Terms of Service
1.1. These terms and conditions applicable for the company This is Gem: FLORIE ASTRUC, a sole proprietorship with headquarters in Zurich, Kanonengasse 35, CH-8004 Zurich, company identification number (UID) CHE-154.481.078 (hereinafter called "seller"), apply to all contracts that a Consumers or entrepreneurs (hereinafter "customer") with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2. A consumer in the sense of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur in the sense of these general terms and conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
1.3. If the customer acts as an entrepreneur within the meaning of A, Section 1.2 of these terms and conditions, the law of the Federal Republic of Switzerland applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods and the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Seller.
2. Conclusion of contract
2.1. The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process. You acknowledge all purchases authorized in the above and further described manner, the correctness of the amount and the resulting debt towards This is Gem
2.3. The seller can accept the customer's offer within five days ... ... by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, ... by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or ... by asking the customer to pay after placing his order. If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.5. When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with the present terms and conditions. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6. Before placing a binding order using the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7. Only English is available for the conclusion of the contract.
2.8. The order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Prices and terms of payment
3.1. The prices quoted by the seller contain the statutory sales tax and other price components. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
3.2. Customers can choose from several payment options available that are specified in the seller's online store.
3.3. If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
3.4. The minimum order value is CHF 75.
4. Purchase on account
Invoice by email free of charge Payment slip / invoice
via A Mail
CHF 3.90 Fee payment reminder (in the form of a monthly statement - no earlier than 30 days after the order)
- Administration fees per account CHF 2.90 Fee for the first reminder CHF 18.00 2nd reminder fee CHF 28.00 3rd reminder fee CHF 38.00 Address or payment inquiries CHF 16.00 + third-party costs incurred Annual interest (partial payments and arrears) 14.9% Copy of invoice CHF 10.00 Collection handover CHF 50.00
Link German version: https://www.powerpay.ch/pdf/PP_AGB_Checkout_de.pdf Link French version: https://www.powerpay.ch/pdf/PP_AGB_Checkout_fr.pdf Link Italian version: https://www.powerpay.ch/pdf/PP_AGB_Checkout_it.pdf Link to the English version: https://www.powerpay.ch/pdf/PP_AGB_Checkout_en.pdf
5. Delivery and shipping conditions
5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. During completion of the transaction specified in the ordering process the seller delivery address shall prevail. the PayPal payment the deposited by the customer at the time of payment at PayPal delivery address is deviation from this significantly to choose from.
5.2. Sends the shipping company sent the goods back to the seller as a delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery.
5.3. In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or a person authorized to receive them when they are handed over.
5.4. The shipment can generally be carried out several camps. A simultaneous arrival of the ordered goods cannot be guaranteed.
6. Liability for defects
6.1. If there is a defect in the purchased item, the seller can first offer the customer a replacement delivery or repair. If replacement or repair is not possible, the customer can withdraw from the contract. The seller has the right to a total of two attempts if the customer is not a reasonable extension has set him before that expired without result. A minor defect generally does not create any warranty claims.
6.2. The customer is obliged to check the goods immediately upon receipt for defects and notify the seller of defects. For new goods, the statute of limitations of two years and for used goods is one year after receipt of the goods.
6.3. The above limitations of liability and limitation periods in section 6.1 and section 6.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert in accordance with the statutory provisions due to defects in accordance with section 7.
6.4. The occurrence of pin (also: corked, cork taint) can only be determined upon consumption of wine. For a complaint, the cork and lot number of the wine are required so that it can be processed quickly.
7. Liability The seller is liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
7.1. The seller is fully liable for any legal reason - in the event of willful intent or gross negligence, - in the event of negligent or willful injury to life, body or health, - on the basis of a guarantee promise, unless otherwise regulated in this regard, - due to mandatory liability, such as under the Product Liability Act.
7.2. Violated the supplier negligently an essential contractual obligation, liability to typical, foreseeable damage, unless in accordance with Section 6.1 is liability unlimited. Material contractual obligations are obligations imposed by the contract the seller to its content to achieve the purpose of the contract, the fulfillment of which renders the proper execution of the contract and regularly rely on compliance with the customer.
7.3. Incidentally, a liability of the seller is excluded.
7.4. The above liability regulations also apply with regard to the liability of the seller for his assistants and legal representatives.
8.1. Complaints about defective goods and / or services as well as returns are only to be submitted and settled directly to This is Gem. The existence of such disputes does not release you from the obligation to pay the invoice or the total value of the dispute.
8.2. If you have already paid the original invoice in full and have not made a new purchase within 60 days, you will be refunded to the one you specify and in your name for returns of goods that were purchased via "purchase on account" Bank or postal account.
8.3. In the case of complaints and returns of goods and / or services sold, please contact This is Gem customer service, which is exclusively responsible for handling and processing.