Terms and conditions

General terms and conditions of business (Ts&Cs)

1. General

Many thanks for visiting the spirella AG website and taking an interest in our products. Please read the following legal information. Unless otherwise stated, all trademarks on this website are protected by trademark law on behalf of spirella AG

The intellectual property featured on the spirella AG website – such as protected information, text, images, photos, videos, animations, products and other design rights, copyrights or trademark rights – is protected by law. This website does not grant users a licence to use the intellectual property featured therein. Any enquiries concerning authorisation to use content should be made to spirella AG

2. Liability

We have created this website with the utmost care. However, we are unable to guarantee that the information featured therein is accurate and free from errors. No liability is assumed for any damages directly or indirectly arising from the use of this website, unless they are the result of intent or gross negligence.

3. Copyrights

The copyrights to the text, images, graphics, animations and videos featured on the spirella AG website and their layout are held by spirella AG Reproducing the content in any form, passing it on to third parties or using it in any other way is not permitted.

4. Contractual partner and the subject matter of the contract

The terms and conditions for shipping and delivery (Ts&Cs) set out here are agreed between spirella AG and the purchaser/customer.

spirella AG offers the customer the products on sale and supplies the goods ordered by the customer in accordance with these terms and conditions for shipping and delivery (Ts&Cs). These general terms and conditions apply to the Web shop business relationship between spirella AG and the customer. The Ts&Cs are subject to change at any time. Only these general terms and conditions are valid. Conflicting conditions or those that deviate from our terms and conditions will not be acknowledged unless they have been expressly agreed in writing in individual cases.

5. Contract formation

Orders are binding for the purchaser. The contract is formed between the customer and spirella AG following the customer’s order in the Web shop. spirella AG enters into the contract by confirming the order. By submitting an order, the customer confirms that they are of full legal age or have the consent of a legal representative. By placing an order, the customer expressly accepts these Ts&Cs as the basis of the contract.

6. Payment terms

We will deliver the ordered goods once payment has been received.

7. Delivery terms, delivery costs

All orders are carefully and securely packaged by us and shipped via DPD’s parcel service or haulage service (for general cargo). Unless otherwise agreed, goods will be delivered to the delivery address provided. The customer is liable for ensuring that the goods can be transported to the delivery address. The customer must notify spirella AG beforehand of any circumstances that may make delivery difficult. No deliveries will be made on Sundays or public holidays. If access to the delivery location is difficult or impossible with a normal lorry, particularly in mountainous regions or car-free zones, delivery will only be made to the nearest generally accessible location that can be reached with no additional effort or costs (e.g. valley stations). The type of delivery depends on the item(s) ordered and will be determined by spirella AG

spirella AG reserves the right to impose restrictions on the quantity of goods ordered. If one of the items ordered by the customer is out of stock, delivery of the remaining items will not be affected. Missing items will be delivered at a later date.

Delivery by parcel post costs CHF 7. We deliver free of charge if the value of the order is CHF 75 or above.
Transport costs will be shown separately.

8. Export / customs duties

Customers are liable for any import charges that may be payable on goods imported to countries outside Switzerland. Import charges, customs duties and fees are not part of the shipping costs.

9. Withdrawal from the contract

In the event that one of our suppliers no longer supplies the ordered item in spite of a contractual obligation, resulting in an impediment to performance through no fault of our own that is not just temporary, we are entitled to withdraw from the contract. In the event of withdrawal from the contract, we will notify you of the unavailability of the item at the earliest opportunity and, if necessary, immediately refund any payments already made.

10. Complaints about delivered goods

Incorrectly delivered goods (or the incorrect quantity of delivered goods) or defective items will be replaced as soon as possible, as long as you inform us of the matter immediately after taking delivery of the defective items and return them to us unused and in their original condition (including the original packaging). You must contact spirella AG by phone or in writing before returning the goods. Please use the email address info@spirella.ch or the telephone number +41 (0)44 866 2424 for this purpose.
If the customer notices any kind of obvious defect upon delivery of the goods, they must present proof of this to spirella AG in written form or with photographic evidence within seven days of receiving the goods. The customer should obtain written confirmation of any obvious, externally visible transport-related damage from the parcel delivery firm at the time the goods are delivered.

11. Returns / right of cancellation

If the purchaser would like to return products to which they have no claim for repair or replacement in accordance with paragraph 12, they can submit a request to return the goods within seven days of receiving them. Since there is no obligation to accept returned goods, it will be entirely at the discretion of spirella AG to decide whether returns are approved or not. Only unused items in their original packaging will be accepted. When goods are returned via a DPD service point, a processing fee of CHF 5 and delivery costs of CHF 7 will be deducted from the amount credited. Special orders and items with an order value below CHF 20 are generally excluded from the returns or exchange policy.
Returning goods without consulting spirella AG is strictly forbidden. spirella AG must be contacted beforehand by email at info@spirella.ch or by phoning +41 (0)44 866 2424.

12. Warranty

Please refer to the item descriptions for information on warranty claims or go to the warranty section in the Web shop. In the event of a warranty claim, spirella AG will decide whether the product will be repaired or replaced at its own expense or the purchase price refunded once the product has been returned. The customer must send an email to info@spirella.ch or call +41 (0)44 866 2424 to make a warranty claim.

13. Liability disclaimer and guarantee

spirella AG guarantees that the products are undamaged at the time of shipping. The supplier is only liable for direct damage caused by its own intentional or grossly negligent actions. Liability shall be limited to the purchase price. No liability shall be assumed for direct damages in cases of slight negligence – irrespective of the legal basis – subject to mandatory legal regulations. No liability shall be assumed for indirect damages or consequential damages. In particular, spirella AG assumes no liability for damages arising from wear and tear, handling errors, incorrect use, external influences, failure to observe safety precautions, third-party interference or product-specific wear, nor does it assume liability for damages that do not affect the delivered item itself.

14. Privacy

You will be asked to provide personal details in our contact form. All data submitted to us is handled with the utmost care and in the strictest of confidence in accordance with the legal provisions set out in the Data Protection Act (Datenschutzgesetz) passed on 19 June 1992.
spirella AG does not pass on your data for use by third parties unless you grant your express consent.

15. Place of jurisdiction and applicable law

All disputes arising in connection with these Ts&Cs are subject to Swiss law. The customer accepts Zurich as the sole place of jurisdiction (this also applies to the magistrate’s office and the debt enforcement office).

16. Changes to these provisions and conditions

spirella AG can change these provisions and conditions by updating this legal information at any time. Such changes are binding for you and you should therefore visit this page regularly in order to view the latest provisions and conditions to which you are bound.

17. Severability clause

If individual provisions of these Ts&Cs are invalid or ineffective in whole or part, the validity and effectiveness of the remaining provisions or parts thereof shall remain unaffected. The invalid or ineffective provisions will be replaced by those that come closest to reflecting the economic intent and the essence and purpose of the Ts&Cs in a legally effective manner. The same applies to any loopholes in the provisions.

Embrach, 01.08.2017