General Terms and Conditions of easyCurtain (isenzio AG)
Article 1: Validity of the GTC
We provide all deliveries and services on the basis of the following GTC in the version valid at the time of the order. In all other respects, the provisions of the Swiss Code of Obligations on the purchase contract and other Swiss laws and ordinances shall apply. Should a provision of the GTC be invalid or should there be a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes as close as possible to the economic intentions of the parties. The same applies in the event of a gap.
Article 2: Offer and conclusion of contract
Our price lists, brochures and publications on the Internet are non-binding. Deliveries, products or services requested by our customers that are not included in the supplier’s offer will be invoiced by us. An offer is valid until revoked, unless otherwise agreed in writing. The contract is concluded upon acceptance of the order. You can find the order conditions on our website. We are entitled to withdraw from the contract in cases of obvious typing and invoicing errors.
Article 3: Delivery and dates
The current delivery costs can be found on the respective product page.
In the case of deliveries abroad, the customer shall bear the taxes and customs duties incurred. The customer is obliged to accept and pay for the goods ordered. The delivery times are written in the respective article. The customer will be informed in the event of delays in delivery. The latter then has the right to withdraw from the contract in writing within 30 days. The deadlines shall be postponed appropriately if obstacles arise that are beyond the control of our suppliers (significant operational disruptions, late or faulty deliveries, etc.).
In the event of other delays, the customer may waive further deliveries: He must inform us of this immediately.
However, we are entitled to set a reasonable deadline for subsequent performance: If we do not fulfill our delivery by the end of this grace period, the customer may, provided he declares it immediately, waive the subsequent performance or withdraw from the contract.
We will inform the customer of any delays as soon as possible. We are entitled to make partial deliveries. We will of course bear the additional shipping costs for partial deliveries.
Externally visible damage to our shipping bags or parcels as well as unsuccessful delivery of our shipping bags or parcels must be reported immediately to our customer service. We will immediately seek clarification of the situation with the customer or our transporters.
Article 4: Contract fulfillment
Our confirmation is decisive for the scope and execution of the delivery. Unless a specific place of performance has been agreed or is evident from the nature of the transaction, delivery shall be deemed to be the handover of the products to the selected carrier. Unless expressly agreed otherwise, benefit and risk shall pass from the sender to the customer upon departure of the goods from our dispatch center.
5th article: Vouchers
Vouchers from our store are transferable and may also be given as gifts.
6th article: Prices
All prices are quoted in CHF and include VAT. Errors and price changes excepted.
7th article: Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the order invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
When the purchase contract is concluded, POWERPAY takes over the resulting invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept, in addition to our GTC, the GTC of POWERPAY.(powerpay.ch/en/agb).
Article 8: Default of payment
Deliveries are only made against payment by credit card (VISA, EURO/ MASTERCARD), Bitcoins or Paypal. Deliveries within Switzerland can also be paid by invoice if the customer is resident in Switzerland. The payment must be made within 15 days. If the payment deadline is exceeded, the customer shall be in default of payment without any further reminder. If the customer fails to comply with the terms of payment, we shall be entitled to immediately assert and legally enforce all outstanding claims against the customer. The purchase contract between us and the customer shall be deemed to be a provisional title to the legal opening. We are also entitled to charge the customer in full for any costs incurred as a result of non-compliance with the terms of payment (administration, etc.). If the payment deadline is exceeded, default interest of 5% p.a. is owed. The customer shall also owe us reminder fees for each reminder: These amount to CHF 10.00 to cover part of the costs incurred. The outstanding invoice amount (including reminder fees and interest) may be transferred or sold to third parties for the purpose of collection. The costs of CHF 20.00 for the assignment of the claim will be debited when the claim is handed over to the collection agency. In the event of default or assignment of previous claims to the collection agency, outstanding deliveries will only be carried out by us against advance payment. If securities or payments have not been provided even after a reasonable grace period has expired, we may withdraw from the contract, even if the goods or a part thereof have already been delivered. We also expressly reserve the right to claim damages from the customer.
9. article: Tolerances
With all our articles, whether ready-made curtains, made-to-measure curtains, panel curtains or pleated blinds, people play an important role in the production process to ensure that you receive a quality product in the end. Despite state-of-the-art machinery, it is therefore extremely rare for the smallest deviations of less than one percent of the ordered widths or heights to occur. This cannot be completely ruled out, even if the curtains are of the same type and at the same time.
10. article: Warranty
If defects in the delivered goods are documented by the customer, we shall either remedy the defect or provide a replacement delivery within a reasonable period of time. If we are unable to do so, the customer shall have the right to cancel the purchase or reduce the purchase price at his discretion. Unless otherwise stated, the warranty period is 24 months from receipt of the goods.
Excluded from the warranty are defects and faults for which we are not responsible, such as natural wear and tear, force majeure, improper handling, intervention by the customer or third parties, excessive use or extreme environmental influences.
If the customer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the customer modifies the resold products, he shall be liable to us, the buyer or third parties for any resulting damage. The provisions of the Product Liability Act remain reserved.
Article 11: Duty to inform
The parties shall inform each other in good time of any obstacles that could jeopardize the contractual performance or lead to inappropriate solutions.
12. article: Redemption
12.1 General provisions on redemptions
The goods must be returned to our dispatch center within ten days of receipt in the original packaging, stating the invoice number and the reason for the return.
We reserve the right to refuse returns if the returned goods are not in perfect hygienic condition. If the customer provides us with evidence of defects in the delivered goods, we shall either remedy the defects or provide a replacement delivery within a reasonable period of time. If we are unable to do so, the customer has the right to cancel the purchase or reduce the purchase price. The costs for the return shipment shall be borne by the customer.
12.2 Special provisions on returns of custom-made products
The return of customized products is excluded.
12.3 Special provisions on redemptions for the Bitcoin payment method
If there is a redemption with refund for orders with payment method Bitcoins, the amount to be refunded will be transferred in CHF to a bank account of the buyer. There is no repayment in Bitcoins.
13th article: Security, data protection
The data required for processing the transaction will be stored. All personal data will be treated confidentially. The data transfer between the customer and us is encrypted using SSL technology. We reserve the right to use the data to check the postal correctness, or for credit checks. The credit card data is also encrypted. Each transaction is also authorized and checked online with the relevant credit card companies. Blocked or incorrect cards cannot be used.
14. article: Warranty
Even though we are not yet a member of the SAAM (Swiss Mail Order Association), we voluntarily adhere to its strict code of honor. This obliges us to take special care towards you and guarantees you a serious purchase.
We are not liable for claims for damages arising from errors in illustrations, prices and texts or due to late or non-delivery.
Article 15: Final provisions
The place of jurisdiction is Zug. However, we may also call upon the court at the customer’s domicile. Swiss law shall apply exclusively, even if orders are placed from abroad or deliveries are made abroad. The parties shall endeavor to settle any disputes arising from the execution of this contract amicably. These General Terms and Conditions shall be deemed to have been accepted when the customer orders goods. Amendments or additions to the general terms and conditions are made exclusively by us.
These General Terms and Conditions may be amended by us at any time.
Baar, October 2023