1. scope of application
2. offers and descriptions of services
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. payment methods
9. warranty for material defects and guarantee
10. liability
11. storage of the contract text
12. final provisions
1. range of application
For the business relationship between EMAAL, Alexandra Somlo, Schützenstrasse 2, CH-4402 Frenkendorf (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. You can contact our customer service for questions, complaints and objections by e-mail at info@www.emaalcashmere.com. Consumer in the sense of these AGB is each natural person, who concludes a legal transaction for a purpose, which can be added predominantly neither their commercial nor their independent vocational activity.
Deviating conditions of the customer are not recognized, unless, the salesman agrees their validity expressly.
2. offers and performance descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted in the products. Errors excepted for the rest.
3. ordering process and conclusion of contract
The customer can select products from the assortment of the seller without obligation and collect them via the button [into the shopping cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the [Continue to checkout] button within the shopping basket to complete the order process.
The customer submits a binding request to purchase the goods in the shopping basket via the button [order subject to payment]. Before submitting the order, the customer can change and view the data at any time as well as return to the shopping basket using the browser function “back” or cancel the order process altogether. Required information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt only documents that the seller has received the customer’s order and does not constitute acceptance of the request. The sales contract is only concluded when the seller has sent or handed over the ordered product to the customer within 5 working days or has confirmed the dispatch to the customer within 5 working days with a second e-mail, express order confirmation or sending of the invoice.
If the seller allows a prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller within 10 calendar days after dispatch of the order confirmation despite the due date even after renewed request, the seller withdraws from the contract with the consequence that the order is void and the seller has no obligation to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the latest for 10 calendar days.
4. prices and shipping costs
All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax. In addition to the indicated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the scope of the order process.
5. delivery, availability of goods
If advance payment has been agreed, delivery shall take place after receipt of the invoice amount. If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately less the delivery and delivery costs incurred. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any payments already made.
Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
The customer can choose from the available payment methods within the scope and before completion of the order process. Customers shall be informed of the means of payment available on a separate information page.
If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
Third parties are assigned with the payment processing, e.g. Paypal. their general terms and conditions apply.
If the due date of the payment is determined according to the calendar, then the customer already comes by omission of the date in delay. In this case the customer has to pay the legal default interest.
The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. payment methods
We offer the following payment methods. Simply choose the payment method that is best for you. The prices listed in the respective offers represent final prices. They contain all price components including any taxes such as value added tax. Only in the case of cross-border delivery can you have to pay further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) in individual cases, but not to the seller, but to the customs or tax authorities responsible there. The delivery and shipping costs incurred are not included in the purchase price, they are shown under the item delivery costs and are shown separately in the course of the ordering process and are to be borne by you in addition.
PayPal
Pay faster and more securely with your PayPal account.
Prepayment
Please transfer the total amount of your order to our account:
Account holder: EMAAL / Alexandra Somlo
Account number: 431997302001
Bank Code: 00769
Bankt: Basellandschaftliche Kantonalbank
SWIFT: BLKBCH22
IBAN: CH7700769431997302001
8. retention of title
The delivered goods remain the property of the seller until full payment has been made.
9. warranty for material defects and warranty
The warranty is governed by statutory provisions. A guarantee exists with the goods delivered by the salesman only if this was expressly delivered. Customers will be informed about the warranty conditions before the ordering process is initiated.
10. liability
The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory conditions for claims. The Seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the Customer regularly relies on. In this case, however, the Seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
The foregoing limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect after assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11. storage of the contract text
The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the General Terms and Conditions together with instructions on revocation and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
12. final provisions
The place of jurisdiction and performance shall be the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law. The contract language is German.
Platform of the European Commission for Online Dispute Resolution (OS) for Consumers: http://ec.europa.eu/consumers/odr/. We are not prepared and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.