Terms of service

GTC

§ 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 CHF (Swiss Francs) and include the statutory value added tax of 7.7%.

§ 2 CONCLUSION OF CONTRACT

The presentation of the products in the online store is not a legally binding application, but is only a non-binding online catalog. If you merely place products in the "shopping cart", this does not constitute 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, which we will send to you by e-mail to the e-mail address provided by you 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 is stored by us, but for security reasons it cannot be called up directly by you. We offer a password-protected direct access for each customer. Here you can view data about your completed, open and recently shipped orders and manage and save your address data, possible payment data and a possible 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), 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 by e-mail only. In case of purchase by credit card, your account will be debited upon completion of the order.

We accept payments from all over the world.

Purchase on account with installment facility (POWERPAY)

We offer you the possibility to pay for the goods and services ordered from us by means of "purchase on account" from POWERPAY. This is a third-party service, whereby the following terms and conditions apply for deliveries to Austria and the following terms and conditions apply for deliveries to Germany. Furthermore, we refer to the existing data protection provisions and the cancellation policy in connection with "POWERPAY purchase on account".

When concluding the order by means of "purchase on account", POWERPAY shall take over the processing of the invoice claim that has arisen and shall handle the corresponding payment modalities. You will receive the single invoice free of charge by e-mail. With the single invoice you can easily settle your online purchase by invoice.
Thank you very much.

Delivery will be made directly from Maison Mollers AG using the following delivery agencies: 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. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer or to 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 have no obligation 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. In order for us to accept gift vouchers as a means of payment, you must send the voucher by mail to the following address (it will then be deducted from your invoice):

Maison Mollerus AG
Seestrasse 74
8703 Erlenbach

Otherwise you can redeem your gift voucher directly in Erlenbach. 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 that cannot be attributed to the professional or commercial activity of the beneficiary (contract with consumers), this choice of law shall only apply insofar as the protection granted is not drawn by mandatory provisions of the law of the country 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 to eliminate equivalence disruptions that arise subsequently or 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 investigate your concerns as quickly as possible and will contact you as soon as we receive 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
Seestrasse 74/78
8703 Erlenbach ZH
Switzerland

Tel: +41 (0) 44 829 28 67
Fax: +41 (0) 44 829 28 66

E-mail:info@mollerus.com

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 purchased at theBlack Friday special sale and sample sale on "2nd choice merchandise". These items may be damaged. The warranty claim is not applicable. "2nd choice merchandise" will be marked accordingly on the receipt.

§ 14 RIGHT OF RETURN

For all purchases of our articles made at www.mollerus.com, by order form or in our flagship store, Maison Mollerus AG grants a voluntary right of return for a total of 10 days. Excluded are purchases on reduced goods. Thereafter, you can withdraw from the contract by returning the goods to us within 10 days of receipt of the goods (the period begins on the day after receipt of the goods). The timely dispatch is sufficient to meet the deadline. A prerequisite for exercising the right of return is, however, that you return the goods unused, complete and undamaged. In addition, we ask that the goods be returned to us in the original packaging. The right of return does not apply to the purchase of gift vouchers.

Please send the goods to the following address:

Maison Mollerus AG
Seestrasse 74/78
8703 Erlenbach ZH
Switzerland.

Refunds will always be made to the account you used for payment. Please make sure that you have access to the specified bank account, as Maison Mollerus Ltd. assumes no liability for this. If you have paid in advance, the refund 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, 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.

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