General Terms and Conditions of PEGGEL LLC (“Supplier”)
1.1 For all deliveries of face masks, face mask accessories, handbags and other products (hereinafter referred to as “Goods“) through the Supplier’s web shop (www.peggell.com), the present General Terms and Conditions shall form an integral part of the contract, unless otherwise agreed in writing.
1.2 By placing the order or entering into the contract, the customer confirms that he/she has read, understood and accepted without reservation the General Terms and Conditions.
1.3 The Supplier may amend the General Terms and Conditions at any time. The version of the General Terms and Conditions accessible at the time of the order shall be applicable.
2. Offers by the Supplier and Orders from the Customer
2.1 Offers by the Supplier (in particular information about the Supplier’s products in the web shop) are not binding, in particular with regard to price, availability, delivery time and delivery options. Accordingly, the Supplier reserves the right to amend or withdraw its offer at any time. If the customer places an order based on an offer by the Supplier, a contract shall only be concluded upon the Supplier’s confirmation of the customer’s order in accordance with section 2.2 below.
2.2 By placing the order, the customer submits a binding offer to purchase the selected Goods under the specified terms and conditions. The order shall be deemed accepted and thus the contract concluded if the Supplier, after receipt of the order, sends an order confirmation by e-mail to the customer to the e-mail address provided by the customer when placing the order, or otherwise expressly confirms the order in writing. The issuance of the delivery slip or of the invoice or the delivery of the Goods by the Supplier shall also be deemed to constitute acceptance of the order and order confirmation.
2.3 The acceptance of orders and the conclusion of contracts on the part of the Supplier are expressly subject to the customer’s consent to these General Terms and Conditions in their entirety. The customer’s acceptance of the Goods and services constitute the customer’s consent to these General Terms and Conditions in their entirety.
3. Prices and additional costs, payment options and conditions
3.1 The Supplier has the right to adjust the prices for the Goods at any time. The price indicated at the time of placing the order shall apply.
3.2 All prices indicated are inclusive VAT and in Swiss Francs.
3.3 Any additional costs such as shipping costs for shipments abroad (see also section 5.1), any customs duties, foreign VAT or other handling costs are not included in the price.
3.4 Orders placed through the web shop can be paid by credit card (Visa, American Express or MasterCard) or PayPal.
4. Right of Return
4.1 The customer has the right to return delivered Goods during 10 calendar days from the date of the first delivery attempt. Face masks and face masks accessories are excluded from the right to return.
4.2 The return deadline according to section 4.1) is deemed met, if the Goods are handed over to the Swiss Post or another shipping company for return on the last day of the deadline. The Goods must be sent in perfect condition, in their original packaging, complete with all accessories and with the completed return slip, to the address stated on the return slip.
4.3 The costs for the return of the Goods shall be borne by the Supplier. If the Goods are not returned in proper condition, the Supplier shall be entitled to charge the customer for the loss in value incurred.
4.4 The customer must declare returns that are returned from outside Switzerland as returns when declaring them to customs. If the declaration is not made correctly, import costs will be charged for the return to Switzerland, which the Supplier may deduct from the customer’s refund.
4.5 If the Goods are returned in compliance with section 4.1 to 4.4 above, the Supplier will refund to the customer the total price paid after inspecting the Goods. A refund shall always be made in the same form as the customer used for the purchase.
5. Delivery and transfer of risk
5.1 Deliveries within Switzerland and the Principality of Liechtenstein are free of charge. Deliverers are usually carried out by Swiss Post (A-Post). Deliveries to other countries are subject to a delivery charge. The corresponding shipping costs will be indicated separately and invoiced additionally.
5.2 For orders with an order value of less than CHF 30.00, a small quantity surcharge of CHF 5.00 will be charged.
5.3 Deliveries in Switzerland and the Principality of Liechtenstein are usually made within one working day after receipt and payment of the order. Information regarding the expected delivery day is, however, non-binding. The Supplier shall endeavour, insofar as it is in its power, to deliver the Goods at the time specified in this section or in the order confirmation. The Supplier shall inform the customer of any delays in delivery and the current delivery status. Delays in delivery do not entitle the customer to withdraw from the contract. Any claims of the customer due to delays in delivery are – to the extent legally permissible – excluded.
5.4 Partial deliveries are permitted. However, no additional shipping costs shall be charged.
5.5 The transfer of risk shall take place upon the handover of the Goods for delivery.
6. Obligation to inspect and give notice of defects, warranty
6.1 The Supplier warrants that the delivered Goods are free from material and manufacturing defects at the time of delivery, which eliminate or significantly reduce their value or their suitability for the implied use. If there is no defect (for example, if the customer subsequently no longer likes the purchased Goods), the customer has no right to return the Goods and/or withdraw from the contract, except as provided for in section 4 above.
6.2 The customer shall inspect the delivered Goods immediately. In the event of defects for which the Supplier provides a warranty pursuant to section 6.1, the customer must notify the Supplier thereof in writing immediately – at the latest, however, within 7 days after delivery of the Goods – by means of a written notice of defect. Hidden defects which cannot be discovered despite proper inspection must be notified to the Supplier in writing by means of a notice of defect immediately, but at the latest within 7 days after their subsequent discovery.
In this notice of defects, the delivered Goods must be precisely identified (among others by stating the article designation) and the defect must be described in detail, to the extent possible with the submission of supporting documents.
If the customer fails to give notice of defects within the specified period and in the correct form, the delivered Goods shall be deemed accepted and any claims of the customer shall be excluded to the extent permitted by law.
6.3 If there is a defect for which the Supplier has to provide a warranty in accordance with section 6.1 and which was reported timely and correctly by the customer in accordance with section 6.2, it shall be at the Supplier’s discretion whether to rectify the defect, make a replacement delivery or grant an appropriate price reduction. Other warranty rights are excluded.
6.4 At the Supplier’s request, the customer shall return defective Goods at his/her own costs. Insofar as the Supplier in fact has to provide a warranty in accordance with section 6.1, the Supplier shall reimburse the customer for the reasonable costs of this return transport.
6.5 Provided that a notice of defects is given in a timely manner in accordance with section 6.2, the limitation period for all claims arising from material defects and defects of title, including hidden defects, shall, to the extent permitted by law, be two years from the day on which the risk in the Goods was transferred to the customer in accordance with section 5.5. In the event of rectification or replacement delivery, the limitation period shall not start anew.
6.6 If the Supplier uses an auxiliary person for the fulfilment of the contract, the Supplier excludes – to the extent permitted by law – all warranty for such person’s actions. However, the Supplier undertakes to assign to the customer any claims to which the Supplier is entitled against the auxiliary person.
7. Liability for damages
7.1 The Supplier’s liability shall be excluded to the extent permitted by law.
7.2 In particular, the Supplier shall in no event be liable for (i) slight or medium negligence, (ii) indirect and consequential damages, such as loss of profit, loss of production, damages to image, liability vis-à-vis third parties etc., (iii) damages resulting from delay in delivery as well as (iv) acts and omissions of any auxiliary person of the Supplier, whether contractual or non-contractual.
8. Data Protection
8.1 The Supplier points out to the customer that personal data will be collected and processed in the course of the performance of the contract. By agreeing to these General Terms and Conditions, the customer consents that the Supplier may process and use the data collected. The Supplier reserves the right to pass on data to credit rating agencies and to third party companies for the purpose of debt collection.
8.2 When using the website www.peggell.com, the Supplier’s data protection declaration shall apply additionally.
9. Contact Details
9.1 The Supplier’s customer service is available for questions and suggestions at [email protected]
9.2 Written notices under this contract (such as notices of defects pursuant to section 6.2) shall be sent by registered mail to the following address:
10. Applicable law and place of jurisdiction
10.1 All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by Swiss law, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be the Supplier’s registered office.