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Terms of Service

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 1- Scope.

2- Information.

2.1-Product and Price.

2.2-Availability and delivery time.

3 – Conclusion of a contract.

4 – Delivery date.

5- Delivery / store collection.

6- Obligation to inspect.

7-Liability and Disclaimer.

8-payment.

8.1- Payment options.

8.2-Default in Payment.

8.3-Retention of title.

9-Change of order or cancellation.

10-Return of goods free of defects.

11-User Comments, Feedback, and Other Submissions.

12-Further provisions.

12.- Returns that cannot be assigned.

12.2-Uncollected or undeliverable products.

12.3-Data protection.

12.4-Partial Invalidity.

12.5-Place of Jurisdiction and Applicable Law.

12.6-Copyright Notice.

1- Scope

The general terms and conditions (hereinafter referred to as “GTC”) apply to all legal transactions concluded via the online shop www.gianniarmando.eu (hereinafter referred to as “online shop”). The online shop is operated by Celik Leather & Textiles (hereinafter referred to as “Celik Textiles”).

Celik Textilien reserves the right to change these terms and conditions at any time. The version of these terms and conditions applicable at the time of the order is decisive, which cannot be unilaterally changed for this order. Conditions of customers that contradict or deviate from these GTC will not be recognized.

The offer is valid as long as the product can be found using the search engine in the online shop and / or stocks last.

Orders in quantities that are not common in the household can be refused without giving a reason.

Our business is hosted on wordpress.org or woocommerce. They provide us with the online e-commerce platform that we can use to sell our products and services to you.

 2 Information

2.1 Product and Price

Images of products in advertising, brochures, online shops, etc. serve for illustration and are non-binding.

All sales prices published in the online shop are final prices that include all taxes (especially VAT), any advance recycling fees (ARF), costs for packaging / s, delivery costs and all other possible taxes, fees or costs. The only exception to this is a possible minimum quantity surcharge, which is levied by Celik Textiles. In addition to the final price, a surcharge for small quantities of a maximum of CHF 9.00 will be charged if the total of the shopping cart is less than CHF 19.90 when an order is placed. Celik Textiles reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.

2.2 Availability and delivery time

Celik Textilien attaches great importance to the availability and delivery times in the online shop to be updated and accurate. However, due to production or delivery bottlenecks in particular, delivery delays can occur both at Celik Textiles itself and at dealers. All information on availability and delivery time are therefore without guarantee and can change at any time.

 3 Conclusion of a contract

The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition dissolving the contract of an impossibility of delivery or an incorrect price indication.

The purchase contract for products or services from Celik Textiles with Celik Textiles comes into being as soon as the customer places their order in the online shop, in one of the branches, by phone or email (hereinafter referred to as the “purchase contract”).

The arrival of an online order is indicated to the customers by means of an automatically generated order confirmation from Celik Textiles to the e-mail address they have given. The receipt of the automatically generated order confirmation does not contain any assurance that the product can actually be delivered. It only shows the customer that the order placed has arrived at the online shop and that the contract with Celik Textiles or the retailer has been concluded on the condition that delivery is possible and that the price is correct.

4 Delivery date

With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed.

If Celik Textiles or the retailer defaults in delivery, customers (except for special orders) have the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, Celik Textilien will reimburse customers for amounts already paid in advance. Any further claims against Celik Textiles or the dealer do not exist.

5 Delivery / store collection

 For products and services from Celik Textiles, all delivery and collection options are available to customers, which are noted in the online shop under “Delivery and collection”.

If the customer chooses the delivery option “delivery to the place of use”, the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the entrances (e.g. stairwell, doors, etc.). If the product cannot be transported to the place of use, the customer bears any additional costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, Celik Textiles or the retailer can dissolve (cancel) the contract and invoice the customer for the delivery costs incurred and any loss of value.

If the customer does not pick up the products ordered in a branch (branch collection) within 14 calendar days of being ready for collection in the branch, Celik Textiles can terminate the contract.

6 Obligation to inspect

Customers must immediately check delivered or picked up products for correctness, completeness and delivery damage.

In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries must be reported to Celik Textiles within 5 calendar days of the time of collection or delivery. Customers are aware that such a report must be made in the online shop under the heading “Return Policy”. Customers are not allowed to use such a product. She has to keep it as received in the original packaging and follow the instructions of the return policy.

7 Liability and Disclaimer

Liability is based on the applicable statutory provisions. However, Celik Textilien is in no way liable for (i) slight negligence, (ii) indirect and consequential damage and consequential damage and loss of profit, (iii) unrealized savings, (iv) damage from delayed delivery and (v) any acts or omissions of auxiliary persons from Celik Textiles or the auxiliaries of a retailer, be it contractual or non-contractual.

In addition, Celik Textiles or the retailer decline liability in the following cases: improper, contrary to contract or illegal storage, adjustment or use of the products; failure to maintain and / or improper modification or repair of the products by the customer or a third party;force majeure, in particular elementary, moisture, fall and impact damage, etc., for which Celik Textilien is not responsible, and official orders.

 8 Payment

8.1 Payment options

Celik Textilien asserts all payment claims for products and services that are purchased through Celik Textiles online shops directly from customers. The customer takes note of this assignment and is obliged to make all payments exclusively to Celik Textiles.

Cash payment is only possible for Celik Textiles products in the event of a store pickup.

The payment options offered as a means of payment in the online shop under “Payment Options” are available to customers.

The current payment method fees, which may be charged by Celik Textiles, can be seen under “Payment options” and are shown in detail in the order process.

When paying by credit card or other instant payment methods, the charge is made when ordering.

In the case of prepayment, delivery will only take place after receipt of payment. The products in the Celik Textiles central warehouse are reserved until the payment period of at least 11 calendar days has expired. This also applies to products that are initially ordered externally, but are processed and shipped via our warehouse. In the case of products that are delivered to our customers by direct delivery from a dealer or an external distributor, the external order is only placed after receipt of payment.

In the case of chargeable purchase on account, the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deduction. In the case of a partial return of the delivered products, the invoice amount can be reduced accordingly.

8.2 Default in Payment

If customers fail to meet their payment obligations in whole or in part, all outstanding amounts owed by customers to Celik Textiles under any title are due immediately (in the case of advance payment within 8 calendar days from the 1st reminder) and Celik Textiles can demand these immediately and make further deliveries of products to customers.

Celik Textilien charges a handling fee of EUR  9 for the 2nd reminder and a handling fee of EUR  20 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an effective annual interest rate of up to 15% can also be charged on the invoice amount owed from the due date. The company commissioned with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

8.3 Retention of title

Ordered products remain the property of Celik Textiles until they have been paid for in full. Celik Textiles is entitled to make a corresponding entry in the retention of title register. Pledging, assignment by way of security, processing or redesigning without the express consent of Celik Textiles is not permitted prior to the transfer of ownership.

9 Change of order or cancellation

Orders oblige customers to accept the products and services. Subsequent changes or cancellations of orders by customers can be accepted by Celik Textiles at its own discretion and charge a handling fee of 20% of the canceled order value, but at least CHF 60.–, as well as any loss in value of the canceled products since they were ordered.

If after an order or the conclusion of a contract a (partial) delivery impossibility (dissolving condition) occurs, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded. If no payment has been made yet, customers are released from their obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.

10 Return of defect-free goods

Under the conditions listed in the return policy, Celik Textiles grants the right to return the ordered products within a maximum of 14 calendar days from their dispatch or collection.

Customers must return the products in accordance with the instructions given in the “Return Policy” section. The products must be properly packed with all accessories in the original packaging. Damaged products will not be taken back or the customer will be invoiced in full.

In connection with every return of products for which import customs clearance has taken place in the name of the customer, the customer authorizes and instructs Celik Textiles to file the export customs declaration for the returned products and to apply for any reimbursement of Swiss import duties in the name and on behalf of the customer. If the customer was unable or only partially able to deduct the import tax as input tax and the other requirements for import tax reimbursement due to re-export of the ordered products are met, Celik Textiles will reimburse customers for the import tax they have paid in advance after receipt of the corresponding amount from the Federal Customs Administration. For companies listed in the Swiss or Liechtenstein VAT register, proof of the non-deductibility of the import tax must be provided by means of a corresponding confirmation from the Federal Tax Administration.

In this context, the customer assures Celik Textiles that the information and listing of the returned products are complete and correct in accordance with the information provided by the customer and that the return shipment actually contains the products specified in the return slip. The customers hold Celik Textiles completely harmless from all third party claims in connection with an incomplete or incorrect customs declaration caused by the customer. Celik Textilien has the right to check the information provided by customers by means of random checks.

11 User Comments, Feedback, and Other Submissions

When you send certain submissions (e.g. competition entries) at our request or without request from us, creative ideas, suggestions, plans or other materials, whether online, by e-mail, by post or otherwise (collectively “Comments”) , you agree that we can edit, copy, publish, distribute, translate and otherwise use comments that you forward to us at any time without restriction in a medium. We are not and will not remain obliged (1) to treat comments confidentially; (2) to pay compensation for any comments; or (3) to respond to comments.

We may, but are not obliged to, monitor, edit or remove content that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which is the intellectual property of any party or violate these Terms of Use.

You agree that your comments will not infringe any third party rights, including copyright, trademark, privacy, privacy, or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate yourself or otherwise mislead us or any third party as to the origin of comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

12 Further provisions

 12.1 Returns that cannot be assigned

Returns that cannot be assigned to any customer or that cannot be returned to the customer are kept by Celik Textiles for six months and then disposed of.

12.2 Uncollected or undeliverable products

If goods that are related to the return policy in accordance with section 10 are not collected from the branches within six months of sending the request for collection to the customer, or if the goods cannot be returned, Celik Textiles is entitled to dispose of the goods, especially to dispose of them.

12.3 Data protection

The data protection declaration applies to the processing of personal data by Celik Textilien.

12.4 Partial Invalidity

Should individual provisions of these terms and conditions be invalid or ineffective, this has no influence on the effectiveness of the remaining provisions and these terms and conditions as a whole.

12.5 Place of Jurisdiction and Applicable Law

All legal relationships between Celik Textiles and customers are subject to substantive Swiss law. The Vienna sales law is not applicable.

The following exclusive places of jurisdiction apply:

For all claims from sales contracts to which Celik Textiles is a party:

In all cases, Zurich is the exclusive place of jurisdiction.

12.6 Copyright Notice

All rights, including copyrights, to these terms and conditions are held by Celik Textilien.

Any duplication, distribution or other use is prohibited and is only permitted with the express written consent of Celik Textilien. Celik Textilien reserves the right to take all legal steps in the event of a breach of this requirement.

Gianni & Armando   Celik Leder & Textilien – Riza Celik

06.06.2021