Terms of service

 

General Terms and Conditions First Line Studio AG - Online Store Switzerland (as of December 01, 2024)

1 Scope of application and definitions

For the business relationship between First Line Studio AG, 3604 Thun, Switzerland (hereinafter “Seller”) and the customer (hereinafter “Customer” or “you”) for transactions in the Online Store Switzerland (hereinafter “Online Store”), the following General Terms and Conditions (hereinafter “GTC”) apply exclusively in the version valid at the time of the respective order.

The seller's offer in the Online Store is aimed at customers with a billing and delivery address in Switzerland and Liechtenstein.

The customer has expressly accepted these GTC by ticking the corresponding box.

The inclusion of general terms and conditions or other contractual conditions of the customer that deviate from these GTC is rejected unless these are expressly recognized by the seller in writing.

 

2 Order process

The customer can select products from the seller's range and collect them in a so-called shopping cart by clicking on the “Add to cart” button. The customer can view and change the order data via the shopping cart symbol at the top right of the screen.

As soon as the customer clicks on the “Order” button in the order process, they submit a binding offer to purchase the goods in the shopping cart at that time (hereinafter “order”).

After submitting the order, the customer receives an automatic confirmation of receipt by e-mail, which once again reproduces the content of the customer's order. This automatic confirmation of receipt does not constitute acceptance of the order, but merely documents that the order has been received by the seller.

The seller can accept the customer's order within a period of 10 working days after the order has been sent to the customer by e-mail (hereinafter referred to as “declaration of acceptance”). The contract is concluded upon receipt of this declaration of acceptance by the customer.

If the order includes several items, the contract is only concluded for those items that are expressly listed in the declaration of acceptance.

The above also applies if the customer has already paid or instructed payment of the purchase price prior to conclusion of the contract. If the contract is not concluded in this case, the seller shall inform the customer of this without delay (in the case of partial acceptance of the contract together with the declaration of acceptance for the deliverable items) and refund the advance payment without delay.

The contract is concluded in German. The text of the contract (consisting of the order, GTC and declaration of acceptance) shall be stored by the seller in compliance with the applicable data protection laws and sent to the customer by e-mail. If the customer is registered in the online store, he can also view his current orders in his personal customer area.

The customer is obliged to fill in the fields provided in the order form completely and truthfully.

 

3 Delivery, delivery periods

Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Delivery is only made within Switzerland and Liechtenstein. The seller shall inform the customer of the delivery period during the ordering process and in the shipping confirmation.

The stated delivery times are estimates and there may be deviations of up to 5 working days.


4 Prices and shipping costs

All prices quoted in the Online Store are in Swiss francs and include the applicable statutory value added tax.

Prices are subject to errors. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded if the customer wishes to purchase at the actual price. If the correct price is lower, the lower price will be charged.

Standard shipping is free of charge.

 

5 Payment methods

The seller only accepts the payment methods displayed to the customer during the ordering process.

In individual cases, the seller reserves the right to exclude certain payment methods, in particular purchase on account, in order to safeguard the credit risk.

In the case of purchase by credit card, the specified credit card account is debited when the order is dispatched.

Any refunds of payments made will be made to the means of payment used by the customer when placing the order.

The statutory default regulations apply. If the customer fails to meet his payment obligation, he shall be in default upon expiry of the payment deadline set for him without further reminder and shall pay default interest of 5%. The seller is entitled to charge a reminder fee of up to CHF 50.00 per reminder as well as other fees, in particular the costs of any debt collection proceedings. Invoice transmission: Invoices are issued electronically and made available together with the shipping confirmation.

 

6 Retention of title; offsetting; right of retention

In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, the seller shall retain title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

The customer shall only have a right of set-off if his counterclaims have been legally established or are undisputed or recognized by the seller. Furthermore, the customer shall only have a right of retention if and insofar as his counterclaim is based on the same contractual relationship.

If the customer is in arrears with any payment obligations to the seller, all existing claims shall become due immediately.

 

7 Cancellation policy

Right of withdrawal The customer has the right to withdraw from the contract concluded via the Online Store within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods (or, if several goods have been ordered and delivered separately: the last goods). To exercise the right of withdrawal, the customer must inform the seller by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal to the following address before the expiry of the withdrawal period: First Line Studio AG, Falkenstrasse 19, 3604 Thun, Switzerland, e-mail: hello@firstlinestudio.ch

Consequences of withdrawal: If the customer withdraws from this contract, the seller shall reimburse all payments received from him, including delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered by us was chosen), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. The seller may refuse repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier. The customer must return or hand over the goods to the seller immediately and in any case no later than fourteen days from the day on which he notifies the seller of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

In addition to the regulation, the following applies: If the customer exercises his right of withdrawal, the enclosed return label must be used. In addition, CHF 16 will be charged for the return shipment.



8 Warranty

The statutory warranty provisions apply to consumers, which provide for a warranty period of 2 years from delivery for movable goods. We provide a warranty to entrepreneurs for 12 months from delivery of the goods.



9 Notes on data processing

The Seller shall only process and store personal data in accordance with the Seller's applicable data protection provisions and the applicable law.

 

10 Limitation of liability of the seller

The Seller shall be liable without limitation for intentional and grossly negligent breaches of duty by the Seller and its legal representatives and vicarious agents.

The seller shall only be liable for slightly negligent breaches of duty by the seller, his legal representatives and vicarious agents in the event of injury to life, limb or health. In the latter case, the seller's liability shall be limited to the damage typical for the contract and foreseeable at the time the contract was concluded.

The Seller's liability under mandatory law, such as the Product Liability Act, shall remain unaffected.



11 Final provisions

The law of Switzerland shall apply to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from contracts concluded on the basis of these GTC is Thun. The place of jurisdiction for actions brought by consumers is also their place of residence.

Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.