The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders placed and contracts concluded via the online shop of Muntagnard AG (hereinafter referred to as “Muntagnard”) (hereinafter referred to as “Order”).
Muntagnard reserves the right to amend the GTC. The version of the GTC in force at the time of the order shall apply in each case, which cannot be unilaterally changed for this order.
The prices are in Swiss francs, incl. Value Added Tax (VAT). The price in the online shop at the time of the order is relevant.
The presentation of the goods in the online shop is not a legally binding application, but a non-binding online catalogue or a non-binding invitation to the clientele to order the goods in the online shop.
An order is deemed to be an offer to Muntagnard to enter into a contract. Once the order has been transmitted, the Customer will automatically receive a confirmation of receipt (or order confirmation) documenting that the order has been received by Muntagnard.
Muntagnard is free to refuse orders in whole or in part without giving reasons. In this case, the client will be informed and any payments already made will be refunded. Further claims are excluded, in particular there will be no forwarding of the products that cannot be delivered.
4. CONCLUSION OF THE CONTRACT
The contract is only concluded at the time of dispatch of the goods.
Exception for pre-orders (e.g. for the Winter Community Mask): If a cancellation of the order is not requested within 7 days after receipt of the confirmation of receipt, the purchase contract becomes binding after this period.
Credit cards (Visa, Mastercard, American Express […]) and PayPal are accepted as means of payment. For technical reasons, invoicing is currently only possible in exceptional cases and for large orders.
In the event of outstanding debts on the part of the customer due to refunds, the refund will be made within 30 days to the account used at the time of purchase. The period begins with the receipt of the goods by Muntagnard.
6. DELIVERIES WITHIN SWITZERLAND
After receipt of payment, the ordered goods will be posted for shipment within 3-5 working days, provided that no delivery periods deviating from this are listed in the online shop.
Time deviations are possible, especially on peak days with exceptionally high delivery volumes, whereby any claims for damages as well as further claims of the clientele are excluded.
At the time of delivery, the client assumes responsibility for the goods delivered, even if they were not directly received by the client.
The delivery costs depend on the value of the ordered goods and the country of destination. The delivery costs communicated in the online shop apply. The delivery costs are listed as an additional item in the shopping basket and on the invoice.
7. DELIVERIES ABROAD
Currently, international orders are delivered to some European countries. After payment of the order, Muntagnard transfers the Swiss VAT of 7.7% back to the customer. Muntagnard has no control over the customs duties, local VAT or other charges incurred in the country of destination and cannot provide any information on their amount as they vary from country to country.
All customs duties, VAT (with the exception of Swiss VAT) and fees in the country of destination are the responsibility of the customer and must be paid by the customer. It is recommended to check with the relevant customs office before ordering to avoid unforeseen costs.
8. RIGHT OF REVOCATION
The customer may revoke his contractual declaration within 14 days without stating reasons in text form (letter or e-mail) or by returning the item.
The period begins after receipt of the goods by the buyer.
Exceptional case for masks (Winter Community Mask): For hygienic reasons, the mask cannot be exchanged/returned. Thus, returns of this product are no longer possible after receipt.
Exceptional case of pre-orders (Winter Community Mask): Only the pre-ordered quantity of masks will be produced to avoid overproduction. Thus, the purchase is binding after the deadline listed above. If a buyer nevertheless wishes to withdraw from the purchase, a voucher in the amount of the purchase price for the online shop or a credit note for the amount (minus transaction and processing fees) will be offered as a gesture of goodwill.
The returned goods must arrive at Muntagnard unused and in perfect condition. If the Customer is unable to return the performance received in whole or in part or only in a deteriorated condition, the Customer may be required to compensate Muntagnard for the loss of value. Compensation for the value of the use made of the goods must only be paid if the goods have been used in a manner that goes beyond the examination of the characteristics and the mode of operation. Testing the properties and functionality” is understood to mean testing and trying out the respective goods, as is possible and customary in a shop, for example.
The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be addressed to:
9. APPLICABLE LAW AND PLACE OF JURISDICTION
The legal relationship between Muntagnard and the Client shall be governed by Swiss substantive law, to the exclusion of conflict-of-law rules and the Vienna Sales Convention.
The exclusive place of jurisdiction for disputes arising from or in connection with these GTC is Chur.
10. SALVATORY CLAUSES
Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.