TERMS AND CONDITIONS
This website www.inakess.com (hereinafter the «Webshop») is published by INA KESS Ltd., a company incorporated in Switzerland with a share capital of 100'000 CHF, registered in the Swiss Trade Register under number CHE-270.766.060, having its registered office located at Brandschenkestrasse 96, CH-8002 Zurich, Switzerland.
1) SCOPE OF APPLICATION
1.1 These Terms and Conditions of the company INA KESS AG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer (hereinafter referred to as "Customer") and the Seller relating to all goods and/or services (hereinafter referred to as „Products“) presented in the Webshop. The inclusion of the Customer's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless explicitly regulated otherwise.
1.3 A Customer pursuant to these Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 The Seller reserves the right to modify these Terms and Conditions from time to time without prior notice. The Terms and Conditions in force at the time the contract is concluded, i.e. the date when the Seller confirms Customer’s order, shall apply.
2) CONCLUSION OF THE CONTRACT
2.1 The Product descriptions in the Webshop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer. The main characteristics of Products are shown in the Webshop on each Product page but may not exactly correspond to the real Products in terms of image and colours due to the internet browser or monitor used.
2.2 The Customer may submit the offer via the online order form integrated into the Webshop. In doing so, after having placed the selected Products in the virtual shopping cart and passed through the ordering process, and by clicking the button finalizing the order process, the Customer submits a legally binding offer of contract with regard to the Products contained in the shopping cart plus any additional charges which may apply. The Customer may also submit his offer to the Seller by telephone or email.2.3 The Seller does not issue acceptances of orders but only confirms the entry of the Customer’s order. The Seller’s actual delivery shall constitute the Seller’s acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of
2.3 The Seller does not issue acceptances of orders but only confirms the entry of the Customer’s order. The Seller’s actual delivery shall constitute the Seller’s acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the Customer, i.e. also if the Seller debits Customer’s credit card account indicated by the Customer. 2.4 Should the Seller not accept the Customer's offer, this shall be deemed as rejecting the offer with the effect that the Customer is no longer bound by his statement of intent.
2.4 Should the Seller not accept the Customer's offer, this shall be deemed as rejecting the offer with the effect that the Customer is no longer bound by his statement of intent. In this case the Seller refunds received advance payments to the Customer.
2.5 The Seller reserves the right to refuse Customer’s offer and not to deliver the ordered Products if they are not available from the Seller’s suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the Webshop shall by no means be legally binding; only the Product manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to the Seller shall be relevant. If the Seller cannot deliver the ordered Products to the Customer in accordance with Customer’s order (price and Product specifications) the Seller refunds received advance payments to the Customer.
2.6 In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Customer in writing (for example via email, fax or letter) after the Customer has submitted his order. In addition, the contract's content will be stored on the Webshop and can be found by the Customer via the password-protected Customer account by entering the respective login information, provided that the Customer has created a Customer account in the Webshop prior to submitting his order.
2.7 The Customer can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding offer via the Seller's online order form. In addition, prior to submitting a binding offer, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.8 Order processing and contacting usually takes place via email and automated order processing. It is the Customer's responsibility to ensure that the email address he provides for the order processing is accurate so that emails sent by the Seller can be received at this address. Particularly, it is the Customer’s responsibility, if SPAM filters are used, to ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) RIGHT TO CANCEL
3.1 The Seller shall be entitled to cancel or not to carry out respectively confirmed orders at any time, especially if the Seller’s suppliers do not supply Products to the Seller.
3.2 Modifications of the order or cancellations required by the Customer are only valid if confirmed by the Seller in writing. Costs already incurred to the Seller may be charged to the Customer.
4) PRICES AND PAYMENT CONDITIONS
4.1 Prices payable by Customers are only binding in Swiss Francs and in effect at the time of acceptance of the order by the Seller. Prices are subject to change without prior notice. The Customer acknowledges that the prices in currencies other than Swiss Francs are indications only and subject to change.
4.2 Prices indicated in the Webshop are including Swiss Value Added Tax if applicable.
For shipping destinations within Switzerland, all product prices indicated in the Webshop are including shipping charges.
For shipping destinations outside of Switzerland the Seller displays applicable shipping charges clearly on the relevant sections of the Webshop. These orders that are designated for shipment to countries other than Switzerland may be subject to taxes, customs duties and fees levied by the destination country. The recipient of the shipment is the importer of record in the destination country and is responsible for all import fees.
4.3 Payment can be made using one of the methods mentioned in the Webshop.
4.4 The Seller will charge credit or debit cards upon placement of the order and reserves the right to verify credit or debit card payments prior to accepting an order. In case of default in payment, the Seller shall be entitled to suspend all, or parts of, further deliveries to the Customer without further notice until payment has been received or secured.
4.5 When choosing the payment method "PayPal", the handling of payments is done via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things, that the Customer opens a PayPal account or he already has such an account.
5) SHIPMENT AND DELIVERY CONDITIONS
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller's order processing is decisive. 5.2 Delivery methods and expected delivery time of Products may differ per country. The Seller reserves the right to change the carrier at any time without notice. The Seller does not accept liability for any failure to deliver within estimated delivery time. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by the Seller in writing, the Customer may set a period of grace of at least three weeks. After expiry of
5.2 Delivery methods and expected delivery time of Products may differ per country. The Seller reserves the right to change the carrier at any time without notice. The Seller does not accept liability for any failure to deliver within estimated delivery time. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by the Seller in writing, the Customer may set a period of grace of at least three weeks. After expiry of grace period, the Customer may withdraw from the respective order. Further claims are excluded.
5.3 The Seller shall be entitled to partial deliveries, and the Customer accepts partial deliveries.
5.4 No warranty is being given for all technical data and information regarding the scope of delivery, i.e. the Seller shall not be liable for any damage which might arise because of deviations thereof.
5.5 Should the assigned transport company return the goods to the Seller, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Customer's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Customer about the service for a reasonable time in advance.
6) RESERVATION OF PROPRIETARY RIGHTS
The Seller will only dispatch Products once the purchase price owed has been paid in full by the Customer and received by the Seller. Title of ownership to the delivered goods will pass to the Customer upon dispatch by the Seller.
7) RIGHT OF WITHDRAWAL
7.1 Customer may cancel a contract and return any delivered Product to the Seller for any reason, provided that Customer has returned the items within 14 days of receipt of Products.
7.2 To initiate the return process, Customer must follow the process as described on the returns section of the Webshop. In particular the Customer has to return the Products to the following address:
INA KESS Ltd.
7.3 The Product must be returned to the Seller in its original condition, meaning undamaged, clean with no visible signs of use, in the original packaging and with all the tags attached. Returns that do not meet our policy will not be accepted and will be charged up to 100% of the Product price.
7.4 The return has to be organized and paid by the Customer. Outside Switzerland, customs duties and sales taxes are non-refundable through the Seller. However, the Customer may be able to recover these by contacting their local customs bureau directly. As this may not be available for all countries, the Seller recommends to hire a customs broker if the Customer wishes to claim back duties on returned merchandise.
7.5 The Seller cannot accept responsibility for packages that are not shipped by the Seller. The Seller does not take responsibility for losses of or damages to returned Products during transit. Usage of a trackable, insured system to return any Products is strongly recommended. Customer is recommended to keep the tracking details for their records.
7.6 Once Customer states the wish to cancel the contract through returning one or more Products and it is accepted by the Seller, the Product price debited to the Seller will be refunded after the receipt of the returned Product(s).
8) LIMITATION OF LIABILITY
The Seller shall only be liable for direct damages and only if the Customer can prove that the Seller, its auxiliaries or third parties instructed by the Seller have acted with gross negligence or with unlawful intent. In any event, the Seller’s liability shall be limited to the (purchase) prices of the Products in question.
Further liability for damages of any kind of the Seller, its auxiliaries or third parties instructed by the Seller shall be excluded. In particular, Customer shall not be entitled to claim compensation for damages not caused to the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.
If there are defects in the purchased Products, the Seller abides by all statutory guarantee regulations. If the Customer has a complaint regarding obvious material or manufacturing faults in Products that the Seller has supplied, including damage incurred in transit, the Customer should contact the Seller immediately at firstname.lastname@example.org.
10) REDEMPTION OF CAMPAIGN VOUCHERS
10.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Customer (hereinafter "Vouchers") can only be redeemed in the Webshop and only within the indicated time period.
10.2 Individual Products may be excluded from the Voucher campaign, if such a restriction results from the conditions of the Voucher.
10.3 Vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
10.4 In case of an order, several Vouchers can be redeemed.
10.5 The Product value should meet at least the amount of the Voucher. The Seller will not refund remaining assets.
10.6 If the value of the Voucher is not enough for the order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.
10.7 The Voucher credit will not be redeemed in cash and is not subject to any interest.
10.8 The Voucher will not be redeemed, if the Customer, in the context of his legal right to cancel, returns Products paid fully or partially by a Voucher.
10.9 The Voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the Voucher in the Webshop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
11) REDEMPTION OF GIFT CARD
11.1 Gift cards which can be purchased via the Webshop (hereinafter "Gift Cards") can only be redeemed in the Webshop.
11.2 Gift Cards and remaining assets of Gift Cards can be redeemed by the end of the third year following the year of the Gift Card purchase. Remaining assets will be credited to the Customer's Gift Card account.
11.3 Gift Cards can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
11.4 Gift Cards can only be used for the purchase of Products and not for the purchase of other Gift Cards.
11.5 If the value of the Gift Card is not enough for the order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.
11.6 The Gift Card credit will not be redeemed in cash and is not subject to any interest.
11.7 The Gift Card is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the Gift Card in the Webshop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
12) APPLICABLE LAW AND JURISDICTION:
Contractual relations covered by these Terms and Conditions between the Seller and Consumers shall be governed under local law of country of residence of Consumers. The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be the the place of residence of the Seller.
13) DATA PROTECTION
14) CLOSING PROVISIONS
Should any of the provisions in the Terms and Conditions be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.