AGB & data protection
- Privacy statement
The following terms and conditions of Zimmerli Textil AG (hereinafter referred to as the supplier) apply to all contracts you conclude with us via the online shop www.zimmerli.com (hereinafter also referred to as eBoutique). Unless otherwise agreed, the inclusion of your own terms and conditions of business used by you is contradicted. Consumers are natural persons who wish to conclude a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Customers who are not consumers, please contact the provider by e-mail (firstname.lastname@example.org).
- Conclusion of the contract
(1) The following rules on the conclusion of contracts apply to orders placed via our eBoutique http://www.zimmerli.com.
(2) The presentation of the goods in our eBoutique does not represent a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a sales contract.
(3) When an order is received in our eBoutique, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided for in our eBoutique.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the buttons "add to shopping cart"
3) Check the information in the shopping cart
4) Press the button "to checkout"
5) Login to the eBoutique after registration and entering the login details (e-mail address and password) or ordering as a guest without registration
6) Re-examination or correction of the respective data entered
7) Binding dispatch of the order by clicking the button "buy"
Before sending of the order, the consumer can return to the website where the customer's details are recorded and input errors are corrected or the order process is cancelled by closing the Internet browser by pressing the "Back" button in the Internet browser used by him after checking his details. We confirm the receipt of the order immediately by an automatically generated e-mail with invoice. With this we accept your offer.
(4) Storage of the contract text for orders via our eBoutique: We store the contract text and send you the order data and our terms and conditions by e-mail. You can view your past orders in our customer area under My Account --> My Orders.
- Prices, shipping costs, payment, maturity
- (1) The prices quoted include the statutory turnover tax for orders from Switzerland and the EU area and other price components.
(2) The shipping costs for deliveries to Switzerland and Lichtenstein free of charge. The shipping costs for deliveries within the EU are 10 EUR. From a goods value of 300 EUR the delivery is free of shipping costs. The shipping costs for deliveries to all countries outside the EU are 40 EUR. From a value of goods of 500 EUR the delivery is free of shipping costs. The shipping costs for deliveries to Mexico, USA and Russia are 40 USD. From a value of goods of 500 USD the delivery is free of shipping costs.
(3) The prices stated on the website at the time of the order shall apply. Payment for the goods can be made either by Paypal, credit card or by invoice. The invoice is processed via Ideal Payment AG (CH) or abilita GmbH (DE/AT). We debit the payment amount on your credit card upon receipt of the order.
(4) In the case of purchase on account, the amount invoiced must be paid to the account of our external partner, abilita GmbH or Ideal Payment AG, indicated on the invoice form, by the due date at the latest. The payment method purchase on account does not exist for all offers and requires, among other things, a successful credit check by abilita GmbH / Ideal Payment AG. If the customer is allowed to purchase on account for certain offers after checking the creditworthiness, the payment will be processed in cooperation with abilita GmbH / Ideal Payment AG, which will take over the merchant's invoice claim after conclusion of the purchase contract. We also remain responsible for general customer inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, declarations of revocation and shipments or credit notes when purchasing on account via abilita GmbH / Ideal Payment AG.
If you do not meet your payment obligation, you will be in default without further reminder upon expiry of the payment deadline set for you and will have to pay default interest of 8%. Abilita GmbH / Ideal Payment AG is entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as other fees, in particular the costs of any collection procedure. Furthermore, abilita GmbH / Ideal Payment AG can refuse to process the payment modalities of sales contracts in the future, also with regard to other merchants. The general terms and conditions of abilita GmbH / Ideal Payment AG apply.
(5) If, after conclusion of the contract, we discover that we are unable to execute an order without being responsible for it (e.g. force majeure, non-delivery in spite of timely reordering), we shall be entitled to withdraw from the contract. In any case, we will inform you immediately if we are unable to execute an order. In this case, we will of course refund any payments already made.
- Terms of delivery
(1) Delivery within Germany by GLS, within Switzerland and Lichtenstein by Swisspost, within the rest of the EU by GLS and to all other countries by Fedex.(2) The delivery time is 3-5 days, unless otherwise stated in the offer.
(3) If not all of the products ordered are in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for you.
(4) Should the delivery of the goods fail through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.
(5) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments already made.
- Property right; right of retention
(1) In the case of consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve the right of ownership of the object of sale until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.(3) If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
- Right of withdrawal
- The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods or has taken possession of them.
To comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
- Consequences of revocation
If you revoke this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their nature, properties and functioning.
b) The right of revocation does not apply to the delivery of goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
c) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
d) Please note that the modalities mentioned in paragraph c) are not a prerequisite for the effective exercise of the right of withdrawal.
Please note that we require a clear declaration on your part for a revocation (e.g. by means of a return slip or email). If possible, please put the goods in their original condition together with all attached labels and the packaging in a package. Please fill in the reason for return on the return form and enclose this form with the package. Please use the enclosed return label and stick it on the package. You can then post the parcel at the nearest Post branch.
The return shipment has to be made to:
Zimmerli Textil AG
An exchange of items purchased in the Zimmerli eBoutique is not possible in stationary retail trade. Likewise, articles purchased in retail stores cannot be exchanged in the Zimmerli eBoutique.
- Returned goods with traces of use
Obvious signs of use such as stains from make-up or lipstick, odour, detached labels, etc. are clear indications that you have not only tested the nature, properties and function of the goods as you would in a shop, but have also used the goods beyond that. In such cases, we reserve the right to demand compensation from you within the scope of the right of revocation for the loss in value that has occurred in this respect, which we can already deduct from the refund amount. We assume that returned goods will be received by us in perfect re-saleable condition. Your rights in the event of defects already existing at the time of delivery shall naturally remain unaffected.
- Warranty and complaint management
The statutory warranty regulations apply. Please contact our customer service for service requests.
- Intellectual property
- Texts, images, videos, software, products, services and other information contained or displayed on the website may not be modified, copied, demonstrated, licensed, published, uploaded, sent or made perceptible in any other way without the prior written consent of Zimmerli Textil AG or the respective rights holder. This does not include the user's right to his or her own private use in compliance with all copyrights and other proprietary rights.
The copyright in the content of these websites and other websites or applications operated by Zimmerli Textil AG is the sole property of Zimmerli Textil AG. The contents may not be used, duplicated or reproduced without the express written permission of Zimmerli Textil AG.
- Applicable law and place of jurisdiction
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes in connection with the contractual relationship is exclusively Aarburg, Switzerland.
Zimmerli Textil AG
Company number CHE 106.004.586
Customer service by telephone +41 62 787 44 99
From Mon-Fri 08.00 - 12.00 and 13.00 - 17.00
Per E-Mail: email@example.com
Status of the AGB Mai 2020