General Terms and Conditions (Ts&Cs)
Please note: Only the German original of these General Terms and Conditions is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these Ts&Cs, you automatically accept the German original.
The following Ts&Cs apply to all legal transactions made through the websites www.sbysabrina.ch and www.sbysabrina.com (hereinafter referred to as "webshop").
Your contractual partner is:
S by Sabrina
Sabrina America
Spiseggstrasse 13
9030 St. Josefen
Switzerland
Company identification number (Swiss UID): CHE-232.083.497
1. Scope of application
1.1. For the business relationship between S by Sabrina - Sabrina America, Spiseggstrasse 13, 9030 St. Josefen, Switzerland (hereinafter referred to as " seller") and the customer (hereinafter referred to as "customer") are governed by the following terms and conditions (Ts&Cs) in the version valid at the time of the order.
1.2. Our customer service is available for questions by e-mail at hello@sbysabrina.ch
1.3. Customer in the sense of these Ts&Cs is any natural or legal person who can conclude a legal transaction for a purpose.
1.4. Different terms and conditions of the customer will not be accepted unless the seller gives her written agreement to their validity.
2. Offers and service descriptions
2.1. The seller does not give any guarantee for any information about the product range, availability, delivery times, services and guarantee conditions and duration. This information must not be understood as a warranty. The seller assumes no liability for the correctness, actuality and completeness.
3. Order and conclusion of contract
3.1. Product range, prices and services published in the webshop represent an offer. However, the agreements are always subject to the (resolving) condition of an inability to deliver or incorrect price indication by the seller.
3.2. As soon as the customer places an order online, by e-mail, on the phone or in the webshop, this is considered to be a business decision or conclusion of a contract. An order confirmation by e-mail informs the customer that his order has been received by the seller.
3.3. The receipt of the order confirmation does not constitute a promise that the product is actually available or can be delivered. The order confirmation only informs the customer that the order placed has been received by the seller. Thus a contract has been created which can be cancelled in case of non-delivery. The occurrence of one of the above resolutely conditions (impossibility of delivery or incorrect price indication) immediately dissolves the contract without the co-determination of the customer or the seller.
3.4. If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. In this case, the agreement is subject to the (resolving) condition that the customer pays within 10 calendar days after sending the order confirmation. A reservation of the article(s) in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. Price
4.1. The prices in the webshop are shown in Swiss Francs (CHF).
4.2. Not included in the price are the costs for shipping. They are mentioned with the pro-duct and can vary depending on the size and packaging of the product.
4.3. The prices in the shop are shown in CHF without VAT, as the seller is not liable for VAT.
5. Availability of goods
5.1. If at the time the customer places the order, the selected product is not available, the seller shall inform the customer of this fact with the confirmation of the order, communicating the new delivery period. If the product is permanently unavailable, the seller will refrain from issuing a declaration of acceptance. In this case a contract is not concluded. /p>
5.2. If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, the seller shall immediately refund any payments already made by the customer.
6. Delivery and collection
6.1. Deliveries are only made to Switzerland.
6.2. Within Switzerland orders with an order value of CHF 100 or more are delivered free of charge. The customer has the option of picking up the goods free of charge at Spiseggstrasse 13, 9030 St. Josefen, Switzerland, under arrangement of the date with the seller, within 14 days after placing the order.
6.3. The seller sends the order by Swiss Post in Switzerland.
6.4. The customer is requested to check the goods collected or delivered immediately for completeness, correctness and possible damages. Within 5 working days errors or damages must be reported to the seller in writing to hello@sbysabrina.ch
6.5. If fees have accrued due to non-collection, incorrect address details or refusal to collect the goods from external partners (e.g. Swiss Post), these must be paid by the customer.
7. Terms of payment
7.1. The customer can choose from the available payment methods within the scope of and before completion of the order process. The following payment methods are available: credit card (Visa & Master Card), TWINT and invoice with advance payment.
7.2. If third party providers are commissioned with the payment processing, e.g. Saferpay - SixPayment, their General Terms and Conditions apply.
8. Retention of ownership
8.1. The delivered goods remain the property of the seller until full payment has been made.
9. Warranty for material defects and guarantee
9.1. The warranty is determined by legal regulations.
9.2. A guarantee exists for the goods delivered by the seller only if it has been given expressly and in writing.
9.3. In the event of a warranty claim, the following options are available to the seller: Exchange or compensation. The compensation will be calculated based on the current value of the product, but will never exceed the value on the day of purchase.
9.4. The guarantee period is 5 working days after receipt of the goods.
9.5. Warranty services will be provided unless there are reasons for exclusion such as incorrect and harmful handling or other damage. Damage caused by natural forces (damage caused by the action of nature) or fall and are not covered by the guarantee.
9.6. Warranty replacement does not extend the original warranty period.
10. Liability
10.1. No claims for damages can be asserted on the grounds of impossibility of performance, breach of contract or other fault. If the contract is dissolved, the seller is not obliged to deliver a replacement, as far as legally permissible.
11. Legal right of cancellation
11.1. Orders placed with the seller are binding, i.e. the customer must accept the service. It is at the seller’s discretion to grant subsequent changes and cancellations in special cases. This may result in administrative charges. The compensation for the inconvenience amounts to 20% of the order as well as the loss in value of the product since the order.
11.2. The customer has seven days to accept the products. Otherwise, the seller has the right to dissolve the contract and to charge the customer for the costs of inconvenience.
11.3. If the seller is unable to deliver the order due to impossibility of delivery, the customer has the right to withdraw from the contract at the earliest four weeks after the agreed delivery date. The amounts refunded in advance will be refunded to the customer in the event of non-delivery.
12. Returns
12.1. The seller grants her customers a right of return within 14 days after receipt of the delivery. The period begins on the day on which the order is received by the customer.
12.2. Prerequisites for the right of return are sealed products must not have been opened. All products must also be returned complete and undamaged. Labels and, if necessary, protective films or packaging are part of the scope of delivery and must also be returned. The customer shall ensure that the products are properly packed.
12.3. Returns are at the expense and risk of the customer and must be sent back by registered mail. The post office will then issue the customer with a receipt with the consignment number, which will be kept by the customer.
12.4. Products shall be returned to the following address:
S by Sabrina
Sabrina America
Spiseggstrasse 13
9030 St. Josefen
Switzerland
12.5. Returns that cannot be assigned to the customer are in the blocked warehouse for one month. After that the seller has free disposal of the return shipment.
12.6. Specially marked products may be excluded from the right of return. The right of return does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or to the delivery of digital products.
13. Storage of the contract text
13.1. The seller saves the text of the contract from the order. The Ts&Cs are available online. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
13.2. The seller will also send the customer an order confirmation with all order details to the e-mail address provided by the customer.
14. Data Privacy
14.1. The seller processes personal data of the customer for the intended purpose and in accordance with the statutory provisions.
14.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) shall be used by the seller for the fulfilment and processing of the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
14.3. The customer has the right to request information free of charge about the personal data stored by the seller. In addition, the customer has the right to correct incorrect data, block and delete the personal data, unless there is a legal obligation to retain data.
14.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
15. Place of jurisdiction, applicable law, contractual language
15.1. The legal relationship between the customer and the seller shall be based on substantive Swiss law, excluding conflict of laws provisions and the Vienna Convention on Contracts for the International Sale of Goods.
15.2. Place of jurisdiction for natural persons is Gaiserwald (SG), Switzerland, or the residence of the customer. Exclusive place of jurisdiction for legal entities is Gaiserwald (SG), Switzerland.
15.3. The contractual language is German.
16. Changes to the present Ts&Cs
16.1. The seller may adjust these Ts&Cs from time to time. The respective current Ts&Cs are available at www.sbysabrina.ch/agb
Last updated: May 2020