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Terms and Conditions

Terms and Conditions for Private customer Terms and Conditions for Entrepreneur

§ 1 General, scope

1.

These General Terms and Conditions of Sale (GTCS) apply to all business relationships with our customers and are an integral part of contact between EYEPLAYS TEXTIL ONLINE SHOP JÄHNIGEN and the customer.  The General Terms and Conditions in their respective version also apply as a framework agreement for future contacts for the sale and/or delivery of movable items with the same buyer, without us having to refer to them again in each individual case.

2.

Our General Terms and Conditions apply exclusively. Individual agreements made with you in individual cases (including additional agreements, additions and changes) only take precedence over these General Terms and Conditions if they have been confirmed by us in writing.

3.

Legally relevant declarations and notifications that you must make to us after conclusion of the contract (e.g. setting deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective. 


4.

References to the validity of legal regulations only have a clarifying meaning. Even without such clarification, the statutory provisions apply unless they are directly changed or expressly excluded in these General Terms and Conditions.

§ 2 Conclusion of contract, calculation, prices and payment conditions 

1.

Our offers are non-committal and non-binding. This also applies if we have provided you with catalogs, other product descriptions or document - including in electronic form - to which we reserve ownership and copyright. Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply, ex warehouse, plus statutory sales tax.

2.

The ordering of the goods by you is considered a binding contractual offer.


3.

Acceptance takes place through a written order confirmation or through delivery of the goods to you.

4.

Unless expressly agreed otherwise, the invoice will be sent via email attachment as a PDF. The invoice date is the delivery date of the goods. The purchase price is due upon issue of the invoice; 2% discount if payment is made within the first 10 days, if the payment term is used 30 days net. Instead of the usual payment conditions, we may also deliver by arrangement by cash on delivery, advance payment or other payment conditions to be agreed with you.

5.

Once the above payment deadline has expired, you will be in default. If you do not meet your payment obligation within the payment deadline, you will receive a payment reminder with a payment deadline of 7 days. If payment is not made within this period , the 2rd reminder follows with a further deadline of 7 days, including late payment interest of 5% of the purchase price and reminder fees of CHF 25. If payment is not made within this period , the 3rd reminder follows (last reminder) / debt enforcement office threat with a further deadline of 7 days, including late payment interest of 5% of the purchase price and reminder fees of CHF 25. We reserve the right to process existing claims against you after an unsuccessful third reminder via the responsible debt collection and debt collection office to request the bankruptcy office. Any additional costs resulting from this will be borne by you.

6.

If it becomes apparent after conclusion of the contract that our claim to the purchase price is jeopardized by the buyer`s  inability to pay (e.g. through an application to open insolvency proceedings), we are entitled in accordance with the statutory provisions to refuse perfomance and to withdraw from the contract (Art. 83 OR).

§ 3 Transportation costs

1.

Deliveries are made with the carrier of our choice. The Shippings costs for orders are charged at a flat rate of CHF 15.50 per carton/box. From a goods value of CHF 150.- we ship free of charge within Switzerland with the standard service of 2 to 3 days.

Deliveries abroads cost a flat rate of CHF 15.50 per carton/box. For goods with a value of CHF 150 or more, we ship free of charge abroad. You will receive confirmation of the delivery costs on the order confirmation we send. The Shipping costs cover all costs for packaging, delivery documents and the usual transport and the usual transport and delivery costs for normal shipping. If a delivery is to be or must be made using other or comparable services to meet a delivery date agreed in writing, the additional costs incurred will be borne by you.

§ 3.1 Shipping costs for subsequent deliveries

1.

The part - Subsequent delivery costs 15.50 per box / carton, the goods will be sent after receipt of the last missing item / item.

§ 4 billing

1.

You are only entitled to offset counterclaims if your counterclaims have been legally established, we have acknowledged them or if your counterclaims are undisputed. This also applies if you make complaints or counterclaims. As a buyer, you may only declare offsetting if your counterclaim is based on the same purchase contract.

§ 5 Delivery time and delay in delivery

1.

The delivery dates or deadlines are exclusively non-binding information, unless these have been expressly agreed between you and us as binding. 

2.

The occurrence of a delay in delivery is determined according to the legal regulations. In any case, a prior reminder from you is required.

3.

If we culpably fail to comply with a deadline that was expressly agreed as binding or if we are in default for another reason, you must give us a reasonable grace period to effect our service. If we allow this grace period to elapse without result, you are entitled to withdraw from the purchase contract. If we are unable to meet binding delivery deadlines for reasons for which we are not (non-availability of the service), we will inform you of this immediately and at the same time inform you of the expected new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately reimburse any consideration already provided.

4.

If the delay in delivery is due to the culpable violation of an obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as the buyer can regularly rely and we are responsible for this violation of obligation, we are liable according to the legal regulations. In the case of simple negligence, however, our liability is limited to the foreseeable and typically occurring damage.

§ 6 Delivery, transfer of risk, acceptance, default of acceptance

1.

Delivery is ex warehouse, which is also the place of fulfilment. At the buyer`s request, the goods will be dispatched to another destination (sale to destination). We are authorised to make partial deliveries and render partial deliveries and render partial services at any time, provided this is reasonable for you.

2.

The risk of accidental loss and accidental deterioration of the goods shall pass upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall also apply accordingly to an agreed acceptance. If the Buyer is in default of acceptance, this shall be deemed equivalent to handover or acceptance.

3.

If you are in default of acceptance, fail to co-operate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storages costs). 

§ 7 Retention of title

1.

We reserve title to the goods sold until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims). 

§ 8 Colour designations and sizes

1.

The colour and size specifications given in our publications (catalogue, Internet, etc.) are not subject to any standards. It is not possible to draw conclusions about specific measurements or colour preferences from these details. Even within the same brand, different articles (e.g. polo shirt and T-shirt) may have completely different sizes. Especially with so-called Slim-Fit/Body-Fit shirts, the sizes may not match the unisex items of the same brand. The same applies to ladies` and men`s shirts from the same manufacturer. It is normal for women`s shirts to be cut differently from men`s shirts, even though the sizing is identical. The same colour description can look completely different on different brands or even different items of the same brand. Unfortunately, this problem cannot be solved by the colour bars in the catalogue. Each colour bar printed in the catalogue appears differently under different light sources and it is almost impossible to reproduce a textile colour 100% on paper. Deviations in size and colour therefore do not normally give rise to claims for defects. The right to return goods in accordance with §11 remains unaffected. It should also be pointed out here that every textile article made from cotton or a cotton/polyster blend must be washed before being worn for the first time. Due to the (completely harmless and safe)chemical residues on the textiles, chemical reactions may occur between body perspiration and the residues on the textiles, chemical reactions may occur between body perspiration and the residues if thegarments are worn immediately without being washed, especially under UV light. The resulting colour degradation will persist even after subsequent washes. Complaints or claims for this reason are generally excluded. 

§ 9 Warranty claims of the buyer 

1.

If the delivered item does not have the quality agreed between you and us or if it is not suitable for the use assumed under our contract or for the use in general, we shall be obliged to provide subsequent fulfilment. This does not apply if we are entitled to refuse subsequent fulfilment on the basis of statutory regulations. You must grant us a reasonable period for subsequent fulfilment.

2.

Your claims for defects presuppose that you have complied with your statutory duties of inspection and notification of defects (Art.367 ff. OR). Complaints must be sent to us in writing immediately, at the latest within 3-4 working days - in the case of hidden defects immediately after they become known. The goods must be inspected by you or the finishing company for any defects before finishing (embroidering, printing, etc.). 

3.

Rejected goods must be made available to us at an agreed time and place. If the goods have already been forwarded or distributed to several recipients, we shall not be liable for the costs of collating the rejected goods.

4.

Subsequent fulfilment shall be carried out at your discretion by remedying the defect (rectification) or delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during subsequent fulfilment. If we have unsuccessfully attempted to rectify the defect three times, this shall be deemed to have failed. If rectification has failed, you are entitled, at your discretion, to reduce the purchase price or withdraw from the contract.

5.

You can only assert claims for damages due to a defect if the subsequent fulfilment has failed. Your right to assert further claims for damages under the following conditions remains unaffected.6.

§ 10 Other liability

1.

Unless otherwise stated in these GTCS, including the following provisions,we shall be liable in the event of a breach of contractual and non-contratual obligations in accordance with the relevant statutory provisions.

2.

We shall be liable for damages - irrespective of the legal grounds - in the event of wilful intent and gross negligence. In the event of simple negligence, we shall only be liable

a)

for damages resulting from injury to life, limb or health,

b)

for damages arising from the breach of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable typically occurring damage.

3.

The limitations of liability resulting from paragraph 2 shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.

§ 11 Goods - Returns

1.

The return of new, umprocessed goods will be accepted under the conditions stated in paragraphs 3 and 4 if the delivery was made no more than four weeks ago.

1.1

The following are generally not returnable
- Shirts and blouses individually packed at the factory after unpacking
- Underwear and socks
- Finishing films (L-Flex, L-Flock)
- Goods finished by the customer

The goods listed will only be taken back if the goods have a hidden defect that could not be detected before finishing. Please note § 9, paragraph 2 of these conditions of sale.

1.2

Brook Taverner branded goods can only be returned in their original packaging and with the original hangers.


2.

The goods return note must be enclosed with the return. Returns without this note cannot be processed. If goods from several deliveries are returned together, the goods must be subdivided within the consignment in such a way that they can be clearly assigned to the respective original delivery. A separate goods return note is required for each delivery note number.

3.

If the reason for the return is a supplier error, we will collect the goods from you. The collection can be requested by telephone, fax or email. It is also possible for you to return the goods. We will bear the costs for the return, provided that they do not exceed the costs of collection. Once the return has been processed, you will receive a credit note for the value of the goods including all shipping costs without deduction.

4.

If there is no supplier error, please send us the goods with the return slip(s). In this case, once the return has been processed, you will receive a credit note for the value of the goods less 25% handling costs and up to a maximum refund amount of CHF 200 per return or order, but at least less CHF 5.00 per original delivery. Shipping costs will not be credited in this case. If, in agreed exceptional cases, we also take back unpacked shirts and blouses in deviation from the provision in paragraph 1, the handling costs for these items are 50%.

§ 12 Statute of limitations

1.

The reciprocal claims of the contracting parting shall become time-barred in accordance with the statutory provisions with a limition period of 2 years (Art.210 para. 1 CO), unless otherwise stipulated below.

§ 13 Copyright 

1.

As the client, you are solely liable if the execution of your order infringes the rights, in particular copyrights, of third parties. You must indemnify the contractor against all third-party claims arising from such infringements.

§ 14 Choice of law and place of jurisdiction

1.

These GTCS and all legal relationships between us and you shall be governed by Swiss law to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. However, the conditions and effects of the retention of title in accordance with § 7 are subject to the law of the respective location of the item, insofar as the choice of law made in favour of Swiss law is inadmissible or ineffective.

2.

The place of jurisdiction for both parties is 8212 Neuhausen am Rheinfall. The parties also expressly waive the statutory place of juridiction. However, we shall also be entitled to take legal action at the buyer`s general place of jurisdiction. However, We are also entitled to bring an action at the buyer`s general place of jurisdiction.

§ 15 Severability clause

1.

Should individual provisions of these GTCS be or become invalid in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.



If you have any questions, please feel free to contact us by e-mail: support@eyeplays.ch