GENERAL TERMS AND CONDITIONS OF BUSINESS
from 27 January 2021
1. GENERAL
1.1 Subject
These General Terms and Conditions (GTC) govern the terms and conditions of sale between Framework AG, Rothusstrasse 23, 6331 Hünenberg ZG, as seller on the one hand and the orderer as buyer on the other hand.
The GTC also contain provisions or declarations of the Buyer on data protection, which are specially highlighted. In these T&Cs, the terms "we" and/or "us" refer to Framework AG as the seller. We distribute or sell branded textiles. In our online store are exclusively.
End customers or private customers with residence/branch office or address in Switzerland or Liechtenstein are entitled to place an order.
Our offer is not directed to persons abroad or to traders.
Each customer or buyer confirms, with his order via the online store, that he is authorized to order within the meaning of these terms and conditions, capable of acting and at least 18 years old.
1.2 Warranty
We only offer brand-new goods in original brand quality in our online store. This also applies to goods that we offer or sell in the online store at reduced prices.
1.3 Correspondence
All correspondence shall be made via our customer service (Framework AG, Rothusstrasse 23, 6331 Hünenberg) or by e-mail via info@framework.ch.
2. CUSTOMER RELATIONSHIP, CONCLUSION OF CONTRACT
2.1 Customer account
For an order in our online store, the customer or buyer must open a customer account once, register as a customer with the required information and determine a user name and password as access data to the customer account.
These access data are exclusively intended for personal use by the purchaser and must therefore be treated confidentially by him.
The customer acknowledges and expressly agrees that Framework AG processes the data provided or made available by the customer both for the operation of the online store and for the purposes of marketing.
The Customer agrees that the Framework AG may send newsletters and advertisements to the Customer.
The customer can unsubscribe from the newsletter and/or advertisements at any time and delete the customer account.
The liability and responsibility of Framework AG arising from any unauthorized use of the access data, in particular due to the fact that the customer does not treat his access data confidentially, does not protect them or protects them too little, is excluded.
As a customer, the buyer is obliged to provide complete and correct information to Framework AG at all times.
2.2 Order
As soon as the buyer sends his order in his or according to the shopping cart, he confirms his binding offer to purchase the goods.
Subsequently, the buyer receives an order confirmation from us by e-mail, which, however, does not bind us.
Only with the confirmation of the dispatch of the goods to the buyer, the binding purchase contract between the buyer and us is concluded.
If any part of the ordered goods is no longer available, the buyer is not entitled to cancel the entire order.
3. DELIVERY
3.1 Delivery method
We deliver within Switzerland and Liechtenstein. All deliveries are made by Swiss Post.
3.2 Delivery period
The delivery periods stated in the offer or in the order confirmation are non-binding information or approximate values.
Orders that are completely in stock and are received by 2:00 p.m. are usually handed over for dispatch on the same day from Monday to Friday, otherwise on the next working day after the order is placed. All deliveries are made as PostPac with delivery on the following working day (without guarantee).
Any delay in delivery does not entitle the buyer to any price reduction.
3.3 Shipping costs
The shipping costs are CHF 4.90. For an order value of CHF 50.00 or more, shipping is free of charge. In the case of partial deliveries, the buyer will not incur any additional costs.
3.4 Transfer of Benefit and Risk
Benefit and risk shall pass to the Buyer upon conclusion of the contract and shipment of the goods shall be at the risk of the Buyer.
After we have handed over the shipment to Swiss Post, the tracking number provided in the order confirmation can be used to track the status of the shipment.
3.5 Inspection of the goods after receipt
The buyer is obliged to inspect the goods immediately after receipt for correctness, completeness and any defects. Defective, incomplete or incorrectly delivered goods must be reported to us within 8 days after delivery. The original packaging must be kept by the buyer and the goods must be returned to us in the original packaging. The procedure for returns is described in section 6 Return, Warranty (6.1 Procedure for returns) and must be followed by the buyer without our instructions to the contrary.
3.6 Default of Acceptance
Should the Buyer refuse to accept the delivered goods, we may grant him a reasonable grace period for acceptance. If the Buyer refuses acceptance again or repeatedly, we shall be unilaterally released from our obligations towards the Buyer, but shall remain entitled to claim the purchase price from the Buyer or the Buyer shall remain obliged to pay the purchase price to us.
4. PRICES
4.1 General
All prices stated in the online store or in the order confirmation are in CHF and include VAT.
Any shipping costs incurred will be charged additionally and are shown separately.
VAT is shown separately. Incorrect price information due to error, technical error and/or incorrect publication are non-binding prices.
4.2 Validity
We are entitled to change the prices of the offered items at any time. The prices published in the online store or confirmed with the order confirmation shall apply.
5. PAYMENT
5.1 Means of payment
We accept the means of payment specified in our online store, but reserve the right to exclude certain means of payment for individual customers at any time without justification. In addition, we are entitled or the buyer agrees that we obtain information about his creditworthiness at any time without further notice and for this purpose the necessary customer data to third parties.
5.2 Payment with debit/credit cards
In case of payment with debit or credit cards, the debit will be made after sending the order confirmation. The transmission of payment data is encrypted.
5.3 Retention of title
The goods remain our property until full payment has been made. The buyer has no claims against us until full payment of the goods.
5.4 Default
The invoice for the ordered goods shall be paid by the Buyer at the time of the order. After sending the order confirmation the payment is due. If payment is not made upon dispatch of the order confirmation or, in the case of orders on account, within the payment period specified by us, the purchaser shall be in default without further reminder.
5.5 Purchase on invoice with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "Purchase on invoice" as an external payment service provider. With the single invoice you can easily pay 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 summary in the following month.
Upon conclusion of the purchase contract, POWERPAY assumes the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the terms and conditions of POWERPAY(German, Français, Italiano, English).
6. RETURN, WARRANTY
6.1 Procedure for returns
The buyer must notify us of defective, incomplete or incorrectly delivered goods within 8 days of delivery. The goods must be returned in their original packaging, with all accessories and accompanied by the invoice and the completed returns form. The return is always at the risk and expense of the buyer. If there is no defect in the returned goods, we can return them to the buyer at the expense and risk of the buyer and thus adhere to the purchase contract.
6.2 Warranty
The statutory two-year warranty applies to the goods. In the event of a warranty claim, we shall decide at our own discretion whether to either replace the goods free of charge to the purchaser or to credit the purchaser with the price for the defective goods ordered. If the goods are modified and/or used improperly by the buyer or a third party, so that the defect is due to this, any warranty is void. In any case, there is no warranty or liability for normal wear and tear of the goods.
7. LIABILITY
Claims for damages arising from breach of contract, impossibility of performance, culpa in contrahendo and/or tort, etc. against Framework AG are excluded to the extent permitted by law.
8. DATA PROTECTION
In connection with the online store, we only use the mandatory data provided to us by the customer or buyer.
For the operation of the online store, we are therefore absolutely dependent on this data, which the buyer provides to us voluntarily, for the fulfillment of our service to the buyer.
The Buyer acknowledges and agrees in general and with each new order that Framework AG processes the data provided or made available by the Buyer both for the operation of the online store and for the purposes of marketing.
The Buyer agrees that the Framework AG may send newsletters and advertisements to the Buyer.
The buyer can unsubscribe from the newsletter and/or advertisements at any time, as well as delete the customer account.
In addition, we are entitled or the buyer agrees in general and with each order anew that we obtain information on his creditworthiness at any time without further notice and for this purpose the necessary customer data to third parties.
The data will be treated confidentially by us.
Data will only be passed on to third parties for advertising purposes with the express permission of the purchaser.
For the rest, we refer to our privacy policy.
9. APPLICABILITY
These terms and conditions apply when creating a customer account, with or with each order and generally with the use of our online store.
In the event of translations of these GTC, the German version shall take precedence.
10. APPLICABLE LAW, PLACE OF JURISDICTION
Swiss substantive law is exclusively applicable (Code of Obligations, SR 220). For all disputes arising directly or indirectly from or in connection with the contractual relationship, the place of jurisdiction is Hünenberg ZG, Switzerland.