1. SUBJECT MATTER OF THE CONTRACT
Sabine Portenier sells to customers (hereinafter referred to as "you") the goods offered in the online store subject to the following terms and conditions of delivery and sale (GTC).
2. CONCLUSION OF CONTRACT
The contract between you and Sabine Portenier is concluded only by an order from you and order acceptance by us. Your order is placed via the Internet. Sabine Portenier accepts the order by sending you an order confirmation (by e-mail or letter post) or by delivering the ordered goods (including delivery bill).
3. PRODUCT OFFER
All information about the goods you receive during the ordering process is non-binding. In particular, changes in design and technology, which improve the functionality of a product, as well as errors in description, illustration and price are reserved.No goods are offered that do not comply with the legal requirements.
4. PRODUCT COLORS
We try to represent the colors of the products truthfully. We point out that there may be deviations between the colors given on the photograph and the actual color shades. Slight color deviations are mostly caused by color settings on the monitors and do not represent a defect. If you have any questions about our products, please contact us at info@portenier.ch.
5. PRICES AND TERMS OF PAYMENT
All prices are quoted in Swiss Francs (CHF). The valid payment methods are the indicated credit cards and PayPal.
6. DELIVERY CONDITIONS
6.1 Shipping to Switzerland and Liechtenstein: We deliver via our logistics and shipping partner Swiss Post to the delivery address you specify.You will receive your order within 3-5 business days (Monday-Friday). You will receive a track & trace number with the shipping confirmation. Shipping to Switzerland and Liechtenstein costs 9.00 CHF.
6.2 International shipping (outside Switzerland and Liechtenstein): We deliver via our logistics and shipping partner Swiss Post to the delivery address you specify.You will receive your order within approx. 6-12 working days (Monday-Friday) within Europe or 10-25 working days outside Europe, depending on the country. The stated transit times and delivery dates are not binding and we reserve the right to send deliveries late. You will receive a track & trace number with the shipping confirmation.Shipping costs are CHF 19.00 within Europe or CHF 26.00 outside Europe and will be added to the selling price and paid by the buyer. Important: International shipping may be subject to customs duties, VAT and import taxes. These are to be paid by the recipient upon receipt of the delivery.
7. RESERVATION OF OWNERSHIP
The delivered goods shall remain the property of Sabine Portenier until full payment has been received. Sabine Portenier is entitled to make a corresponding entry in the retention of title register. If you are in default with the payment of the purchase price, Sabine Portenier shall be entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.
8. RIGHT OF RETURN/CANCELLATION
8.1 General provisionsYou have the right, in the case of a purchase without discounts, to return or exchange the product within 14 days of receipt of the goods, in accordance with the provisions of this section, if you do not like or do not fit your order. This right does not apply to all discount sales. Receipt is deemed to be the date of delivery or the first attempted delivery.Please contact us at info@portenier.ch prior to any return and provide us with the reason for the return. The cost of the return shipment will be borne by the buyer. If you wish to make an exchange, please specify the new product you are requesting. The product must be returned to the return address in the original packaging with the delivery bill. All returned items will be inspected by us. Purchased products must not show any traces of use. A return will be refused if a) traces of use are visible. In particular, used, soiled, damaged items can not be returned. b) the product is damaged due to transport.
8.2 Exchange and refund of the purchase price
In the case of returns with exchange, you will receive a credit note for the value of the exchanged goods plus the shipping costs incurred.For returns without exchange, only the purchase price will be refunded without the shipping costs originally incurred. The refund of the purchase price will be made via the same payment method as the original payment reached us. Important: For international returns (outside of Switzerland and Liechtenstein), any customs duties, taxes, or import taxes as well as the originally incurred shipping costs will not be refunded.
8.3 Warranty
Sabine Portenier undertakes to exercise due care and to deliver goods of good quality as a matter of principle. In the event of defects in the goods delivered, Sabine Portenier shall be entitled to repair or redeliver them. If the goods cannot be repaired or redelivered, the customer shall be entitled to demand rescission or reduction of the purchase price in accordance with the provisions of the Swiss Code of Obligations. A possible refund will always be made by the same payment method as the payment was made. Excluded from the warranty are defects for which Sabine Portenier is 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 as well as comparable other causes.
9. LIABILITY
Unless otherwise stated below, any further claims of the customer - irrespective of the legal grounds - are excluded. We shall not be liable for any damage that has not occurred to the delivery item itself; in particular, we shall not be liable for loss of profit or for any other financial loss suffered by the customer. Insofar as liability is excluded, this shall also apply to the personal liability of employees, representatives and vicarious agents. The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved or if the Product Liability Act applies. The warranty period is 12 months, calculated from delivery. This period is a limitation period and shall also apply to claims for compensation for consequential harm caused by a defect, unless claims in tort are asserted.In the case of other breaches of duty, we shall only be liable for intent and gross negligence. This limitation shall also apply to our legal representatives, employees, staff and vicarious agents.
10. INTELLECTUAL PROPERTY
Sabine Portenier reserves all rights for every design, every text, every graphic on her website. Copying or any other reproduction of the whole or parts of this website is only allowed for the purpose of placing an order with Sabine Portenier.
11. JURISDICTION AND APPLICABLE LAW
These GTC and the contracts concluded on the basis of these GTC shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction shall be at the registered office of the Company.
12. SEVERABILITY CLAUSE
Should one or more provisions of these GTC be or become invalid, or should these GTC contain loopholes, the legal validity of the remaining provisions shall remain unaffected. Instead of the ineffective provisions or the gap, an effective provision shall apply which comes closest to the economic objective intended by the parties.
13. FINAL PROVISIONS
For the sale of goods specified in the online store of Sabine Portenier, the terms and conditions shall apply exclusively in the version valid at the time of the respective conclusion of the contract. These terms and conditions shall apply in particular even if they should differ from those of the customer. Furthermore, Sabine Portenier reserves the right to change these General Terms and Conditions at any time.
PRIVACY POLICY
1. we observe the applicable provisions of data protection law when collecting, using and processing personal data. All personal data provided by you (title, name, address, e-mail address, telephone number and bank details) will be collected, processed and stored exclusively in accordance with the provisions of data protection law.
2. if you use our services, your personal data, insofar as they are necessary for the establishment, content or modification of the contractual relationship (inventory data), will be used for the execution of the contract concluded between us, such as for the delivery of the products ordered by you to the address specified by you. Within the scope of legal regulations, we also store data to a permissible extent in order to contact you at a later date about new products from our company. Any further use of your inventory data for the purposes of advertising, market research or to tailor our offers to your needs requires your express consent.
3. for the processing of your orders in our online store it is necessary to transmit your personal data to third parties (e.g. subcontractors, subsidiaries, suppliers, forwarding agents, tax consultants). The data passed on to third parties will be used by them exclusively to fulfill the obligations or tasks incumbent upon you. After termination of the purchasing process, the data stored by us will be deleted. In the event that a contract is concluded, all data from the contractual relationship will be stored until the expiry of the retention period under tax law (7 years).
4. your personal data, which are necessary to enable the use of our offers and billing (usage data), are also used exclusively for the processing of the sales contracts concluded between us. Such usage data are in particular the characteristics for your identification as a user, information about the beginning and end as well as the scope of the respective use and information about the telemedia used by you as a user.You have the option of subscribing to our newsletter via our website. For this, we need your e-mail address and your declaration that you agree to receive the newsletter. As soon as you have registered for the newsletter, we will send you a confirmation e-mail with a link to confirm your registration. You can cancel your subscription to the newsletter at any time. Please send your cancellation to the following e-mail address: info@portenier.ch. We will then immediately delete your data in connection with the newsletter dispatch. Your rightsYou are generally entitled to the rights of information, correction, deletion, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. You can reach us at the following contact details: E-mail: info@portenier.ch
SHIPPING
1. DELIVERY CONDITIONS
1.1 Shipping to Switzerland and Liechtenstein:We deliver via our logistics and shipping partner Swiss Post to the delivery address you provide.You will receive your order within 3-5 business days (Monday-Friday). You will receive a track & trace number with the shipping confirmation. Shipping to Switzerland and Liechtenstein costs 9.00 CHF.
1.2 International shipping (outside Switzerland and Liechtenstein): We deliver via our logistics and shipping partner Swiss Post to the delivery address you specify.You will receive your order within approx. 6-12 working days (Monday-Friday) within Europe or 10-25 working days outside Europe, depending on the country. The stated transit times and delivery dates are not binding and we reserve the right to send deliveries late. You will receive a track & trace number with the shipping confirmation.Shipping costs are CHF 19.00 within Europe or CHF 26.00 outside Europe and will be added to the selling price and paid by the buyer. Important: International shipping may be subject to customs duties, VAT and import taxes. These are to be paid by the recipient upon receipt of the shipment.
2. RESERVATION OF OWNERSHIP
The delivered goods shall remain the property of Sabine Portenier until full payment has been received. Sabine Portenier is entitled to make a corresponding entry in the retention of title register. If you are in default with the payment of the purchase price, Sabine Portenier shall be entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.
3. RIGHT OF RETURN/CANCELLATION
3.1 General provisions
In the case of a purchase without discounts, you have the right to return or exchange the product within 14 days of receipt of the goods in accordance with the provisions of this section if you do not like or do not fit your order. This right does not apply to all discount sales. Receipt is deemed to be the date of delivery or the first attempted delivery. Please contact us at info@portenier.ch prior to any return and provide us with the reason for the return. The cost of the return shipment will be borne by the buyer. If you wish to make an exchange, please specify the new product you are requesting. The product must be returned to the return address in the original packaging with the delivery bill.All returned items will be inspected by us. Purchased products must not show any traces of use. A return will be refused if a) traces of use are visible. In particular, used, soiled, damaged items can not be returned, b) the product is damaged due to transport.
3.2 Exchange and refund of the purchase price
In the case of returns with exchange, you will receive a credit note for the value of the exchanged goods plus the shipping costs incurred.For returns without exchange, only the purchase price will be refunded without the original shipping costs incurred. The refund of the purchase price will be made via the same payment method as the original payment reached us.Important: For international returns (outside of Switzerland and Liechtenstein), any customs duties, taxes, or import taxes as well as the originally incurred shipping costs will not be refunded.
3.3 Warranty
Sabine Portenier undertakes to exercise due care and to deliver goods of good quality as a matter of principle. In the event of defects in the goods delivered, Sabine Portenier shall be entitled to repair or redeliver them. If the goods cannot be repaired or redelivered, the customer shall be entitled to demand rescission or reduction of the purchase price in accordance with the provisions of the Swiss Code of Obligations. A possible refund will always be made by the same payment method as the payment was made. Excluded from the warranty are defects for which Sabine Portenier is 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 as well as comparable other causes.
IMPRINT / CONTACT ADDRESS
Sabine Portenier, Suburban Collective GmbH
Scheibenstrsse 6
3600 Thun
+41 33 223 85 03
info@portenier.ch
AUTHORIZED REPRESENTATIVES
Sabine Portenier, Dominik Stauch
COMMERCIAL REGISTER ENTRY
CH-377.208.904
DISCLAIMER
Sabine Portenier does not guarantee the correctness, accuracy, timeliness, reliability or completeness of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are non-binding. Sabine Portenier expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of the pages or the entire offer without prior notice.
LIABILITY FOR LINKS
References and links to third party websites are beyond our responsibility. Any responsibility for such websites is declined. Access and use of such websites is at the user's own risk.
COPYRIGHTS
The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to Sabine Portenier or to the specifically named rights holders. For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.
