CH – 2504 Biel/Bienne, Switzerland
Trade register: CH-036.3.043.153-9
District court: Bern
CEO: Tzuyu Huang
GENERAL TERMS OF BUSINESS
§ 1 Scope of validity and protective clause
(1) For all legal relations, which arise between the operator of the HORAGE online shop (subsequently “vendor”) and his or her customers the following terms of business in the form current at the time of an order being placed will be exclusively valid.
(2) Any different terms and conditions of the customers will not be accepted.
(3) The following terms as well as revocation rights do not apply to the HORAGE-BrandCloud mobile payment system which is typically used in physical stores.
§ 2 Conclusion of contract
(1) The presentation of the goods in the internet-shop does not constitute a binding offer of the vendor to the conclusion of a sale. The customer is hereby only prompted to make an offer by way of an order.
(2) By sending an order through the internet-shop the customer submits a binding offer directed at the conclusion of a sale for the goods contained in the basket. By sending an order the customer accepts these terms and conditions as the sole basis for the legal relationship with the vendor.
(3) The vendor confirms the receipt of an order to the customer by the sending of a confirmation email. This confirmation email does not constitute an offer to enter a contract of sale by the vendor. It is only to inform the customer that the vendor has received an order. The notification that a contract of sale has been accepted by the vendor follows by the delivery of goods or a formal acceptance notification.
§ 3 Retention of title
The vendor retains the title for all goods delivered until complete payment has been received.
§ 4 Due date
Payment of the purchase price is due upon conclusion of the contract
§ 5 Guarantee
(1) The rights of the customer to guarantee will comply with the general legal regulations unless other subsequent agreements are made. Any claims to damages toward the vendor made by the customer will be covered by § 6 of these terms of business.
(2) The statute of limitations for all guarantee claims of the customers will be one year for all new and used goods. For business customers the statute of limitations is one year for all new and used goods. The aforesaid shortening of the statute of limitations does not apply in cases of injury, fatality or for claims for damages resulting from a fundamental breach of contract. Fundamental contractual obligations are such whose fulfilment is necessary for the contract to be completed, for example: the vendor must hand over the goods to the customer free of actual or legal faults and transfer ownership to the customer. The aforesaid shortening of the statute of limitations does not apply in cases arising from deliberate neglect or gross negligence by the vendor, his legal representatives or assistants. Furthermore the aforesaid shortening of the statute of limitations does not apply for business customers.
(3) A guaranty is not declared by the vendor.
§ 6 Disclaimer of guaranty
(1) Claims for damages by customers are not possible unless other agreements have been reached. The aforesaid disclaimer of warranty is also valid for the legal representatives and assistants of the vendor unless the customer makes claims against these.
(2) The disclaimer of guaranty outlined in paragraph (1) does not apply in cases of injury, fatality or for claims for damages resulting from a fundamental breach of contract. Fundamental contractual obligations are such whose fulfilment is necessary for the contract to be completed for example: the vendor must hand over the goods to the customer free of actual or legal faults and transfer ownership to the customer.
The disclaimer of guaranty outlined does also not apply in cases arising from deliberate neglect or gross negligence by the vendor, his legal representatives or assistants.
(3) The provisions of product liability laws remain unaffected.
§ 7 Assignment and pledge ban
The assignment or pledge of the customer to the vendor’s claims or rights shall be excluded without the consent of the vendor, unless the customer can prove a legitimate interest in the assignment or pledge.
§ 8 Compensation
A right to compensation for the customer only exists when his/her compensation claims have been legally validated or is undisputed.
§ 9 Choice of law & Court of Jurisdiction
(1) The laws of Switzerland shall be binding for the contractual relations between the vendor and the customer. The statutory consumer protection laws applicable in the customer’s normal country of residence shall be excluded from this choice of law. The UN-convention on contracts for the international sale of goods is not permissible.
(2) The Court of Jurisdiction for any disputes arising from the contractual relationship between the vendor and the customer shall be the location of the vendor insofar as the customer is a trader, a legal entity under public law or a public body.
§ 10 Severability clause
Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this agreement, the legal effectiveness of the other provisions is not affected.
PAYMENT TERMS AND SHOPPING CONDITIONS
Pay with PayPal
Instore shopping through HORAGE- BrandCloud:
HORAGE products which are offered to you in a physical store through one of our HORAGE Sale Agent partners will have to be registered through a specifically designed HORAGE smartphone APP.
If this does not happen or the Retailer does not have such an APP, DO NOT BUY this product!
It might be a fake or this Agent is not HORAGE certified!
The checkout has to be performed with a BrandCloud payment APP before you have left a shop in which you bought a HORAGE product.
This APP allows the Agent to create invoices on behalf of HORAGE SA once you buy a product in the store or receive cash from you as a customer or accept any of your credit cards on behalf of HORAGE SA through a specific card reader or his the shops card reader.
Invoices will be automtically sent to you after the payment has been done. If you think there is something wrong, call us on +41 32 344166-5
Usually we offer free shipping world wide. Prices you find online include 8% Swiss VAT.
In case we ship into a country which causes unbearable cost or overcomplicated export procedures we will get in touch with you and might have to ask for some upcharge.
Information we collect: We collect two general types of information from users: personal data (such as names and e-mail addresses); and aggregate data (such as information about traffic patterns on this site; for example, how many users log into this site on a daily basis).
Personal Data: Personal data is collected when users provide information to us, for example in registering for electronic newsletters or other membership services, in answering surveys, and/or registering for contests and other promotional opportunities provided by us. When you register or request information on this site, we generally need you to provide your name, e-mail address, mailing address & day phone number. In addition, if you send us personal correspondence, such as e-mails or letters, we may collect such information into a file specific to you.
Aggregated information and usage information: Aggregate information, such as which page users access and information volunteered by users, such as survey information and/or site registration information, is collected through various methods. In the course of using our site, we also automatically track certain information about you. This information includes the URL that you just came from, which URL you next go to, what browser you are using, and your IP address. An IP address is a number that is automatically assigned to your computer whenever you're surfing the web. Web servers, the computers that "serve up" web pages, automatically identify your computer by its IP address, and when you request a page from us, our servers log your IP address. We do not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us.
Disclosure of collected information to third parties: We do not sell, trade, rent or otherwise provide your personal data to third parties without prior permission from you, provided however, that third parties does not include our subsidiaries, affiliates, licensees, partners, website hosting partners or other parties who assist us in operating this site. We may, however, share your data in an aggregate format, as well as aggregate usage information, with third parties for both advertising and promotional purposes. Further, we co-operate with all law enforcement inquires, and with all third parties, to enforce their intellectual property or other legal rights.
Links to other sites: It is important to note that this site might contain links to other sites, and that those sites may not follow the same privacy policies as us. For instance, if you clicked on a link, this might take you away from this site and to an entirely different site. This includes links to dealers, content providers, and business partners, who may use our name and/or logos as a result of a co-branding or other agreement. These sites may send their own cookies to you, and may collect data and make uses of it that we would not. We do not control these sites or use, or bear any responsibility or liability for them.
Security: The security of all personally identifiable information associated with users of this site is of great concern to us. We implement a variety of security measures to maintain the safety of your personal information. Once we receive your transmission, we use reasonable efforts to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we can't ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Rights to revocation
Beginning of revocation instruction
You may declare the revocation of your contractual statement in text form (e.g. letter, email, fax) or by returning the merchandise within a period of 14 days. The revocation does not have to contain any reasons. We will forward this revocation instruction to you again in text form. The revocation period of 14 days commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
Fax: 0041 (0) 32 344 166 7
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as benefits taken (e.g. interest), if applicable, are to be returned by either side. If you are unable or partially unable to return the merchandise to us or can only return it in a deteriorated condition, then you have to compensate for its loss in value where applicable. You must only compensate us for use or deterioration if the use goes beyond the examination of the goods for functionality or checking of characteristics. Examining the goods is defined as testing and checking the goods – as for instance is normally done in a retail store.
Things that can be shipped by parcel are to be returned at our risk. Goods that cannot be shipped by parcel will be collected from you. In either case you are obliged to bear the costs of the return shipment. Obligations to refund any payments must be completed within 30 days. This period begins for you on the day your revocation is sent to us in written form or on the day the goods are sent back to us, the period begins for us on receipt of the returned goods.
End of revocation instruction
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