Terms of service
SCOPE AND INFORMATION ABOUT THE SELLER
The present ’Terms and Conditions’ (hereinafter referred to as ’TC’) govern the rights and obligations between Benci Brothers AG (hereinafter referred to as ’Benci Brothers’) and its customers purchasing products (hereafter referred to as 'Products') sold via this website (hereafter referred to as'Site').
Benci Brothers reserves the right to modify these TC from time to time. The TC in force at the time the contract is concluded, i.e. the date when Benci Brothers confirms customer’s order, shall apply.
CONCLUSION OF CONTRACT
The display of the Products and the indications of prices on the Site do not constitute legally binding offers but are only invitations to customer to submit a binding offer.
Benci Brothers does not issue acceptances of orders but only confirms the entry of the customer’s order. Benci Brothers’ actual delivery shall constitute Benci Brothers’ acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the customer, i.e. also if Benci Brothers debits customer’s credit card account indicated by the customer.
Benci Brothers reserves the right to refuse customer’s offer and not to deliver the ordered Products if they are not available from Benci Brothers’ suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the web shop shall by no means be legally binding. If Benci Brothers cannot deliver the ordered Products to the customer in accordance with customer’s order (price and Product specifications) Benci Brothers refunds received advance payments to the customer.
Unless explicitly stipulated in writing by Benci Brothers, the delivery dates shall only be non-binding reference points even though they are given to the best of Benci Brothers’ knowledge. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by Benci Brothers in writing, the customer may set a period of grace of at least three weeks. After expiry of grace period, the customer may withdraw from the respective order. Further claims are excluded.
Benci Brothers shall be entitled to cancel or not to carry out respectively confirmed orders at any time. The customer acknowledges in particular that the Product’s sales prices are subject to change, e.g. that prices may be increased between the date of an order and the date of delivery by Benci Brothers in which case the customer may refuse the delivery of such Products. In such instances, Benci Brothers shall repay the purchase price, if paid (also in cases where customer’s credit card account, indicated by the customer, has been debited), for the Products which have not been delivered; further claims are excluded.
Modifications of the order or cancellations required by the customer are only valid if confirmed by Benci Brothers in writing. Costs already incurred to Benci Brothers may be charged to the customer.
Benci Brothers shall be entitled to partial deliveries, and the customer accepts partial deliveries.
No warranty is being given for all technical data and information regarding the scope of delivery, i.e. Benci Brothers shall not be liable for any damage which might arise because of deviations thereof.
PRICE AND TERMS OF PAYMENT
Prices payable by customer are those in the indicated currency and in effect at the time of acceptance of the order by Benci Brothers. Prices indicated on the webshop are including Value Added Tax for Switzerland and EU, excluding shipping charges and (only where applicable) import duties.
PAYMENT AND DELIVERY
Benci Brothers will charge credit or debit cards upon dispatch of the Products ordered. Benci Brothers reserves the right to verify credit or debit card payments prior to acceptance. Methods of payment accepted by us can be found on the Site.
In case of default in payment, Benci Brothers shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.
Delivery methods and expected delivery time of Products may differ per country and are clearly indicated on the Site.
Any Order is subject to acceptance by Benci Brothers. Benci Brothers may at its own discretion refuse to accept or may cancel any Order, whether or not the Order has been confirmed, without providing any reasons and with no liability to Customer or any third party. If your credit card has already been charged for a confirmed Order, which is later cancelled, Benci Brothers will issue you a refund of the Down-Payment.
RISK AND RETENTION OF TITLE
Benci Brothers will only dispatch Products once payment in full has been received. Title to the Products will pass to Customer upon dispatch by Benci Brothers.
WARRANTY
The warranty period applies to footwear less than one year old from date of dispatch. Benci Brothers’ warranty program does not cover defects due to improper fit, normal wear and tear, damage due to misuse, alteration to the product, or negligence. All warranty claims are evaluated on a case by case basis and approved cases will qualify for a replacement pair free of charge. All further or other warranty claims are hereby expressly excluded.
LIMITATION OF LIABILITY
Benci Brothers shall only be liable for direct damages and only if the customer can prove that Benci Brothers, its auxiliaries or third parties instructed by Benci Brothers have acted with gross negligence or with unlawful intent. In any event, Benci Brothers’ liability shall be limited to the (purchase) prices of the delivery/service in question.
Further liability for damages of any kind of Benci Brothers, its auxiliaries or third parties instructed by Benci Brothers shall be excluded. In particular, Customer shall not be entitled to claim compensation for damages not caused to the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.
APPLICABLE LAW AND JURISDICTION
Contractual relations covered by these TC between Benci Brothers and Consumers shall be governed by Swiss law to the exclusion of international treaties, particularly the United Nations’ Convention on Contracts for the International Sale of Goods of 11 April 1980 (the Vienna Convention). The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be the one of Zurich, Switzerland. Benci Brothers shall be entitled to alternatively sue the customer at the general court of jurisdiction at his/her domicile.
DATA PROTECTION
Benci Brothers complies with all data protection laws and will use data which could identify Customer only as set out in Privacy Statement.
CLOSING PROVISIONS
Should any of the provisions in the TC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.