was mistakenly accepted and lead to a contract with a non accepted customer of the company Lucia Lieberherr, the company Lucia Lieberherr is entitled to withdraw from the contract within a reasonable period of time concerning a not accepted customer.
2. Contract
The Company Lucia Lieberherr delivers the goods ordered by the customer after acceptance of the offer to conclude a contract. Should the Company Lucia Lieberherr subsequently recognize that an error has occurred in the information on a product to a price or availability of a product, the company Lucia Lieberherr will inform the customer of this immediately. The customer may confirm the order under the changed conditions again. Otherwise, the company Lucia Lieberherr is entitled to rescind the contract.
3. Contract / Return Guarantee
3.1
The contract for an offered object comes without the expressed declaration to the customer already with the acceptance of the offer to conclude a contract by the Company Lucia Lieberherr as codified in Art. 6 of the Swiss Code of Obligations. The Company Lucia Lieberherr will either confirm the customer's acceptance of the offer to conclude a contract soon by e-mail to the e-mail address given by the customer or at the latest by delivery of the ordered goods.
3.2
Within a withdrawal period of 8 days after receiving the goods, the customer is able to return the goods without giving reasons to the company Lucia Lieberherr (Cancellation and Return Policy). To fulfill the revocation period it is sufficient to send back the goods in time. This is to be seen under the condition that the goods are not damaged or used and the return mail has sufficient postage. The risk of returning and the proof of returning stays with the customer. If the customer has sent the goods in time and properly returned, the company Lucia Lieberherr pays back the already paid purchase price to the customer.
3.3
Should the Company Lucia Lieberherr notice after concluding the contract that the goods ordered are no longer available with the Company Lucia Lieberherr or for legal reasons cannot be delivered, the Company Lucia Lieberherr can either offer the same quality and priced goods or supply or resign from the contract. Should the client not accept the replacement, he can return it. Payments already received by the company Lucia Lieberherr will be refunded immediately after withdrawal of a party from the contract or upon return of a rejected and replaced good.
4 Delivery
4.1
The delivery of the goods will be at the expense and risk of the customer.
4.2
Subject to self-supply, the company Lucia Lieberherr shall take care for a fast delivery.
4.3
Ordered items will be shipped as soon as possible subject to availability. If an item cannot be delivered immediately, the company Lucia Lieberherr will notifie the buyer via e-mail.
4.4
If the item is marked as in stock, the delivery will take place usually within 48 hours. If a delay in the delivery occurs, the customer will be informed by e-mail as well.
4.5
For all fees (customs, etc.) that arise due to a delivery abroad, the customer must pay for them by himself. These expenses will be billed to the customer directly by the supplier / shipping company or customs office.
4.6
The shipping of all orders will be made out of Switzerland.
5. Pricing
5.1 The Customer shall pay the respective amount shown in CHF. On the bill next to the net price (VAT incl.) are the prices for shipping and handling shown for the goods.
5 2
The Swiss VAT (8.0%) is included in the prices and will be shown separately on the invoice.
5.3
The Company Lucia Lieberherr can at any time change the prices. With respect to each order, this is only applicable at the time of concluding the contract prices.
5.4
Deliveries outside Switzerland are made without VAT. For all fees or import duty and VAT on arrival in the country, the customer must pay by himself.
6 Retention of title
6.1
Until full payment of the contract price the goods remain the property of Lucia Lieberherr.
6.2
If the customer is in default with a total payment or partly in arrears, or if he suspends his payments, or there may be otherwise justifiable doubts as to his ability to pay, the customer is not entitled to dispose of the goods. The customer has to make arrangements, in this case, for all measures which are necessary to protect the property of the Company Lucia Lieberherr.
7 Warranty
7.1 The Company Lucia Lieberherr ensures that the products are not affected at the time of shipment with errors that cancel or reduce the value or the suitability for normal use. An insignificant reduction in the value or suitability is not considered
7.2
In addition, the customer has potential claims from warranty statements of accompanying manufacturers of some parts that are added to the products. The customer, after receipt of delivery, has to inspect the goods of completeness and for hints of any defects immediately. This should be done within one week of receipt of the goods at the latest. In the event that a defect occurs a customer of the company Lucia Lieberherr shall immediately send a notice of defect. In case of hidden defects, the message is to be made immediately upon discovery of the hidden defect within the warranty period.
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7.3
In the case of incomplete delivery, the Company Lucia Lieberherr will send a replacement delivery as soon as possible. In addition, the Company Lucia Lieberherr initially has the right either to repair the defective product or deliver a replacement. Should the repair of the defect product not be successful or repeatedly no satisfactory substitute can be delivered, the customer is entitled to either reduce the purchase price or withdraw from the contract (rescission).
7.4
The Company Lucia Lieberherr is liable for the guaranteed characteristics, if they are explicitly considered as warranted on the homepage or marked as "warranty".
8 Liability
8.1
Except for the lack of assured properties in fraudulent misrepresentation and for breach of contractual principal obligations, the Company Lucia Lieberherr is only liable for intent and gross negligence. The extent of such limitation of liability does not preclude mandatory law, the Company Lucia Lieberherr addition, in each case shall be liable only for direct damages. I.e., the customer has in no case claim for compensation for damage not incurred on the delivered goods themselves, such as in particular damage caused by loss of production, loss of use, loss of orders, loss of profit and other indirect damages. In case of default, the customer has the right to withdraw from the contract.
9 Choice of Law
9.1
Only Swiss Law under the exclusion of the UN Sales Convention shall be applicable. The place of jurisdiction is determined by Art. 22 Gerichtsstands Gesetz.
10 Changes to the Terms and Conditions
We reserve the right to change the Terms and Conditions anytime. In each case the terms and conditions are applicable as published on the web-shop.
11 Miscellaneous
11.1
The place of performance of the obligations of both parties is located in Zurich, Switzerland, where the client chooses his domicile in Zurich at the company Lucia Lieberherr.
11.2
Should individual provisions of these General Terms and Conditions in whole or in part, be legally ineffective or lose their legal validity later, then this shall not affect the validity of these terms and the remaining provisions. In this case, the parties undertake to replace the invalid provision by a valid one, as far as legally possible, for the aims of the invalid provision have to take into account the economic purpose of these terms and conditions and the expressed interests of the parties and find a provision that comes closest to the original purpose of the parties. The same applies to that extent that these terms and conditions have not foreseen a gap by the parties.
11.3
All disputes, which, due to the business relationship between the Company Lucia Lieberherr and their customers, including those resulting from the application of these general terms and conditions shall only be ruled by the competent ordinary courts of Zurich, Switzerland, subject to a later forwarding to the Swiss Federal Court of Justice. The Company Lucia Lieberherr, however, reserves the right to sue the customer at the courts of his domicile or before any other competent court.
12 Privacy
12.1 Notice
We use your personal data to process your order. All customer data is stored and processed in accordance with the relevant provisions of the Data Protection Act by us. We guarantee absolute confidentiality of all data and information to you.
12.2 Information
You always have a right to free information, correction, blocking and deletion of your stored data. Please contact info@lucial-ieberherr.com or send us your request by mail.
12.3 Disclosure to third parties
We do not disclose your personal data including home address and e-mail address without your explicit and revocable consent to third parties. Excluded from this are our service partners. For processing the order a transmission of data is required (e.g. the staff responsible for the shipping company and the staff responsible for processing payments). In these cases, the amount of transferred data is limited to the required minimum necessary.
12.4 Google Analytics
We currently use the tool Google Analytics to analyze the user accesses. However, we will make use of this free tool only in the initial phase and will waive it again once we have completed our location determination. Thank you for your understanding.
12.5Jurisdiction
Juridiction is Zurich, Switzerland
Zurich, August 25th. 2017
