Terms and conditions

In this section you can find all info about general terms and conditions

Applicability

  1.   All offers, deliveries and services of the company group Fa. TALAS Exclusive Brands, owner Zdenka Nisandzic, Address: Halmackerstr. 352, 4625 Oberbuchsiten, Phone. +41… (further “seller”) shall only be effective according to the following Standard Terms and Conditions in the version valid at the time of order.
  2. Deviations from terms and conditions of purchase are hereby expressly excluded. These only apply if acknowledged in writing by the seller.

Offer and conclusion of contract

  1. The online order agreement is in effect in accordance with the terms and conditions.
  2. Online orders without a correct address and/or order information do not fall under responsibility of the seller. Input errors must be checked, corrected and verified by the buyer before delivery. New shipping fees will be charged to the buyer for any resulting returns.

Contact for order correction: see right of withdrawal by the customer.

Right of withdrawal, cancelation instructions and Model Withdrawal Form

3.1 Right of withdrawal

Consumers are in principle entitled to the right of withdrawal. Further information on the right of withdrawal is available in the revocation instructions of the seller.

3.1.1 Right of Revocation and Model Withdrawal Form

Consumers are entitled to the right of withdrawal according to the following conditionswhereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor for selfemployment.

3.2 Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract without reason within one month. The withdrawal period is one month from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the final goods.

To exercise your right of withdrawal, Fa. TALAS Exclusive Brands, Frau Zdenka Nisandzic, Halmackerstr. 352, 4625 Oberbuchsiten, Tel. +41 ……. ,   E-mail: ……. must be informed through clear declaration (e.g. a letter sent by post or an email) regarding the decision to cancel this agreement.  You can use the withdrawal template form for this purpose. To ensure withdrawal rights, it is sufficient for you to send the clear declaration regarding exercise of withdrawal from the agreement before the withdrawal period expires.

 

Consequences of withdrawal

 

If you withdraw from this Agreement, all payments have received from you are held by us, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery). We offer to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract was received. For this repayment, we shall use the same means of payment used in the original transaction, unless otherwise agreed. In no case will you be charged repayment fees. We may refuse repayment until we receipt of the goods or until proof of returned goods have been provided, whichever is first. You must return the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is considered met if you send the goods before the deadline of fourteen days. You bear all costs of returning the goods.

You only have to pay for a possible loss in value of the goods unless this loss of value is due to unnecessary handling for examination of the nature, characteristics and functioning of the goods.

 

End of the withdrawal instructions

 

3.3 Model withdrawal form

If you wish to cancel the contract, please fill out this form and send it back to us.

Fa. TALAS Exclusive Brands

Zdenka Nisandzic

Halmackerstrasse 352

4625 Oberbuchsiten

E-mail: ….

 

I/we (*) hereby withdraw from the contract concluded by me/us (*) on the sale of the following goods (*)/the rendering of the following services (*)

 

Ordered on (*)/____________ / (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s)  (only for paper communication)

Date

(*)Delete as appropriate

Prices

The prices are valid at the time of the order. The prices include VAT plus shipping costs. Eventual errors are reserved.

Delivery and Payment terms / Risk of loss

  1. The purchase price is due immediately upon order. Payment is in advance, unless otherwise agreed.
  2. Any shipping costs are specified separately with the product description. We ship only domestically (in Switzerland) and therefore only the domestic shipping costs are calculated.
  3. The delivery of goods shall be made by a shipping service to the delivery address specified by the customer, unless otherwise agreed. Information about the delivery period is not binding, unless the delivery date has been expressly promised. The seller tries to deliver the ordered goods as fast as possible.
  4. If the seller’s shipper is not able to complete delivery as ordered, rights are reserved to, either, not complete delivery or to complete partial delivery. In this case, the seller will inform the customer immediately. The seller also reserves the right to deliver goods only in customary quantities.
  5. The risk of accidental loss or depreciation falls under responsibility of the seller if it is a consumer goods purchase.

Compensation and retention

  1. The customer is only entitled to compensation if the seller has accepted the counterclaims or if those claims have been legally established.
  2. The customer is only entitled to exercise a right of retention if the counterclaims are based on the same contractual relationship

Warranty

  1.  The warranty is governed by local statutory regulations.The warranty period for consumers is mandatory. The warranty period is two years from the delivery of the goods. In corporate transactions, the warranty period is reduced to 1 year.
  2.  The warranty does not extend to defects caused by normal wear and tear as well as improper use and handling of the goods. The instructions for use and care of the manufacturer must be observed.
  3.  In the case of defects, the customer is entitled to demand either repair or replacement. If the seller is not willing or not able to remedy the defect or replacement because of inordinate use or unreasonableness, or if the defect removal or replacement fails, the customer is entitled to withdraw from the contract and demand a corresponding reduction of the purchase price or damages.

Liability

  1. The Seller is liable to the customer for incurred damages only in the case of intent or gross negligence. In case of breach of essential contractual obligations, the seller is also liable if the damage was caused by minimal negligence. Product liability remains reserved.
  2. The liability of the seller in cases of minimal negligent breach of essential contractual obligations is limited to the contractually typical and foreseeable damage. The liability for damages which are not incurred in delivery of item as well as claims for loss of profit or other pecuniary loss by the customer are excluded in these cases.
  3. If the liability is limited or excluded according to the aforementioned regulations, this also applies to the representatives and agents of the seller.

Retention of title

The seller reserves the ownership of the goods until all payments specified in the contract have been received. As long as this retention of title exists, the customer may neither resell or dispose of the goods.

Data protection

  1.  Upon order, personal data such as first name, last name, address, postal code, city, telephone number and e-mail address are collected in order to process the orders and dispatch the ordered goods.
  2. We store the personal data for the purpose of transaction. Your data will be used and processed exclusively within the framework of the applicable data protection laws. The transfer of the data to other third parties outside of an order and settlement is excluded. Also, the disclosure to third parties for general advertising purposes or the market and opinion research is excluded.
  3. You are entitled at any time to inspect your data and, if necessary, to have information changed or deleted. Please use the mentioned contact data in the legal notice of this website.

Applicable law, jurisdiction and final provisions

  1. Language of contract is German.
  2. Swiss law applies to the exclusion of UN sales law. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not revoked by mandatory provisions of the law of the state in which the consumer has regular residence.
  3. Fulfillment and jurisdiction for all contractual and legal claims is, as far as legally permissible, the registered office of the seller.
  4. Should any provision of these conditions be or become null and void, the remaining conditions shall remain valid. The parties shall replace the void provision with such effective one, which comes closest to the will of the contracting parties economically.