These General Terms and Conditions apply to all orders and business relationships between Lace Clothing, Lindenstrasse 6, 8370 Sirnach, Switzerland, E-mail: info@laceclo.ch, hereinafter referred to as Lace Clothing, and its customers, in the version valid at the time of the conclusion of the contract.
Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract, unless Lace Clothing has expressly agreed to their validity in writing.
Customers within the meaning of these GTC are both natural and legal persons.
Consumers are natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
Lace Clothing's offer is generally aimed at end customers. Commercial resale of the offered products is not permitted without the express written consent of Lace Clothing.
Lace Clothing reserves the right to reject or cancel orders from resellers, dealers, distributors, or in case of suspected abusive orders, in whole or in part.
§ 2 Offer, Product Presentation and Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but an unbinding invitation to place an order.
By submitting the order, the customer makes a binding offer to conclude a purchase contract.
The contract comes into effect as soon as Lace Clothing confirms the order by email, confirms shipment, or dispatches the goods.
If an immediate online payment method is chosen, the contract may already be concluded upon successful completion of the payment process.
Lace Clothing reserves the right not to accept orders in whole or in part or to cancel them subsequently, particularly in cases of obvious typing, calculation, pricing or display errors, unavailability, suspected fraud or misuse, incorrect stock displays or unauthorized resale.
The customer is obliged to provide all information completely and correctly during the ordering process. Lace Clothing is not liable for consequences resulting from incorrect or incomplete information provided by the customer.
§ 3 Products, Availability and Customary Deviations
All information regarding products, sizes, dimensions, colors, materials and designs is provided to the best of our knowledge, but without guarantee for minor deviations, provided these are customary in trade, technically conditioned or reasonable for the customer.
Color deviations between the product images displayed in the online shop and the actual product may occur, especially due to screen displays, lighting conditions or production-related circumstances, and do not constitute a defect, as long as the deviation is not significant.
Product images are for illustration purposes. The respective product description is decisive.
Should an ordered item not be available despite proper stocking or for reasons for which Lace Clothing is not responsible, Lace Clothing is entitled to withdraw from the contract in whole or in part. Payments already made for items that cannot be delivered will be reimbursed in this case.
§ 4 Prices, Payment Terms and Default of Payment
All prices are in Swiss Francs, unless otherwise stated.
Where applicable, prices include statutory VAT.
Shipping costs, customs duties, import taxes, customs clearance fees, processing fees, as well as other duties and charges of the destination country are, unless expressly stated otherwise, not included in the purchase price and must be borne by the customer in addition.
The price at the time of the order is decisive. Obvious pricing errors and obvious mistakes are reserved.
The available payment methods are displayed to the customer in the online shop. Lace Clothing reserves the right to exclude individual payment methods in specific cases.
In the event of default of payment, chargebacks, unjustified chargebacks or other payment disruptions for which the customer is responsible, Lace Clothing reserves the right to refuse further orders, assert outstanding claims and pass on incurred costs to the customer, as far as legally permissible.
§ 5 Shipping, Delivery, Customs and Refusal of Acceptance
Delivery is made to the delivery address provided by the customer.
Shipping costs are displayed to the customer during the order process, unless a free shipping promotion is expressly communicated.
Generally, the customer bears all shipping costs, unless Lace Clothing explicitly offers a free shipping promotion for a limited period.
For deliveries outside Switzerland, the customer bears all additional costs, in particular customs duties, import taxes, customs clearance fees, storage fees, processing fees, as well as other fees and charges of the destination country.
If the customer refuses to accept the shipment, does not pick up the shipment in time, provides incorrect address details, or if delivery fails for other reasons for which the customer is responsible, Lace Clothing is entitled to invoice the customer for all resulting costs or deduct them from any refund amount.
This applies in particular to outbound shipping costs, return shipping costs, customs costs, import duties, processing fees, storage costs, as well as other costs and loss of value.
Refusal of acceptance or failure to pick up a shipment does not automatically constitute a valid exercise of a right of return or a withdrawal from the contract.
§ 6 Delivery Times, Partial Deliveries and Delivery Obstacles
Unless a different delivery time is specified, shipment will occur within the timeframe communicated in the shop.
Delivery periods and delivery dates are non-binding guidelines, unless expressly confirmed in writing as binding.
Lace Clothing is entitled to make partial deliveries, provided this is reasonable for the customer.
Delivery delays due to force majeure, official orders, strikes, natural events, war, pandemics, customs clearance, transport problems, supply bottlenecks or other circumstances beyond the control of Lace Clothing do not entitle the customer to compensation or to withdraw from the contract without further notice, as far as legally permissible.
§ 7 Retention of Title and Transfer of Risk
The delivered goods remain the property of Lace Clothing until full payment of all claims arising from the respective contract.
For consumers, the risk of accidental loss or accidental deterioration of the goods passes to the customer or to a person authorized to receive them designated by the customer upon handover of the goods.
For entrepreneurs, the risk passes to the customer upon handover of the goods to the transport service provider or shipping service provider.
§ 8 Voluntary Right of Return and Returns
Unless Lace Clothing explicitly states otherwise, Lace Clothing grants a voluntary right of return of 14 days from receipt of the goods for standard items.
This right of return is voluntary and contractually granted. It only applies under the conditions stipulated in these GTC.
Returns must be registered in advance by e-mail to info@laceclo.ch. Without prior registration, processing may be delayed or acceptance of the return may be refused.
The return must be made within the return period to the return address communicated by Lace Clothing or specified in the shop.
A prerequisite for a return is that the goods are returned unworn, unused, unwashed, odor-free, clean, complete, in perfect condition and with all labels, tags, accessories and, where available and reasonable, in their original packaging.
Excluded from the right of return are, in particular, personalized, individualized, custom-made, reduced, already used products or products not suitable for return for hygienic reasons.
Also excluded are products that have been worn, washed, soiled, damaged, altered or treated in a way that impairs their re-saleability.
The costs and risk of return are in any case borne by the customer.
Unpaid, insufficiently franked or unannounced returns may be refused.
Already paid shipping costs for the outbound shipment will not be refunded, as far as legally permissible.
If shipping was covered free of charge as part of a promotion, there is no claim for payment of a shipping cost share.
If a full or partial return voids the conditions of a granted promotion, in particular free shipping, a minimum order value or a promotional discount, Lace Clothing is entitled to subsequently charge the originally granted benefit or deduct it from the refund amount.
Lace Clothing carefully inspects each return upon receipt.
If there is a deterioration, damage, contamination, odor, lack of completeness, missing original labeling or any other reduction in re-saleability, Lace Clothing is entitled to refuse the return or to make an appropriate deduction from the refund amount.
The deduction will be based on the actual reduction in value of the goods.
If the goods are no longer or only significantly limitedly saleable due to their condition, the refund may be refused in whole or in part.
Any refund will only be made after receipt and inspection of the returned goods via the originally used payment method, if technically possible.
This voluntary right of return does not apply to statutory warranty rights for demonstrable defects.
§ 9 Defects, Obligation to Inspect and Warranty
The statutory warranty rights according to Swiss law apply.
The customer must inspect the goods as soon as possible after receipt and immediately notify Lace Clothing of obvious defects or transport damage. In the case of transport damage, the customer is urged to additionally report and document it directly with the delivery service if possible.
Failure to report immediately does not affect mandatory legal claims, but may facilitate processing and be taken into account for avoidable disadvantages.
For justified defects, the warranty will be provided at Lace Clothing's discretion through repair, replacement, price reduction or refund, as far as legally permissible.
For entrepreneurs, warranty claims may be limited to the extent permitted by law.
§ 10 Liability
Lace Clothing is liable, as far as legally permissible, only for direct damages caused by intentional or grossly negligent conduct.
A pre-agreed exemption from liability for unlawful intent or gross negligence is inadmissible. Accordingly, any limitations of liability apply only to the extent permitted by law. :contentReference[oaicite:1]{index=1}
To the extent permitted by law, liability for slight negligence, indirect damages, incidental damages, consequential damages, lost profits, data loss, loss of use, loss of image, and damages due to force majeure is excluded.
Lace Clothing is not liable for damages resulting from improper use, natural wear and tear, improper care, unauthorized modifications or normal wear and tear of the products.
To the extent permitted by law, the liability of auxiliary persons and involved third parties is also excluded or limited.
§ 11 Promotions, Discount Codes and Vouchers
Discount promotions, vouchers, promotional codes and other benefits are only valid for the communicated period and according to the specified conditions.
Unless expressly stated otherwise, promotions, vouchers and discount codes cannot be combined with each other.
Cash payment of vouchers, discount codes or other benefits is excluded.
When returning items, a used discount, voucher or promotional benefit will not be granted or paid out again.
If a return causes the minimum order value of a promotion to be undercut, Lace Clothing is entitled to subsequently adjust, cancel or offset the granted benefit against the refund amount.
Lace Clothing reserves the right to terminate or adjust promotions at any time or to refuse them in case of misuse, provided that already bindingly concluded contracts are not violated thereby.
§ 12 Data Protection
The processing of personal data is carried out in accordance with the applicable data protection regulations.
Further information on the processing of personal data can be found in Lace Clothing's privacy policy.
§ 13 Applicable Law and Place of Jurisdiction
Swiss substantive law applies exclusively, excluding conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
For consumers, the mandatory statutory places of jurisdiction apply.
To the extent permitted by law, the exclusive place of jurisdiction for disputes with entrepreneurs is the domicile of Lace Clothing.
§ 14 Final Provisions
Should any provision of these GTC be or become wholly or partially invalid, unenforceable or not enforceable, the validity of the remaining provisions shall remain unaffected.
The invalid, unenforceable or unenforceable provision shall be replaced by the legally permissible provision that comes closest to the economic purpose of the invalid provision.
The same applies to any regulatory gaps.
Contract languages are German and English. In case of contradictions, the German version shall prevail, as far as legally permissible.
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