1. Scope

The General Terms and Conditions for the La Serlas Online Shop (hereinafter referred to as “GTC”) apply to all legal transactions of La Serlas AG (hereinafter referred to as “La Serlas”) that are concluded via the online shop between La Serlas and any orders or purchasers of its goods by a Customer (hereinafter referred to as the “Customer”). 
With consent, these GTC shall be deemed accepted by the Customer. The version valid at the time of the order is decisive. Any general terms and conditions of purchase or other terms and conditions of the Customer are expressly excluded. Via links in the online store, the Customer can download the GTC  and save them to refer to. Deliveries by post are made exclusively to addresses in Switzerland.

 

2. Information on products, prices, costs, availability, and delivery times

Images of products and the product information in the online shop are for illustration purposes only and are not binding. Only the manufacturer’s information (e.g. regarding manufacturer’s warranty) is decisive, insofar as this is applicable in Switzerland. The prices quoted in the online shop do not include applicable value added tax or packaging and transport costs (including insurance premium for transport). La Serlas reserves the right to change prices, products or services featured on the website at any time and without notice provided this is communicated with the Customer unambiguously.  All information about availability and delivery time is provided without guarantee. In any case, La Serlas reserves the right to cancel orders without providing a reason. 

La Serlas’ online presence is exclusively through its website www.laserlas.com. Any other online channel is not an official channel and we advise against making purchases on unauthorized website to avoid the risk of purchasing counterfeit products. 
 

3. Contract conclusion, amendment, or cancellation of the contract

3.1 Contract conclusion
La Serlas generally confirms receipt of the order by automated e-mail within 24 hours, which does not constitute conclusion of a contract. A contract shall only be concluded with the sub-sequent e-mail dispatch confirmation or with the order confirmation for goods by La Serlas (hereinafter referred to as “dispatch/order confirmation”), in each case in particular with the actual delivery possibility as well as the price. 
3.2 Delay in delivery
If a delivery becomes impossible, or timing of such delivery changes, or pricing of such delivery changes after the dispatch/order confirmation the Customer will be informed in a timely manner by e-mail. Only the amount already paid by the Customer will be refunded to the Customer without interest. Further claims of the Customer due to delay in delivery or failure of delivery are excluded (see clause 10). 
3.3 Changing and cancelling orders 
La Serlas accepts subsequent changes or cancellations of the Customer’s orders until delivery of the dispatch/order confirmation subject to reimbursement of charges La Serlas incurred for any bespoke arrangements required for such Customer.  After the dispatch/order confirmation of the actual delivery possibility as well as of the price, the Customer is obliged to accept the products and services. 
3.4 Returns/right of revocation 
The Customer has no general right to return the ordered products. In the case of products which have been custom made, a return/revocation is excluded. For all other products, the Customer may return the product no later than fourteen calendar days of purchase subject to inspection and confirmation by La Serlas that the items have not been worn, damaged, engraved or otherwise altered in any way.  

 

4. Delivery date and default in acceptance

The notification of the delivery date will be sent by e-mail or, if necessary, the Customer will be contacted in person in another suitable manner to agree on an individual delivery date. All delivery dates quoted are approximate times. If the Customer refuses to accept the products or declares that he does not wish to accept the products after a grace period set for him has expired, La Serlas may refuse performance of the contract and claim damages for non-performance. La Serlas is entitled to a minimum of compensation for the actual damage incurred from the purchaser as damages. 

 

5. Delivery

In the case of delivery to the address provided by the Customer, visible differences in quantity must be notified to the freight carrier as soon as possible and within five days upon receipt of the goods, and hidden differences in quantity to La Serlas in writing within five days of receipt of goods. Complaints regarding damaged or defective packaging as well as partially missing goods must be reported as soon as possible or within 5 days of receipt. The delivery address must be an address in Switzerland. 
 

6. Payment and settlement

The exclusive payment method is by credit card (Visa, Mastercard), Six Payment, PayPal,  TWINT, or bank transfer. Payment must be made in advance. The debit takes place upon placement of the order. The delivery takes place only after receipt of payment of the total amount of the ordered products. The Customer is not entitled to offset La Serlas’ claims against counterclaims. 

7. Reservation of title

The product remains the property of La Serlas until full payment has been made. If the validity of this reservation of title depends on special conditions or formal requirements (e.g. entry in a register), the Customer hereby expressly agrees to an application for entry by La Serlas. Furthermore, the Customer undertakes to fulfil the further conditions and formal requirements for the validity of the reservation of title. 

8. Transfer of benefits and risk 

The risk passes to the buyer as soon as the purchased item has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of La Serlas, the risk shall pass to the buyer upon notification of readiness for dispatch. An assumption of transport costs by La Serlas agreed in individual cases has no effect on the transfer of risk. 

9. Guarantee

9.1 Notification of defects and delivery of defective products to La Serlas
The Customer shall inspect the product for obvious defects upon delivery. If the Customer finds an obvious defect after delivery or if the Customer finds a hidden defect later, he must inform La Serlas of the defect in writing within five days of its discovery. The defect found shall be described in sufficient detail. Arrangements for return of the defective product must be agreed between the Customer and La Serlas. Customer Acceptance of the product does not mean that the defect has been acknowledged. The examination of the claimed defect is to be carried out by La Serlas or any third parties identified by La Serlas as most suited for examination of the claimed defect. 
9.2 Legal consequences of defective products 
Subject to the manufacturer’s or supplier’s guarantee provisions, the guarantee shall in any case be limited to rectification of the defective products or delivery of a replacement for the defective product, as chosen by La Serlas. All of the above is subject to the timely notification of defects. Any further guarantee claims of the Customer, in particular cancellation, price reduction and damages, are hereby expressly excluded, to the extent permitted by law. 
9.3 Exclusion of guarantee
The guarantee rights shall no longer apply if, without La Serlas’s prior consent, the Customer or a third party does not follow the operating or maintenance instructions for the products, makes changes, replaces parts or uses consumables that do not correspond with the original specifications. The same applies to defects resulting from improper use, storage and handling of the products, external interventions and the opening of products.Guarantee claims of the Customer may not be assigned to a third party without the prior written consent of La Serlas. La Serlas accepts no liability whatsoever for any loss of data when transferring a data carrier or a product containing a data memory. The Customer himself is responsible for data backups and the protection of his data. 

10. Liability and exclusion of liability

In no event shall La Serlas be liable for (i) slight negligence, (ii) indirect or consequential damages and loss of profit, (iii) unrealised savings, (iv) damages due to delay in delivery, and (v) any acts or omissions by La Serlas’s auxiliaries, whether contractual or non-contractual, regardless of the legal basis on which the claim is asserted. La Serlas is otherwise not liable for damages that are attributable to one of the following causes: (i) improper, non-contractual or unlawful storage, adjustment or use of the products, (ii) use of incompatible spare parts or accessories, (iii) omitted maintenance and/or improper modification or repair of the products by the Customer or a third party, (iv) force majeure, in particular elemental, moisture, fall and impact damage etc., for which La Serlas is not responsible, and official orders, (v) any third party certifications from appropriate third party certifiers. 

 

11. Repairs outside guarantee claims

All costs for remedying defects in products that are not subject to guarantee shall be borne by the Customer. La Serlas reserves the right to charge the Customer for the costs of checking the claimed defect and for shipping costs in the case of products that do not show any detectable defects. 

 

12. Data protection

Reference is made to the Privacy Policy. 

 

13. Final provisions

13.1 Severability clause and right of amendment 

If individual provisions of these GTC are invalid or incomplete or if it is not possible to fulfil them, the validity of the remaining provisions shall not be affected. The contractual parties undertake to replace the ineffective provision by a permissible, valid provision which comes closest to the original intention and the economic purpose pursued thereby in terms of its content. The same applies to any loopholes. La Serlas reserves the right to amend these GTC at any time. The version of the GTC valid at the time of the conclusion of the individual contract shall apply. 
13.2 Applicable law and place of jurisdiction
All legal relationships between La Serlas and the Customer are subject to substantive Swiss law, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. The ordinary courts of Zurich, Switzerland, are exclusively responsible for disputes arising from the legal relationship between the Customer and La Serlas. La Serlas is entitled, however, to assert its rights against the Customer before the competent court in its place of domicile or before any other competent court. 
 
 
 
Zurich, October 2021