Terms and conditions

Terms and Conditions of Use for evenswiss.ch – EVENSWISS GmbH

1. Scope of application

The Terms and Conditions (hereinafter "Terms") of EVENSWISS GmbH (hereinafter referred to as "EVENSWISS") apply to all services and products (the "Products") from EVENSWISS, especially to products that are available through the website evenswiss.ch. Any natural or legal person, who enters into a business relationship with EVENSWISS, is referred to as customer.

Opposing or deviating conditions from these Terms are not accepted unless EVENSWISS has approved their validity expressly and in writing. The current and binding version of the Terms will be published under evenswiss.ch. A written copy can be obtained from EVENSWISS.

2. No liability for product and availability information.

EVENSWISS strives to inform customers about the products and services as well as possible. Any information about products and services, which will be published by EVENSWISS, is without guarantee and must not be construed as an assurance. In particular, no liability can be assumed for the completeness and actuality of the information.

EVENSWISS aims to provide as accurate information on the availability of its products as possible. Still, as a result of production or supply shortages or incorrect inventory data a delay in delivery can occur. All information about delivery times is therefore non-binding and may change at any time and without notice. Moreover, the delivery can fail entirely if a product is no longer manufactured or deliverable. In this case, an impossibility of delivery (resolutive condition) in accordance with Point 9 of the Terms occurs.

3. Offer

The offers on evenswiss.ch are subject to change and are not regarded as binding offers.

A contract is only concluded by the order confirmation via E-Mail or through the delivery or pick-up of the goods ordered. The availability of the items / products from our suppliers or manufacturers remains reserved. The offers on evenswiss.ch are primarily intended for end consumers. EVENSWISS, therefore, reserves the right not to accept orders placed by customers, in particular if quantities of an item are ordered which are uncommon with a regular household.

4. Prices

All prices on evenswiss.ch are in CHF (Swiss Francs) and including VAT.

Other costs (such as shipping, packaging and surcharges in accordance with the selected method of payment) are shown separately and charged extra.

For price determination the time of the order applies. Subsequent price fluctuations are not considered while executing an order. Technical changes, errors and misprints are reserved.

EVENSWISS can change prices at any time without prior notice.

No support services are included in the selling price.

Buyers pay import charges (including tax and customs fees) according to country.

5. Conclusion of the contract

The products, services and prices, which are published on evenswiss.ch shall be regarded as offer. This offer is made however under the (resolutive) condition of an impossibility to deliver or an erroneous price quotation (from the side of EVENSWISS).

The contract is concluded as soon as the customer places his order at the online store, by phone or email. Online orders will be confirmed by an automatically generated E-Mail.

The receipt of an auto-generated order confirmation is no promise that the product is actually available and can be delivered. It only indicates to the customer that the order has arrived at EVENSWISS and that the contract (which is still under the resolutive condition of the missing availability) has been concluded.

If any of the above (resolutive) conditions occur, the contract is immediately and automatically cancelled, with prompt information of the customer. If the products have already been delivered, the property automatically falls back to EVENSWISS, and the customer is obliged to return the products (under refund of the price paid to EVENSWISS). If the product has not been delivered yet, the customer is not obliged to effect the payment nor to purchase the product. As a result of such termination, EVENSWISS is not obliged to compensate by providing a replacement.

6. Terms of payment

The customer is obliged to pay by using one of the payment options provided. The current payment options and the associated conditions are published on evenswiss.ch.

Products delivered to the customer remain the property of EVENSWISS until the full purchase price is paid.

7. Delay of payment

In case the customer fails to meet his payment obligations completely or in part, all outstanding amounts owed shall become payable immediately. In such case all deliveries are suspended. EVENSWISS reserves the right to withdraw from the contract. Such termination occurs automatically and without notice eight days after EVENSWISS has provided to the customer an unsuccessful request for payment.

Starting from the 3rd reminder EVENSWISS can raise administrative fee of CHF 50.00 to cover the expenses.

In case of payment delay by the customer or other breaches of contractual obligations or when EVENSWISS learns about circumstances which reduce the creditworthiness of the customer, EVENSWISS reserves the right to initiate appropriate legal action or to terminate the business relationship.

8. Delivery

The shipment is done through one of the options provided and is restricted to countries defined on evenswiss.ch.

The indicated delivery times are only estimates. They are non-binding. In the event that EVENSWISS can not comply with the delivery period, the customer shall be entitled to withdraw from the contract after the expiry of a period of grace of at least 30 days which has to be announced by him in writing. The customer may not assert any further claims.

EVENSWISS is allowed to cancel confirmed orders due to external circumstances that cannot be influenced without incurring costs. EVENSWISS is entitled to make partial deliveries.

EVENSWISS can assign different carriers for deliveries and partial deliveries. EVENSWISS reserves the right to charge additional delivery costs for deliveries to destinations that cannot be reached directly by the carrier (for example access by mountain railway or cable car only).

9. Cancellation and termination of the contract

Orders placed on evenswiss.ch are in accordance with Point 5 of the Terms are binding and the customer is obliged to accept the goods. Subsequent changes and cancellations are possible in certain cases, but are at the discretion of EVENSWISS and can be connected with administrative costs (20% of the price of the products ordered or at least CHF 60.00).

If the customer despite his commitment does not accept the products within two weeks, EVENSWISS can terminate the contract (cancellation) and raise administrative fees. In the event of a delivery delay by EVENSWISS in accordance with Point 5 of the Terms, the customer has the right of withdrawal at the earliest 30 days after the agreed date of delivery. In case of cancellation due to non-delivery, EVENSWISS will refund the paid purchase price to the customer.

10. Due diligence of customer

The buyer must check the goods for correctness, completeness and intactness immediately upon delivery. Any defects or damage (visible and hidden) have to be communicated to EVENSWISS immediately after their detection or at the latest within 5 calendar days after receipt of the consignment. For the further processing of the complaints the delivered goods must be kept as supplied and not be used.

When delivered by a parcel service, the customer confirms the visual integrity of the consignment with his signature if no reservation is made. In such case, EVENSWISS can assume no liability for transport damage. This shall not apply in the case of concealed defects.

11. Return and exchange

Generally, the return and exchange of products is not possible. Only in exceptional circumstances and after consultation with EVENSWISS will it be possible to return or exchange products. For all returns and exchanges the prices apply, which are valid on the day of the return.

12. Return shipments due to defects

If the customer wants to return products to EVENSWISS, they must be sent to the address of EVENSWISS (evenswiss.ch/wheretobuy) at the expense and the risk of the customer. The products must be sent in the original packaging, packaged professionally and insured for shipment. A detailed description of the defect and a copy of the purchase receipt must be included.

Returns that cannot be associated with a customer will be disposed.

13. Warranty

Legal warranty rights shall be applied, whereby EVENSWISS can either provide the warranty by amendment, replacement, redhibition or price reduction.

The warranty is only provided if there are no exclusion criteria apply such as damage caused by incorrect storage, improper use of the goods as well as external circumstances such as force majeur.

14. Liability

Compensation claims due to product performance not according to expectations, from breach of contract, fault in contract and tort, are entirely excluded, insofar as there is no intentional or grossly negligent action, against EVENSWISS and the subcontractors or vicarious agents of EVENSWISS. Liability for indirect or consequential damages arising from the use, misperformance or failure of performance is excluded.

15. Place of jurisdiction and applicable law

Place of jurisdiction for all disputes with EVENSWISS is Zurich. The contract is subject to Swiss law (to the exclusion of the UN purchase right (CISG)).

July 2013

GIFT CARDS

• Gift cards are distributed in electronic form, in the form of an activation code of discount equal to the face value of Gift card.
• Code may be gifted, shared and used by third person, which is not the buyer of Gift card.
• When ordering, you can use only one code for a discount. You can use a discount code only once before the code becomes inactive.
• Activation of code for discount takes place on the order phase. When the customer activates the code, he will receive a discount equal to the face value of Gift card, but no more than 100% of the cost of the goods in the order.
• If face value of Gift card is more than cost of goods in order, then face value of discount is equated to total cost of goods in order, and the difference will not be refunded.
• The Company is not responsible for any loss of code by Customer by the fault of acting of third parties and software errors on the part of the Customer.
• Face value of Gift card is equated to the sum of the maximum possible discount on the goods when buying online, and is not equal to the cash equivalent, it is not considered a means of payment and is not redeemable for cash equivalent