1 Scope of application
The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shop www.littleswan.ch (hereinafter referred to as “online shop”). The online shop is opperated by Little Swan Switzerland.
Little Swan reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online shop is exclusively intended for customers whose place of residence or place of business is Switzerland.
Deliveries are made exclusively to addresses in Switzerland.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18.
Large orders exceeding a standard amount may be refused without reason.
2.1 Product and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
All prices quoted are net, in Swiss Francs, excluding value added tax (VAT) and, where applicable, including an advance recycling contribution and excluding packaging and delivery costs for the stated delivery time as well as any additional charges and costs. Little Swan and the merchants (Amazon) reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurance etc., are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery times
Little Swan is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for Little Swan as well as for Amazon products. Therefore, all information on availability and delivery times is subject to change.
3 Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from Little Swan shall be deemed concluded with Little Swan as soon as an order has been placed by the customer in the online shop (contract).
For products and services offered by Amazon, the contract is concluded between Amazon and the customer (seperate GTC apply). Little Swan only mediates in the sales and acts as intermediary and service provider for Amazon, but does not act as contracting party for the customer.
Customers can see in the online shop and on the invoice who the supplier or rather the contracting party for any purchase is (either Little Swan or Amazon).
Customers are informed of their order placement by means of an automatically generated order confirmation by Little Swan, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Little Swan or Amazon under condition of deliverability and correct price quotation.
4 Delivery date
Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by Little Swan or Amazon is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Little Swan will refund the customer any amount paid in advance. No further claims towards Little Swan or Amazon apply.
All products and services purchased from Little Swan and Amazon can only be shipped to a customer.
The delivery address in Switzerland must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.
If the customer chooses the option “delivery to place of use”, it is the customer’s responsibility to ensure the place of use is accessible. The customer must verify that the product fits through any entrances, for instance staircases, doors etc. If the products cannot be transported to the place of use, the customer must bear any additional charges.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Little Swan or Amazon may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
If the customer does not collect the ordered products from one of our stores (in-store collection) within 14 calendar days from the arranged date, Little Swan may withdraw from the contract (cancellation).
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform Little Swan of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. This also applies to products and services by Amazon. The customer is aware that this information needs to be given via the section “Contact” in his/her personal customer account. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in “Returns and warranty” in the personal customer account.
7.1 Basic provisions
Little Swan or Amazon grant a warrant for two years from delivery date that the ordered product will be free from defects and fully functional. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. Little Swan or Amazon shall provide warranty either by
- repairing the product free of charge (original warranty period continues to apply to the entire product);
- providing a partial or full replacement with an equivalent product (for replacement within the first year of warranty, the original warranty period continues to apply. For replacement within the second year of warranty, the warranty period is one year starting from the time of replacement);
- replacing the product through Little Swan (the warranty period of two years starting from the time of replacement applies)
- providing a refund at current price (no more than the sales price at the time of the original order); or
- giving a price reduction.
Provided that the manufacturer warranty exceeds the warranty of Little Swan or Amazon, Little Swan or Amazon shall grant the former to the customer.
While the warranty claim is being processed, both Little Swan and Amazon may, at their own discretion, provide the customer with a replacement (replacement subject to reservation). This shall apply on condition (precedent) that a warranty claim actually exists. Therefore, the customer only gains ownership of the replacement product at the time of promise of guarantee by Little Swan or Amazon. If the warranty claim is rejected by Little Swan or Amazon, the customer may purchase the replacement product at retail value at the time of delivery or is obliged to return the replacement device at his or her own expense.
All further-reaching and in particular the legal provisions for warranty are excluded.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Little Swan or Amazon be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Little Swan or Amazon, be this contractual or non-contractual.
Moreover, Little Swan or Amazon will not accept any liability in the following cases:
- storage, setting or use of products that is improper, unlawful or contrary to contract;
- failure to maintain and/or improper modification or repair of the products by our clients or a third party;
- force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Little Swan or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services.
9.1 Payment methods
Little Swan claims all payments for products and services purchased on the Little Swan online shops directly from the customer. Amazon products are handled over the Amazon stores and GTCs.
Payment must be made in Swiss Francs.
Payment method available to customers for the online shop is PayPal.
The current fees are given in detail in the ordering process.
When paying by PayPal, the amount is debited at the time of order.
9.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Little Swan for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Little Swan may request immediate payment and suspend any further product deliveries to the customer.
Little Swan levies an administrative charge of CHF 5.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
9.3 Reservation of ownership
All ordered products remain the property of Little Swan or Amazon until payment is received in full. Little Swan or Amazon is entitled to make an entry in the register for reservation of ownership. Without the express consent of Little Swan, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
10 Order change or cancellation
Order placement obliges the customer to accept the products and services. Little Swan or Amazon may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Returning non-defective products
Little Swan grants the right to return ordered products within a maximum of 30 calendar days, or for products from third parties within a maximum of 14 calendar days, from their dispatch or collection. Conditions for Amazon apply to their own return policy.
Customers must register the return of a product in their personal customer account and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
Should customers exercise their right of return according to the above-mentioned return conditions, Little Swan shall refund the total purchase price with the exception of any minimum order surcharge paid.
12 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.
13 Place of jurisdiction and applicable law
All legal relations between Little Swan and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The following exclusive places of jurisdiction apply:
For any claims resulting from purchase contracts in which one party of Little Swan: for claims by consumers, the place of jurisdiction that applies is Lausanne or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Lausanne.
As this is a school project this GTC is not legally binding and not proof-read by a legal entity. Changes might apply and be applied after purchase placement.