1. SCOPE

1.1. Our range of goods in the online shop is aimed at consumers with a delivery address in Switzerland, the Principality of Liechtenstein, Germany and Austria.

1.2. The operator of the online shop at www.geschenkroyal.ch/de/at (hereinafter referred to as „seller/online shop”) and your contractual partner is: 

UNIQUE FLAIR GMBH
Rösslihalde 10
6103 Schwarzenberg
 

Commercial register: Lucerne
Commercial register number: CHE-423.338.794

 

1.3. These General Terms and Conditions (hereinafter referred to as „GTC”) apply to all contracts concluded between you as a customer and us as operator of the online shop www.geschenkroyal.ch/de/at (hereinafter referred to as „Seller” or „GeschenkRoyal”). During the ordering process you accept the GTC in the version valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also fulfilled if a declaration is contained in an email.

 

2. CONCLUSION OF CONTRACT

2.1. The offer to conclude a purchase contract is made by the customer by clicking on the button „Buy Now” after the order page has been completely filled out. The customer remains bound to the order for one week. The contract becomes binding if we accept the order within this period of time according to point 2.3. 

2.2. After sending the order, the customer receives an automated email with which we confirm the receipt of the order (order confirmation). The order confirmation serves only as information that we have received the order.

2.3. A contract is only valid when we declare acceptance of the contract. We declare the acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by email that the goods have left our warehouse (shipping confirmation) or at the latest by delivering the goods.

2.4. The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This is also the final basis for the scope of services.

2.5. The contract is concluded in German language. The data stored with us serve as proof of the conclusion of the contract and the transaction.

2.6. The customer has the possibility to print out the order and the entered data during the ordering process. Furthermore, there is the possibility to open a customer account. In the customer account the order data can be viewed after entering the personal access data. The seller reserves the right to block customer accounts at his own discretion without giving reasons.

 

3. PRICES, SHIPPING AND RETURN COSTS

3.1. All prices are quoted gross in Swiss Francs (CHF) and Euro including VAT, we reserve the right to make changes to the prices and conditions stated on the website, whereby the effective date is the day of the order.

3.2. The delivery costs are calculated as follows:

a) General shipping costs
The following flat-rate shipping charges apply once per order:

  • Switzerland, Principality of Liechtenstein: SFR 9,–

  • Germany, Austria: € 15,–

  • Other countries on request

 

3.3. If a right of withdrawal exists and is used, the customer shall bear the costs of the return shipment. Since this product is your very personal one, unfortunately we cannot take it back, which means it is excluded from the right of withdrawal.

 

4. DELIVERY TERMS

4.1. «GeschenkRoyal» limited the delivery of the range of goods to the following countries:

  • Switzerland

  • Germany

  • Austria

 

Delivery will be made directly to the delivery address and contact person provided by the buyer.

 

4.2. Delivery takes place under the condition of timely and proper self-delivery by the suppliers. In cases of force majeure such as strike and other employment disputes, insurrection, war, natural disasters, as well as in the event of a delivery block of the manufacturer or pre-supplier, there iso default of the delivery. The seller is not liable for delays in delivery that were caused by manufacturer companies or by third parties.

 

4.3. Should it become apparent after conclusion of the contract that goods cannot be delivered either in part or in whole for reasons for which the seller is not responsible, the customer shall be entitled to withdraw from the contract.

4.4. Our service is an obligation to send and is fulfilled with the handover to the delivery company. After dispatch, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. We are not responsible for any fault of the transport company used.

4.5. In the online shop or in our order confirmation according to point 2.3. the delivery times stated are calculated from the time of our order confirmation.

 

5. PAYMENT & RETENTION OF TITLE

5.1. Payment of the purchase price can be made either by credit card (VISA, Mastercard and American Express), PayPal, Debitcard, Postcard or invoice (only possible within Switzerland), if provided and available on the website. The data for payment via credit and debit cards is transmitted in encrypted form.

5.2. Orders are payable immediately, subject to the following provisions.

5.3. When purchasing on account (only within Switzerland), the purchases made are invoiced in the middle and end of the month. Purchases and returns that intersect with the invoices will be taken into account on subsequent invoices (account statement). If no objections are raised to our invoices within 14 days of the invoice date, the balance shown is deemed to be approved. The invoice amount is due within 20 days of the invoice date. In the event of default, we will charge default interest of 1.17% per month on the outstanding amount. In addition, we charge a reminder fee of CHF 30 for each reminder, which is added to the outstanding amount plus default interest.

5.4. You as a customer are only entitled to rights of set-off or retention insofar as the claim is legally established or undisputed. This does not affect your counter rights in case of defects in the delivery.

5.5. Until the full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price) we reserve the right of ownership of the delivered goods in any case. The seller is entitled to make a corresponding entry in the retention of title register.

5.6. Please note that our webshop is primarily geared to the needs of our private customers. For this reason, we are not able to subsequently create invoices, receipts or VAT statements for your online order.

 

6. RETURN POLICY

6.1. The customer has the right to return the goods after consultation within a period of 21 days.

 

6.2. The customer bears the costs of the return. If the customer has returned the goods properly and on time, he will either receive a replacement delivery or the value of the goods as a voucher from «GeschenkRoyal».

 

6.3. The goods must be returned to the following address, enclosing the completed return slip included in the delivery and a copy of your invoice, which you have received by email: 

UNIQUE FLAIR GMBH
Rösslihalde 10
6103 Schwarzenberg

 

6.4. If the goods are properly returned, we will refund the customer the total price paid by credit note after checking the goods. A refund is always made to the means of payment used for the purchase. In case of any refunds from purchase on account, we will refund the amount to the corresponding account.

 

7. RIGHT OF WITHDRAWAL

 

7.1. You are obligated to inspect the delivered products as soon as it is possible in the normal course of business and to notify our customer service kontakt@geschenkroyal.ch immediately of any defects detected. If you fail to do so, the products shall be deemed approved. In any case, the approval is deemed to have been given unless the customer has submitted a notice of defects to our customer service by email within 8 days after delivery.

 

7.2. Defects that could not be detected during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after their detection by email to kontakt@geschenkroyal.ch, otherwise the ordered products shall be deemed to have been approved with regard to these defects as well.

 

7.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be sent to the buyer by email after receipt of the written complaint. The transport costs incurred shall be borne by the customer.

7.4. We provide warranty by remedying defects. This is done at our discretion either by supplementary performance, namely elimination of a defect (rectification) or delivery of a defect-free item (replacement). Replaced products become the property of the seller.

7.5. If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in case of insignificant defects. A right of the customer to reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they those arising from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR) etc.

7.6. Normal wear and tear and the consequences of improper handling or damage by the buyer or third parties as well as defects caused by external circumstances are not covered by the warranty.

7.7. The customer does not receive guarantees in the legal sense from the seller. Manufacturer’s guarantees remain of course unaffected. The seller assumes no liability for the descriptions of third parties, in particular customers in the context of the customer reviews published in the online shop or our social media presence.
 

8. LIABILITY

8.1. All cases of breaches of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis, are conclusively regulated in these GTC. Other claims of the buyer – regardless of the legal ground – are excluded, as far as legally permissible. The seller, employees and possible vicarious agents are not liable for damages that have not occurred to the goods themselves, especially not for consequential damages, lost profits or other financial losses of the buyer.

9. DATA PROTECTION

9.1. The collection and processing of personal data of customers by the seller is explained in the privacy policy. This forms an integral part of the contract of these GTC. Click here to go directly to the privacy policy.

9.2. The customer hereby consents to the storage of the personal data entered by the customer in the course of using the website. This also applies to the storage of IP addresses that are transmitted each time the website is used. The customer also agrees to the use of the personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be forwarded to the advertisers.

9.3. The customer further agrees that the seller may use personal data of customers for direct marketing purposes. This includes addressing customers in advertising by email and by post.

9.4. By accepting the GTCs, the customer confirms the correctness of the information provided and authorizes UNIQUE FLAIR GMBH to obtain all information (within Switzerland) from public offices, credit agencies and the Central Office for Credit Information (ZEK) necessary for the verification of the order. Existing customers are also checked at regular intervals at the above-mentioned offices.

10. SEVERABILITY CLAUSE & RIGHT TO MODIFICATION

10.1. Should individual provisions of these GTCs be invalid or incomplete or should fulfilment be impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, in terms of its content, comes closest to the original intention and the economic purpose pursued thereby.

10.2. All changes or additions to these GTCs require a form that allows for proof by text, such as email. This also applies to a change in the written form requirement. As soon as the customer makes use of the seller’s services after the change, the customer implicitly agrees to the new GTC.

10.3. Other contractual conditions of the customer, namely also those which the customer declares applicable together with the acceptance of the contract, do not become part of the contract. They are only valid if and insofar as they have been expressly accepted by the seller in writing.
 

11. APPLICABLE LAW / PLACE OF JURISDICTION

Swiss law applies exclusively, excluding the conflict of laws norms of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the place of business of the seller.