Swiss House Shop Ltd. General Terms & Conditions
of Sale and Delivery
OVERVIEW
This website is operated by Swiss House Shop Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Swiss House Shop Ltd. or 'the Shop'
If you intend to browse in the Swiss House Shop Ltd., please read these Terms and Conditions as well as the Privacy Policy & Legal Notice carefully before using the site. By using the site or any part of it, you agree that you have read these Terms and Conditions, the Privacy Policy and the Legal Notice and that you accept and agree to be bound by them.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following “Terms of Service”, including those additional terms and conditions and policies referenced above and/or available by hyperlink.
Please read these Terms of Service carefully before accessing, using and/or ordering anything from our website. By accessing, using any part of the site and/or ordering any product, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Network Solutions Ltd. and Magebeens is our IT Service Provider, These companies provide us with the online e-commerce platform run on Magento.
TERMS OF SERVICE
These General Terms and Conditions are applicable to all orders placed through the shop powered by Swiss House Shop Ltd. (the "Shop") and to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By agreeing to these Terms of Service, you confirm that
- you are at least the age of majority in your country, state or province of residence
- you are not violating any law in your jurisdiction (including but not limited to copyright laws)
- you will not use our products and/or services for any illegal or unauthorized purpose
The use of this site for minors requires parents or legal representative consent. Ordering is forbidden to minor unless written consent has been provided to us by parents or by the legal representative in advance.
A. GENERAL PROVISIONS
The Shop was conceived by Swiss House Shop Ltd. and all rights, titles and interests in the Shop are the exclusive property of Swiss House Shop Ltd. Copying all or any parts of the Shop is prohibited without the prior permission from Swiss House Shop Ltd.
B. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 1. Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Shop's order form and confirmed the order then this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
Article 2. Order confirmation and conclusion of contract
The Shop contains at all times a commercial offering to sell certain Products, but this shall not be construed as a legally binding permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by us. Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by us. Swiss House Shop reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of Swiss House Shop
Swiss House Shop undertakes, once the order has been accepted, to sell the products set forth on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer. In relation to the above, we undertake to place the Products with the carrier of our choice not later than 10 working days after the order has been accepted. Some 'Pre-Order'- and 'Made-to-Order' product purchases have longer delivery times and will be notified to Customer respectively.
3.2 Obligations of the Customer
The Customer shall clearly indicate the full. and detailed address, as well as phone number to which the Products are to be delivered during business hours. The Customer undertakes to pay the stated price for the delivery (price of the Products plus transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the Products are delivered.
Article 4. Specific Provisions
4.1 Price, Invoice
The total price (the "Price") shown in the Webshop on the order form is definitive. The Price includes: the price of the Products, but not handling costs (if applicable), packaging (if applicable) and transport (if applicable). The Price will be in Hong Kong dollars, any amounts stated in other currencies being only for the purposes of estimating the price in another currency. Payment will only be accepted by PayPal and direct bank transfer, as well as FPS. Once the order has been accepted, the Customer will be charged in Hong Kong dollars. At the express demand of the Customer, the Shop will issue an invoice. The Customer must indicate the address where the invoice is to be sent.
4.1.1 Discounts, Promotions, Prize Competitions
Some products may have discounts, promotions or prize competitions imprinted. Such promotions, competitions and discounts are not applicable to any products purchased from the Shop.
4.2 Transport - Delivery - Delivery Schedule
Unless the Customer has failed to make payment for any reason, the Products will be delivered to the address indicated. The delivery time given to the Customer by Swiss House Shop Ltd. may vary depending on the territory involved. In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the Customer should come to recover the Products at a location specified by Swiss House Shop Ltd. We will not, for any reason, be held liable for any deterioration in the Products due to a Customer's failure to collect the Products in a timely manner.
4.3 Transfer of Risk
The transfer of risk of the Products takes place when Swiss House Shop Ltd. gives the Products to the carrier (delivery associate).
4.4 Qualification upon Receipt - No returns - Limited Rights to Reimbursement / Replacement
The Customer can only make a claim if the Products delivered do not conform with the type or quantity ordered. The claim must be made in writing to the carrier at the time of delivery. A copy must be sent to Swiss House Shop Ltd. by Email (info[at]swisshouse-shop.com) no later than twelve (12) hours after the claim was made. With the claim, the Customer shall supply the carrier's confirmation of the validity of the Customer's claim. No returns of Products will be accepted. If the above procedures are respected, and the claim is proven to be valid due to the packaging and the Products being seriously damaged, Swiss House Shop Ltd. at their choice will either reimburse the Customer the Price or replace the Products at our expense. If the delivery is not in conformity with the quantity ordered, we will reimburse the difference in the price between the Products ordered and those delivered only if those delivered are sold for less than those ordered and paid for. No claim will be accepted with respect to the taste, appearance, size or freshness of the Products.
4.5 Limited Guarantee
The Shop guarantees that the Products are genuine and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the website at the date the order was made. Swiss House Shop Ltd. guarantees that the Products are of good quality. The above is the only warranty given by Swiss House Shop Ltd. No other warranties, whether express or implied, are given. In particular, Swiss House Shop Ltd. does not warrant that the Products correspond to the specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is personally liable for its choice of Products and after delivery is entirely responsible for the conservation, storage, consumption, proper use and disposal of the Products as the case may be. Also, Swiss House Shop Ltd. will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. Swiss House Shop Ltd. is only liable for complying with Hong Kong SAR regulations relating to the Products. In any event, the liability of Swiss House Shop Ltd. is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which the Swiss House Shop Ltd.'s liability may be assessed. For the avoidance of doubt any consequential damages suffered by the Customer are excluded from the liability of Swiss House Shop Ltd.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause. Neither Swiss House Shop Ltd. nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, and interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions of Sale and Delivery are governed exclusively by Hong Kong law. All litigation or disputes between the parties shall be brought only before the competent court in the Hong Kong SAR, People’s Republic of China.