§ 1 Scope of application, customer information
The following general terms and conditions govern the contractual relationship between Maison Mollerus AG and the consumers who purchase goods via our shop. The contractual language is German. All prices are shown in CHF (Swiss francs). The statutory value added tax of 7.7% is already included.
§ 2 CONCLUSION OF CONTRACT
The presentation of the products in the online shop is not a legally binding offer, but only represents a non-binding online catalogue. If you merely place products in the "shopping basket", this does not constitute a binding order. You do not place a binding order, for the products contained in the shopping basket, until you click on the "Order" button on the order page. An order confirmation will then be sent to you immediately by e-mail.
§ 3 REGISTRATION
You are responsible for the truthful and complete provision of your personal data, which is required for registration. You are obliged to treat the personal access data confidentially and not to make them accessible to any unauthorised third party. Maison Mollerus SA undertakes to treat your data as confidential and not to make it available to unauthorised third parties. You must refrain from any disruption of the website or any further use of the accessible data outside the use intended by the platform in each case. Manipulations with the aim of obtaining unauthorised payments or other advantages to the detriment of us or other members may, in addition to legal consequences, lead in particular to the loss of access.
The membership entitles to the use of the online offer in the respective availability as well as to the sole use of the contents for own private, non-commercial purposes. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple registrations and to warn or terminate members who violate the regulations or to delete or change the content. Virtual domiciliary rights apply here.
We are not obliged to accept the registration or the order of a registered customer and to keep our offer permanently available. Orders already confirmed by us remain unaffected by this.
§4 STORAGE OPTIONS AND ACCESS TO THE TEXT OF THE CONTRACT
In addition, you can easily archive the data of your order by waiting for the automatic order confirmation which we will send to you by e-mail to the e-mail address you have given us after you have completed your order. This order confirmation e-mail contains the data of your order as well as the general terms and conditions and can be easily printed out or saved.
Your order data is stored by us, but cannot be called up directly by you for security reasons. We offer a password-protected direct access for each customer. Here, with the appropriate registration, you can view data on your completed, open and recently dispatched orders and manage and save your address data, any payment data and any newsletter.
§ 5 ORDERS
Orders will only be placed if they are placed via the online shop. Orders placed by e-mail or by telephone will not be processed by us.
§ 6 PAYMENT AND DELIVERY
Orders are payable immediately. As means of payment we offer our customers the payment methods prepayment and credit card (Visa, Master), PayPal and purchase on account.
For customers from Europe or other countries we offer the payment methods credit card (Visa, Master) and PayPal and prepayment. We reserve the right not to offer certain payment methods for individual delivery countries and to refer to our other payment methods. You agree that you will receive the invoice exclusively by e-mail. In case of purchase by credit card, your account will be charged upon completion of the order.
We accept payments from all over the world.
Purchase on account with instalment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our GTC. (powerpay.ch/en/agb).
Delivery is made directly from Maison Mollers AG. The following delivery agencies are used for delivery: Swiss Post and UPS United Parcel Service of America, Inc. The delivery costs will be paid by Maison Mollerus SA. We have the possibility to track the shipment as we send the order registered. The goods that you order and purchase in our online shop will be delivered immediately after payment has been received.
The delivery time will be extended in case of circumstances due to force majeure. Equal to force majeure are:
Strike, lockout, official interventions, shortage of energy and raw materials, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, e.g. through fire, water and machine damage and all other hindrances which, when viewed objectively, have not been culpably caused by us. We will inform you immediately of the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery period, you shall be entitled to withdraw from the contract. There shall be no further claims, in particular for damages. In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods in the case of sale by dispatch shall pass to the consumer or a recipient designated by you upon handover of the goods. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a mail order purchase upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.
If your payment has not been received by us within 14 calendar days after sending the order confirmation, we will withdraw from the contract with the consequence that your order will lapse and we will not be obliged to deliver. The order is then completed for you and for us without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 14 calendar days.
§ 7 RESERVATION OF TITLE
The goods remain the property of Maison Mollerus AG until payment has been made in full.
§ 8 GIFT VOUCHERS
We generally offer gift vouchers. Gift vouchers are vouchers that you can purchase. Gift vouchers can either be redeemed directly in our flagship store in Erlenbach ZH (Switzerland) or in our online shop. The balance of a gift voucher is neither paid out in cash nor does it earn interest.
§ 9 APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss law shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply insofar as the protection granted is not drawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§ 10 AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
We are entitled to unilaterally amend these General Terms and Conditions, insofar as they have been introduced into the contractual relationship with the customer, insofar as this is necessary to eliminate equivalence problems that arise subsequently or to adapt to changed legal or technical framework conditions. We shall inform the customer of any amendment and of the content of the amended provisions. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.
§ 11 CONTRACTUAL PARTNERS
When ordering Maison Mollerus articles, your exclusive contractual partner is Maison Mollerus AG.
§ 12 WARRANTY AND COMPLAINT MANAGEMENT
The statutory warranty regulations apply. We attach great importance to customer satisfaction. You can contact us at any time using one of the specified contact channels. We will make every effort to examine your concerns as quickly as possible and will contact you as soon as we have received the documents or your submission or complaint. However, please give us some time, as warranty cases often require the involvement of the manufacturer. In the case of complaints, you will help us if you describe the problem or defect as precisely as possible and, if necessary, send us a copy of the order documents or at least state the order number, customer number, etc. If you have any questions, please contact us within 3 working days. If you do not receive a response from us within 3 working days, please contact us.
If you have any service questions, please contact us at the following address:
Maison Mollerus AG
8703 Erlenbach ZH
Tel: +41 (0) 44 829 28 67
Fax: +41 (0) 44 829 28 66
You can reach us Monday to Thursday from 09:00 - 17:30, on Friday from 09:00 - 17:00.
§ 13 COMPLAINTS AND WARRANTY
You have the right to complain about and exchange an item that you have purchased in the online shop if it has a material or production defect. A complaint or exchange cannot take place if the product has been damaged through your own fault. (e.g. burn holes caused by cigarettes, discolouration caused by clothing, etc.).
You have a 2-year guarantee on your purchased item from the time of purchase. An exchange or return can only be made if we have received the original receipt from you.
Excluded from the guarantee are items which were purchased at the sample sale on "2nd choice goods". These items may be damaged. The warranty claim is void. "2nd choice goods" will be marked accordingly on the receipt.
§ 14 RIGHT OF RETURN
Maison Mollerus AG grants a voluntary right of return for a total of 14 days for all purchases of our articles made at www.mollerus.com, by order form or in our flagship store. Purchases on reduced goods are excluded. After this period, you can withdraw from the contract by returning the goods to us or having them collected by the post office via Pick@Home within 14 days of receipt of the goods (period begins on the day of receipt of the goods). Timely dispatch is sufficient to meet the deadline. However, a prerequisite for exercising the right of return is that you return the goods unused, complete and undamaged. Furthermore, we request that you return the goods to us in the original packaging. The right of return does not apply to the purchase of gift vouchers.
Please complete the returns process via our website using your personal email address and order number. Fill in the returns form.
Refunds will always be made to the account you used for payment. Please ensure that you have access to the bank account specified, as Maison Mollerus Ltd. accepts no liability for this. If you have paid in advance, the return transfer will be instructed to the account from which the transfer was made. If you have paid by PayPal or credit cards, the refund will be made to the associated PayPal or credit card account.
§ 15 LIMITATION OF LIABILITY
We exclude liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual duties, damages from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 16 CHANGES AND ERRORS
Even with all due care, we may make a mistake. Maison Mollerus Ltd. reserves the right to revoke the order or to check the correctness of the presentation without giving reasons in the event of errors, changes and printing & presentation errors in the price or product description or in the event of delivery difficulties of your goods.