GENERAL TERMS AND CONDITIONS
§ 1 SCOPE OF APPLICATION, CUSTOMER INFORMATION
The following general terms and conditions govern the contractual relationship between Maison Mollerus AG and consumers who purchase goods through our store. The contract language is German. All prices are shown in EUR (Euro). The legal value added tax of 16% is already included (as of 01.01.2021 the value added tax of 19% will apply again).
§ 2 CONCLUSION OF CONTRACT
The presentation of the products in the online store is not a legally binding application, but only represents a non-binding online catalog. If you merely place products in the "shopping cart", this is not considered a binding order. You only place a binding order, for the products contained in the shopping cart, when you click on the "Order" button on the order page. Thereupon, an order confirmation will be sent to you immediately by e-mail.
§ 3 REGISTRATION
You are responsible for the truthful and complete information of your personal data, which is required for the registration. You are obliged to treat the personal access data confidentially and not to make them accessible to any unauthorized third party. Maison Mollerus AG undertakes to treat your data as confidential as well and not to make it accessible to any unauthorized third party. You must refrain from any disturbance of the website or any further use of the accessible data outside of the respective platform-internal intended use. Manipulations with the aim of obtaining unauthorized payments or other advantages to the detriment of us or other members can, 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 terms or to delete or change the content. Here the virtual house right is valid.
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.
§4 STORAGE OPTIONS AND VIEWING THE TEXT OF THE CONTRACT
In addition, you can easily archive the data of your order by waiting for the automatic order confirmation that we will send you by e-mail to the e-mail address you have provided after the order has been completed. This order confirmation e-mail contains the data of your order as well as the general terms and conditions and can be easily printed or saved.
Your order data will be 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 you can, with appropriate registration, view data about your completed, open and recently shipped orders and manage and save your address data, any payment data and any newsletter.
§ 5 ORDERS
Orders will only be placed if they are made through the online store. 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, AMEX), PayPal and purchase on account.
For customers from Europe or other countries we offer the payment methods credit card (Visa, Master, AMEX), PayPal and purchase on account. 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 installment facility (POWERPAY)
MF Group / POWERPAY as an external payment service provider offers the payment method "purchase on account". With the single invoice you can easily pay your online purchase by invoice. If you decide 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. With purchase on account you accept in addition to our terms and conditions, the terms and conditions of POWERPAY.(powerpay.ch/en/agb).
The delivery is made directly by Maison Mollers AG. The following delivery agency will be used for the 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 will send the order registered. The goods that you order and purchase in our online store, we will deliver immediately after we have received your payment.
The delivery time will be extended in case of circumstances due to force majeure. The force majeure is equal to:
strike, lockout, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, e.g. due to fire, water and machine damage and all other hindrances which, when viewed objectively, have not been culpably caused by us. We shall inform you immediately of the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases continues for a period of more than 4 weeks after the originally applicable delivery period, you shall be entitled to withdraw from the contract. Further claims, in particular for damages, do not exist. In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods in the case of mail order purchases shall pass to the consumer or a recipient designated by you upon delivery 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 is not received by us within 14 calendar days after sending the order confirmation, we withdraw from the contract with the consequence that your order is invalid and we are not obliged to deliver. The order is then completed for you and for us without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 14 calendar days.
§ 7 RESERVATION OF TITLE
Until full payment, the goods remain the property of Maison Mollerus AG.
§ 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 store. 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 applies 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 that 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 shall be 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 in order to eliminate equivalence disruptions that arise subsequently or in order to adapt to changes in the legal or technical framework conditions. We shall inform the customer of any amendment, stating 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 CONTRACT PARTNERS
When ordering Maison Mollerus articles, your exclusive contractual partner is Maison Mollerus Ltd.
§ 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 get back to you on receipt of the documents or your input 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 copies of order documents or at least give us your order number, customer number, etc. If you do not receive a response from us within 3 working days, please ask 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 and exchange an item purchased in the online store if it has a material or production defect. A complaint or an exchange cannot take place if the product has been damaged through your own fault. (e.g. burn holes caused by cigarettes, discoloration caused by clothing, etc.).
You have 2 years warranty on your purchased item from the date of purchase. An exchange or return can only be made if we have received the original receipt from you.
Excluded from the warranty are items that were purchased at the sample sale on "2nd choice goods". These articles may be damaged. The warranty claim is not applicable. "2nd choice goods" will be marked accordingly on the receipt.
§ 14 LIMITATION OF LIABILITY
We exclude liability for slightly negligent breaches of duty, unless these relate to essential contractual obligations, damages arising from injury to life, limb 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. The 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.