AGB
§ 1 General
For all business relationships, including all orders via telephone, fax, internet, email, or by mail, the following General Terms and Conditions (GTC) apply between Travertine CH and its customers, hereinafter also referred to as "purchaser" or "buyer." The version of the GTC valid at the time of the order is always decisive. These terms also apply to all future business transactions, even if not expressly agreed upon again. By placing an order, the purchaser acknowledges the following GTC.
Deviations from these GTC are only effective if Travertine CH acknowledges and confirms them in writing. The purchaser's purchasing conditions do not obligate Travertine CH, even if Secondhandbags AG does not expressly object to them. Confirmations from the purchaser referring to its business or purchasing conditions are hereby contradicted.
§ 2 Offer and Conclusion of Contract
The customer's order constitutes an offer to Travertine CH to conclude a purchase contract. After receiving the order, Travertine CH will inform the customer by email about the receipt of the order (order confirmation). The order confirmation does not constitute acceptance of the purchaser's offer. The purchase contract is concluded upon acceptance of the offer by Secondhandbags AG. Acceptance is made by the shipping confirmation sent via email or by delivery of the goods. Secondhandbags AG can accept the offer within two weeks from the receipt of the purchaser's offer.
Travertine CH exclusively enters into contracts with legal entities and fully competent natural persons who have reached the age of majority. If it turns out that the purchaser is not yet of legal age, Travertine CH is entitled to withdraw.
Travertine CH is entitled to withdraw from the contract if it is not properly and/or timely supplied by its suppliers. The purchaser will be promptly informed of the unavailability of the goods. Counter performances of the purchaser will be promptly refunded.
If an item is not available, Travertine CH reserves the right to offer the delivery of a replacement item – at a price and quality at least equivalent. The purchaser is free to accept or decline this offer.
The information in Travertine CH sales documents or in the online shop (illustrations, drawings, dimensions, weights, product descriptions, content details, prices, and other services) are to be understood as approximate values only and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.
§ 3 Prices and Costs
The prices include the currently valid statutory value-added tax in Switzerland and exclude shipping costs. The prices at the time of ordering apply. The prices published on Travertine CH or in the sales documents apply in CHF.
Shipping costs, taxes, and customs duties are already included worldwide in the purchase price.
All types of vouchers are not cumulative.
§ 4 5-Day Return Policy
Orders can be returned to us within 5 calendar days after delivery, with the postmark on the package being decisive. The return costs are to be borne by the buyer. The right of return also applies when purchasing on account.
Return process:
- Please send an email to info@travertine.ch stating the reason for your return.
- Send the item to be returned to the following address: Address for returns (Switzerland): Travertine CH Bellerivestrasse 201 8008 Zurich
- Your returned items will be checked upon arrival.
- The corresponding barcode tag must still be attached to the bag for the return to be completed properly.
- If in perfect condition, the amount will be refunded to your account within the next 10 days.
- In case of non-perfect condition, we will personally examine it and may refund 20-50% of the amount.
- In the case of a delayed return, we reserve the right to reject the return and send the item back to you.
§ 5 Purchase on Account with Installment Option (PowerPay AG)
MF Group / POWERPAY offers the payment method "purchase on account." With the individual invoice, you can easily settle your online purchase by invoice. If you waive payment within the given time frame, you will subsequently receive a monthly invoice with an order overview in the following month.
POWERPAY takes over the incurred invoice receivable when concluding the purchase contract and handles the corresponding payment modalities. When purchasing on account, you accept, in addition to our GTC, those of POWERPAY (https://www.powerpay.ch/de/agb).
Deliveries are made according to the shipping conditions valid at the time of ordering. The ordered goods are delivered to the address specified by the purchaser. Delivery times are non-binding. Fixed delivery dates must be confirmed in writing by Travertine CH. For ordered goods made available for pickup, shipping costs are waived. The ordered goods are usually dispatched 1-3 working days after receipt of the purchase price (prepayment).
Delivery and performance delays due to force majeure and events that significantly impede or make delivery impossible for Travertine CH – including strikes, lockouts, official orders, etc. – even if they occur with Travertine CH or its subcontractors during deliveries, release Travertine CH from responsibility even in the case of bindingly agreed-upon deadlines and dates. They authorize Travertine CH to postpone delivery or performance by the duration of the hindrance plus a reasonable lead time or to withdraw from the contract in whole or in part due to the unfulfilled part. If the hindrance lasts longer than 5 working days, Travertine CH is entitled, after a reasonable grace period, to withdraw from the contract regarding the unfulfilled part. If the delivery time is extended or Travertine CH is released from its obligation, the purchaser cannot derive any claims for damages from this.
If the purchaser is in default of acceptance or culpably violates other cooperation obligations, Travertine CH is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. The risk of accidental loss or deterioration of the purchased item is transferred to the purchaser at the time they are in default of acceptance or debtor's delay.
§ 6 Payment
The purchase price can be paid by credit card, PayPal, PostFinance Card, purchase on account, or other payment methods offered by Travertine CH. The purchaser agrees to receive invoices and credit notes electronically.
When paying by credit card or PayPal, the amount will be debited upon completion of the order. When purchasing on account, the invoice amount is due within 20 days after the invoice date. The purchaser is in default after this period without a reminder. When paying with POWERPAY (purchase on account), the general terms and conditions of POWERPAY (https://www.powerpay.ch/de/agb) apply additionally.
§ 7 Retention of Title
The delivered goods remain the property of Travertine CH until full payment has been made.
§ 8 Warranty and Guarantee
The warranty period is 24 months from the date of delivery. The purchaser is obliged to inspect the goods immediately for obvious defects and, in the case of defects, to notify Travertine CH immediately. If the purchaser does not comply with this duty of inspection and notification, the goods are considered approved.
Travertine CH provides a guarantee for the delivered goods in accordance with the statutory provisions, in particular Art. 197 et seq. OR.
Warranty claims do not exist in the case of only insignificant deviations from the agreed-upon quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment, or due to particular external influences that are not assumed under the contract. If the purchaser or third parties carry out improper repairs or modifications, no warranty claims arise for these or the resulting consequences.
The purchaser's claims for defects presuppose that they have properly met their inspection and complaint obligations owed under § 8.2.
Warranty claims expire 24 months after delivery of the goods.
§ 9 Liability
Travertine CH is liable for intent and gross negligence. Furthermore, Travertine CH is liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract, and on whose compliance the purchaser regularly relies. In the latter case, however, Travertine CH is only liable for foreseeable, contract-typical damage. Travertince is not liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above limitations of liability do not apply to injury to life, limb, or health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as liability for damages against Travertine CH is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§ 10 Data Protection
The purchaser agrees that Travertine CH may process and use their data for the purpose of fulfilling the contract. Travertine CH observes the statutory provisions on data protection.
§ 11 Final Provisions
The contractual relationship between the purchaser and Travertine CH is subject to Swiss law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the purchaser and Travertine CH is the registered office of Travertine CH in Baar.
If individual provisions of these GTC are invalid, this shall not affect the validity of the remaining provisions.