MEA DIGNITA online shop
These general terms and conditions (GTC) only regulate the contractual relationships between Vipster GmbH, Swiss commercial register number CHE-156.352.032, domiciled at Hofbergstrasse 48, 9500 Wil, Switzerland (hereinafter referred to as "seller") and their customers (hereinafter referred to as "customer" or " Buyer ”) for the products offered on the website www.meadiginita.ch under the fashion label MEA DIGNITA ®.
Only the goods of the brand MEA DIGNITA ® sold through the online shop of the website www.meadiginita.ch are covered by the above terms and conditions. The seller's other services mentioned on the same website, such as custom-made products, 3D screening, change service, personal advice and home service, are based on the separate provisions and are therefore not the subject of these terms and conditions.
These terms and conditions exclusively regulate the contractual relationship between the seller and her customers in the above sense. Contradictory or deviating contractual terms and conditions of the customer will not be recognized unless the seller has expressly agreed to them in writing in individual cases.
These provisions apply both to private consumers and to entrepreneurs or companies. A consumer is any natural person who places the order for purposes that cannot be attributed to their commercial or independent professional activity, but to their private needs and which do not exceed normal consumption. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts when placing an order in the exercise of its commercial or independent professional activity.
The seller can add or change the terms and conditions at any time at her own discretion. The respective (approved) version applies at the time of submitting an offer from the customer (see Section 3 Number 1).
To use our offers, the customer undertakes to provide truthful and complete information when registering. If this is not complied with by a customer, the seller expressly reserves the right to refuse a customer's registration or order. Furthermore, the seller assumes no liability for incorrect information provided by the customer via the internet shop at www.meadignita.com.
Otherwise, reference is made to the separate imprint and the separate data protection provisions on the website www.meadignita.com.
§ 2 subject of the contract
The subject of the contract is the clothing items offered and to be bought by the customer via the online shop of the internet platform www.meadignita.com.
The product images shown on the website www.meadignita.com, in particular the colors shown, may differ from the original product for technical reasons.
The photos on www.meadignita.com are for non-binding purposes only for illustrative purposes, they are not a binding offer and no guaranteed properties can be derived from them.
§ 3 conclusion of the contract
When ordering in the online shop (by selecting the "Shop" heading and / or the "Ready-to-wear", "Limited Edition", "All Day comforts" and "Basics" sub-categories), customers can go through the products Click on the product image on the product overview to take a closer look and add it to the shopping cart using the "Add to shopping cart" link. The content of the shopping cart can be viewed at any time by clicking on the "Shopping cart" link in the top right of the online shop's image display (see corresponding image symbol). The selected products that can be viewed in the shopping cart can be ordered by clicking the "Checkout" button: This is how the customer arrives at the checkout. At the checkout, after entering the personal information requested in the input mask, you can use the "Send order" button to pay for your previously selected products or send the order to the seller. With the order, the customer makes a binding offer to conclude a purchase contract.
After ordering the desired products, the customer will receive an order confirmation with the relevant information at the email address provided. This automatically generated order confirmation email does not yet constitute acceptance of the offer, but merely documents that the seller has received the order. The seller can therefore freely decide after this point whether she wants to accept the order or not. The offer is accepted by electronic delivery of a separate order confirmation or (only in Switzerland) by delivery of the goods within 3 days after delivery of the order confirmation.
The ordered product will be sent to the customer after receipt of payment (service after advance payment or credit card or PayPal payment).
The seller is entitled to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, insofar as, for various reasons, it cannot deliver the goods ordered. In this case, the seller will inform the customer immediately about the unavailability of the desired products and reimburse the amounts already paid within 30 days. In this case, the seller reserves the right to offer goods of equal price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.
§ 4 Storage of the contract text
The seller saves the order sent by the customer in the aforementioned manner and the order data entered. These are the personal details such as name, home address or business address and delivery address. The seller sends the customer an e-mail in the above sense with an order and, if necessary, an order confirmation with the most important order data.
§ 5 prices and taxes
All prices stated on the website www.meadignita.com include the statutory value added tax plus shipping costs.
Price changes and price errors are reserved.
The dispatch takes place within Switzerland, the European Union as well as Liechtenstein and Norway. The occurrence of separate customs fees for the customer according to the legal provisions of the EU member states or the country to which the goods are delivered remains reserved and is not included in the price. The respective customs and tax regulations generally apply to shipments outside of Switzerland.
§ 6 terms of payment
The goods must be paid in advance by credit card (VISA, MasterCard, American Express and PostFinance), via Pay Pal or by cash in advance (invoice). If the customer does not pay on time, the goods will be retained; the seller reserves the right to withdraw from the contract as a result of default and the alternative estimate of default interest of 5%.
If you choose the payment method of the provident fund, the seller's bank details are given in the order confirmation.
When paying by PayPal, the customer is directed directly from the order process to the corresponding payment pages and the payment is made immediately.
§ 7 shipping conditions
The dispatch takes place within Switzerland, the European Union as well as Liechtenstein and Norway. Therefore, only orders from buyers from these countries are accepted. Buyers outside of these countries can currently express their wish to buy using the contact form and contact the seller. In this case, the seller will clarify - without corresponding assurances - in individual cases and agree with the customer whether and at what modalities it is possible to sell and dispatch goods outside the usual delivery area.
In any case, the dispatch takes place exclusively after receipt of payment and at the risk of the customer. The dispatch takes place in Switzerland with the Swiss Post, internationally with DHL.
For special shipping instructions, contact the seller at firstname.lastname@example.org.
The risk in the sales item passes with the personal handover of the goods or with the delivery for dispatch to the customer.
§ 8 shipping time
The goods of the "Ready-to-wear", "All day comforts" and "Basics" product lines are dispatched within 7 days of receipt of payment at the latest.
For the goods of the "Limited Edition" product line, the goods are dispatched within 21 days of receipt of payment at the latest. The reason for the longer shipping time is that these goods are only produced in the size ordered by the customer after the contract has been concluded.
If the goods ordered are no longer available or no longer available, the customer will be informed immediately. Partial deliveries are permitted.
§ 9 warranty and liability
Subject to a different written agreement between the parties, the legal provisions of the Swiss sales contract law apply to defects in the purchased goods in accordance with Art. 197 ff. OR. If the goods are shipped to the EU, Norway or Liechtenstein, deviating mandatory statutory provisions are reserved.
The warranty period for defects in the purchased item is a maximum of 1 year for private individuals as well as entrepreneurs or companies.
Defects in the purchased product that arise during the aforementioned warranty period (warranty period) must be reported to the seller immediately after their discovery (timely notice of defects) and for the time being at the expense of the buyer to the seller at their place of business in Switzerland (see § 1 point 1 above ) to send.
After checking the allegedly defective product and after confirming the defectiveness by the seller, the customer is given a) a product of the same type as well as new and defect-free or b) the defect is remedied by the seller. In the event that the delivered goods are actually defective and the customer has asserted his warranty rights in good time, the shipping costs for the return shipment to the seller will be reimbursed.
Any warranty is void if defects in the purchased goods have occurred for the following reasons:
- Damage and functional defects on the products caused by accidents, improper or improper use (cuts, tears, contamination, smells, discolouration, etc.) or by changes, repairs or interventions by people who do not have the necessary and demonstrable professional qualifications, have arisen; in particular, there is no warranty right after the garment has been washed by the customer or has already been worn - apart from a normal fitting;
- Consequences of normal wear and tear or aging of the goods.
Any liability for third party or consequential damage as well as for loss of the purchased product is excluded. The seller is not liable for damage caused by negligence.
The seller is not responsible for the error-free and / or constantly available data communication via the Internet, nor for the error-free and uninterrupted availability of the online shop. It is not liable for technical and / or electronic errors that occur during an order process.
§ 10 right of return
The customer can return the goods received without stating reasons within 14 days by returning the goods to the seller's registered office (see § 1, point 1 above). The period begins when the customer receives the goods.
To meet the deadline, the customer must first notify the return electronically within 14 days of receipt of the goods via the email address email@example.com and by specifying the invoice number. In addition, the return of the goods must also take place within 14 days of receipt of the goods (delivery to broadcasting companies, postmark, crucial for keeping the deadline). The goods to be returned are to be addressed to the following address:
9500 Wil (Switzerland)
The above right of withdrawal / return only applies to private consumers. If the customer is an entrepreneur or a company, there is no right of withdrawal.
If the contract is revoked by the customer (private consumer), the seller will reimburse all payments already made by the customer (excluding the cost of returning the goods) immediately and at the latest within 30 days from the day on which the written notice of revocation and moreover the object of sale returned by the buyer has been received. If the object of sale has already been handed over to the seller before receipt of the cancellation notice, the aforementioned period begins upon receipt of the written cancellation notice. The same method of payment is used for the reimbursement by the seller as for payment by the customer; express written deviations on the part of the seller are reserved. The reimbursement will only take place if the cancellation is made in good time and after the seller has received the products at the aforementioned address.
The customer bears the cost of returning the goods. The customer must pay for any loss in value of the goods if this loss in value is due to improper handling in terms of the nature, properties and functioning of the sales goods. The customer also has to compensate for the deterioration caused by the intended use of the item. Corresponding reimbursement obligations on the part of the customer must be fulfilled within 30 days, the period beginning immediately with the electronic notification of the loss of value to the customer (to the email provided by the customer when ordering).
In the event of an effective return, any use made by the customer must be surrendered.
§ 11 retention of title
Any goods delivered before full payment remains the property of the seller until full payment.
§ 12 data protection
The data that are necessary for the use of the aforementioned platform will be treated confidentially. The seller also protects the interests and privacy of users.
By using the platform, users expressly consent to the data being stored on the Swiss provider of Vipster GmbH in compliance with the applicable data protection regulations. Both inquiries and answers are deposited directly on the server and are only accessible by means of identification. The user expressly agrees to this communication.
The aforementioned platform of Vipster GmbH undertakes to use personal data carefully and exclusively for the purposes indicated. The user agrees that the information provided when using the systems can be viewed and edited by the employees of Vipster GmbH and by the operators of the platform.
For the rest, reference is made to the separate data protection provisions on the internet platform www.meadignita.com, the integral part of which forms the present data protection provisions.
§ 13 copyrights
Vipster GmbH has copyrights to all of the image motifs shown on the aforementioned internet platform about the products to be sold. These works may only be used by third parties with the written consent of Vipster GmbH.
§ 14 final provisions
For all transactions in connection with these terms and conditions, Swiss law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the customer's country of habitual residence, and consequently the mandatory provisions for private consumers, remain unaffected.
The place of jurisdiction for disputes arising from the present contractual relationship - subject to different mandatory places of jurisdiction - is Wil (Switzerland, Canton of St. Gallen).
Should one or more clauses of these terms and conditions be ineffective in whole or in part, this does not affect the validity of the remaining contractual provisions and these parts of the contract remain valid. In this case, the individual ineffective or void provision must be replaced by a new, legally permissible provision that comes as close as possible to the economic effect of the ineffective or void provision. If an ineffective contractual clause is not subsequently corrected, a relevant statutory provision will take its place.