General terms and conditions of business
1. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
The general terms and conditions are based on Swiss law and apply both within Switzerland and for deliveries abroad for all business relationships resulting from the online shop (www.molana.ch) as well as for those purchases where Molana these General Terms and Conditions are applicable. These General Terms and Conditions do not apply to purchases made in Molana stores Changes and ancillary agreements are only valid if they are agreed by Molana must be confirmed in writing. // The General Terms and Conditions can be changed by Molana at any time and without prior notice. The General Terms and Conditions published on the online shop's website at the time of the order are decisive for the contractual relationship. // By placing the order, the customer accepts these General Terms and Conditions.
2. OFFER AND CONCLUSION OF CONTRACT
Confirming and sending the order in the online shop represents an offer to AD.M to conclude a purchase contract. Orders via email, fax, etc. cannot be accepted. The customer is bound to his offer for 30 days. Confirmation of the order by Molana does not represent acceptance of the offer. A purchase contract is only concluded when the goods are sent to the delivery company after receipt of payment or with an invoice to the customer. The images, products, information and size descriptions shown in the Molana online shop are non-binding and may differ from the actual items. // Molana reserves the right not to provide a service if individual items are not available. In this case, the unavailability will be indicated by email. // Orders with incorrect information during registration, in particular the email address and postal address, will not be considered. Molana is also entitled to exclude individuals from the possibility of placing an order or to reject an order at any time without giving reasons. There is no obligation to contract. // Molana is entitled to withdraw from the contract at any time for important reasons.
3. PRICES, SHIPPING COSTS AND PAYMENT CONDITIONS
The prices stated in the online shop are non-binding and can be changed at any time. The price is determined at the time of the order. Technical changes, errors and misprints are reserved. // The prices are stated in Swiss francs (CHF) and include statutory VAT. The costs for packaging and postage of CHF 9.50 are free for purchases of CHF 50 or more. If this purchase amount is not reached (before or after any returns), the postage costs are borne by the customer. // Payment is made by credit card (VISA, Mastercard, AMEX), Paypal or Twint.
4. DELIVERY CONDITIONS AND DELIVERY TIME
Delivery takes place after payment of the goods. The customer has no right to reject partial deliveries. // Delivery usually takes place within seven to fifteen working days after receipt of payment. Fixed delivery dates must be expressly confirmed in writing by Molana in order to be valid. Emails meet the requirement of written form.
5. TRANSPORT DAMAGES
Benefit and risk are transferred to the customer when the goods are handed over to the delivery company commissioned by Molana . // The customer must check the goods upon receipt and report any defects in writing. If the package is damaged, the customer must also report this to the delivery company immediately. If the customer fails to report this within 7 days of receiving the goods, the goods are deemed to be free of defects and the delivery is deemed to be approved.
6. WARRANTY
Molana undertakes to exercise due care and generally delivers goods of good quality. // If there are defects in the goods delivered, Molana is entitled to repair them or deliver new ones. If repairs or replacements cannot be made, the customer can demand a change or reduction in price in accordance with the provisions of the Swiss Code of Obligations. // Any refund will always be made using the same method of payment as the payment was made. // The warranty does not cover defects for which Molana is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive use or extreme environmental influences, as well as other comparable causes.
7. RETURN
Molana grants a 14-day right of return from the date of delivery. Returned goods must be sent in the original packaging with the delivery note and the printed return form to the address specified on the form. The customer bears the costs of the return. // Only items that are absolutely undamaged and in perfect, unworn condition will be accepted for return. In particular, worn, dirty, damaged or smelly items cannot be returned. Reduced items and items that are on sale are also excluded. //Defective items as per section 6 can also be returned within 14 days of the date of the purchase/delivery note in the original shipping packaging with the printed return form to the address specified on the form. Goods not recognized as defective by Molana will be returned at the expense of the postage costs incurred plus any expenses incurred.
8. LIABILITY
Any liability beyond the warranty claims mentioned under section 6, except for intent and gross negligence, for all damages resulting from the contract and any consequential damages, is excluded. This limitation of liability also applies to employees, representatives and vicarious agents of Molana.// Molana expressly declares that it has no influence on the design and content of the linked pages for all links contained in the online shop. Molana expressly distances itself from all content of linked third-party pages and does not adopt their content as its own. This declaration applies to all displayed links and the content of the pages to which links lead.
9. RESERVATION OF TITLE
The goods delivered by Molana remain the property of Molana until the entire purchase price (including all surcharges) has been received by Molana . AD.M reserves the right to have a retention of title entered in the retention of title register for the items ordered. The customer undertakes to treat the goods with care as long as they remain the property of Molana .
10. DATA PROTECTION
Molana stores personal data to the extent permitted by law for order processing . This data is processed with the utmost care and in compliance with data protection regulations. Molana reserves the right to use this data to check its accuracy or to check credit. Molana stores personal data exclusively for order processing and for its own advertising purposes. Customers can prohibit the processing of their data for marketing purposes at any time. Corresponding notifications must be sent in writing to the following address, stating full contact details and customer number: Toma Media & Marketing, Grabenackerstrasse 3b, 8552 Felben-Wellhausen.//No data is transmitted to or stored by third parties, except for the payment service providers necessary for validation and any vicarious agents.
11. DISCOUNT CODE NEWSLETTER
The discount code of CHF 10 for the newsletter registration may only be used once per customer. The use of a second email address is not permitted. Molana reserves the right to charge the difference in the event of violations.
12. INTELLECTUAL PROPERTY
All intellectual property rights to the online shop and its content as well as to the goods delivered are owned by Molana or external partners. The use of legally protected intellectual property without express consent is not permitted.
13. SALVATION CLAUSE
Should one or more provisions of these General Terms and Conditions be or become invalid or should these General Terms and Conditions contain gaps, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions or gap, an effective provision shall apply that comes closest to the economic objective intended by the parties.
14. FINAL PROVISIONS
The place of jurisdiction is the registered office of Toma Media & Marketing in Felben-Wellhausen, TG. Molana also has the right to appeal to the court at the customer's registered office. Swiss law is exclusively applicable. The parties are obliged to settle any disputes arising from the implementation of this contract amicably.
15. DATA PROTECTION
Molana aka Toma Media & Marketing undertakes to process your customer data with the utmost care and to comply with data protection regulations. Your data will be treated as strictly confidential and only passed on to third parties for the purpose of processing your order. Molana may use your data to maintain customer relationships and to develop, design and submit offers and articles in line with your needs. As a customer, you can prohibit the processing of your data for marketing purposes at any time. A corresponding notification can be sent in writing to the following address, stating your full contact details and customer number: support@ m olana .ch