General Terms and Conditions
Version 1.1 27 February 2017
www.ecochair.ch is a site operated by Kathleen Bottriell (“we”, “us” and “our” in these terms and conditions as well as throughout the site). We are registered in Switzerland (Company No 138256) and our registered office is Picassoplatz 4, Basel, Basel-Stadt 4051. This is the trading address for our online shop and any queries or enquiries should be addressed to “Online Sales” at the above address. Alternatively, you may e-mail email@example.com or call +41 76 483 61 92.
We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By registering for an account on www.ecochair.ch you are deemed to have accepted these terms and conditions. Please read and familiarise yourself with them.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.1. Customers
By registering as a user on our site, you warrant that you are legally capable of entering into binding contracts. If you are under 18, you may use www.ecochair.ch only with involvement of a parent or guardian.
If you register an account with www.ecochair.ch, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
2. Our contract with Buyers
After placing an order for an item offered for sale using www.ecochair.ch, including payment in full for the item, you will receive an e-mail from us acknowledging that we have received your offer to buy an item. All offers are subject to acceptance by us, and we will confirm such acceptance by sending you an e-mail that confirms that the product(s) has/have been allocated a delivery time (the “Delivery Confirmation”). The contract between you and us (the “Contract” or the “Purchase”) is only formed when we send you the Delivery Confirmation.
We will not accept orders for deliveries from addresses outside of the following postal codes: 4051, 4052, 4053, 4054, 4055, 4056, 5057, 4058, 4059, 4123, 4102, 4125, 4142, 4127, 4132
The Contract will relate only to those products whose despatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other products which may have been part of your offer.
If we decide not to accept all or part of your order, we will not be obliged to supply any (other) products which may have been part of your order and will instead arrange a full refund for that element of your order.
3. Representation of products
echochair.ch shall in its sole discretion, approve, reject, or revoke acceptance of any of the offers for items submitted for sale at any time. We have the right to make changes to the description of the item in all respects. The Seller will provide photos of the items that will be displayed on ecochair.ch. We have the right to edit or enhance such photos, with a background removal service or otherwise, in our sole discretion. Seller grants ecochair.ch the right to use such photos for the purpose of marketing the items on the Site.
We reserve the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before a Buyer places an offer to purchase an item. Please note product shades and shapes may vary. All measurements are approximate. We reserve the right to withdraw any item from sale without notice.
4. Consumer Rights
If you have placed an offer for an item for sale using www.ecochair.ch, and we have not yet confirmed that we will buy the item, you may cancel at any time by logging in to the website and navigating to ‘My Account’ and selecting the option to delete the offer.
If you locate an alternative buyer for the Item through another channel (an “Alternative Buyer”) while the Item is posted on ecochair.ch, prior to completing any sale with such Alternative Buyer, you must immediately update the Site to indicate the Item is no longer available (by logging in to the website and navigating to ‘My Account’ and selecting the option to delete the offer). If we identify a Buyer for your Item on ecochair.ch prior to removal from the Site, the Seller agrees to honour the sale on the Site and notify the Alternative Buyer that the Item was already sold to another customer. If Seller cannot comply with the preceding sentence, or otherwise refuses to tender the Item to ecochair.ch (or ecochair.ch’s agent), as applicable, we may assess, and Seller agrees to pay, a Cancellation Fee.
If you have entered into a contract with us to buy an item (your offer has been accepted and you have been allocated a delivery time), you may cancel a Contract at any time within 10 working days after the offer has been confirmed (“Purchased”). It is not possible to cancel a confirmed offer on ecochair.ch; you must inform us in writing of your intention to cancel a contract, by sending a message to firstname.lastname@example.org.
5. Returns Policy and Right of Withdrawal
Within 30 days of the delivery date, Buyers may withdraw from the Purchase (every 24-hour period after the Delivery the item is delivered to the buyer). If the Item has not yet been delivered, a request to withdraw from the purchase must be made in writing by sending an email a message to email@example.com, and we will refund the full purchase price to you. If the item has already been delivered to you, you must notify us in writing of your intention to withdraw from the Purchase by sending an email message to firstname.lastname@example.org and must return the item in the condition it was delivered to you, within 30 days of the original delivery date, in order for us to refund the full purchase price.
Any requests by Buyers to return Items outside of the cases described above will be considered on a case by case basis and at our sole discretion.
6. Refund Policy
Buyers may request, in the circumstances set out below, a refund for Items Purchased. In the case where a refund is granted in the cases set out below, Buyers are not required to return the Item to us.
A Buyer may, within 7 days of receipt of your order (every 24-hour period after the Item is delivered to the Buyer), request a refund because you are claiming that the item is damaged or defective we reserve the right to require evidence that the good(s) arrived in a damaged condition. We will evaluate the request at our discretion, and if accepted, you will receive a refund of the price paid for the products, including the delivery charges.
A Buyer may, within 7 days of receipt of your order, request a refund because you are claiming a major flaw that affects the performance of the item was not disclosed at the time of the order. We will evaluate the request at our discretion, and if accepted, you will receive a refund of the price paid for the products, including the delivery charges.
We sell previously used products, and provide a rating on our website to help you determine the condition of the goods. However, this rating system is approximate and we will not be held responsible for variability in how the condition of the items are classified in the rating system. Refunds will not be issued on the basis of a Buyer disagreeing with the rating of the condition of the item.
If a Buyer requests a refund within the period mentioned above, and we accept the request, we will process the refund due to you as soon as possible and, in any case, within 30 days (every 24-hour period after the request is received by us), of receiving the request.
7. Prices and Payment
Buyers must make full payment for the Item at the time of the Contract. We currently offer debit card, credit card and bank transfer, which are managed through third party provides Stripe, PayPal and Sofort.
In the event of non-authorisation of payment by your card issuer you will receive an on screen notification and your order will not be processed. We cannot accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. (See our Security Policy below)
The total cost of the Buyers order includes the cost of the Items ordered and delivery charges.
By completing the process for an on-line order you are confirming that the credit/debit card/bank account being used for the transaction(s) is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Deliveries apply where registered www.ecochair.ch users have made an offer to buy an item from us (Buyers), and the order has been accepted. Delivery will be by us or the courier under our instruction on the date and during the time window you selected during the offer process, which has been confirmed through the Delivery Confirmation email.
It is your responsibility to ensure that we or the courier under our instruction has access to deliver the item(s) at the address indicated during the offer process, during the time window you selected. If you or your nominated representative are not present and we or the courier under our instruction is not able to deliver the item, this will constitute a breach in contact. In such a case, you will be responsible for paying the costs of the delivery, regardless of whether the item is delivered. Where possible, we will contact you to arrange delivery at another time, which will be subject to an additional delivery charge. If delivery at another time is not possible, a refund for the price of the item will made, less a 15% handling fee (calculated on the price of the item) and less the delivery charge. We may at our discretion advise the courier to leave the item(s) outside the address, if access is not possible. In such a case we bear no responsibility for damage to or theft of items.
Delivery charges will be dependent on the dimensions of the item(s) offered. A single price will be displayed in the product description, which includes the cost of the item and delivery charges. Information about the details of the delivery charges included in the price will be available on the final review of order page, prior to purchase.
9. Risk and title
We take title of the Item at the point where we or a courier under our instruction picks up an item from a Seller, as per the Pick-up Confirmation.
We transfer the title of the Item to Buyers at the point where we or a courier under our instruction delivers an item to you, as per the Delivery Confirmation.
We take no liability for risk from the item when they are in your physical possession, after a Pick-up Confirmation has been issued but prior to pick-up.
The item will be at your risk from the time of delivery to you.
10. Intellectual property
No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of any information, designs and other material shown on or connected with our website in which intellectual property rights subsist.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with Swiss Law and all parties shall submit to the exclusive jurisdiction of the Swiss Courts. If you have any queries or complaints, please contact us at the following address:
Kathleen Bottriell, Picassoplatz 4, 4052 Basel, Switzerland
Alternatively, please email email@example.com
12. Limitation of liability
We shall not be liable to pay any compensation to you, other than any refund as provided above. In particular, but without limitation, we shall not be liable to you for loss of profit, damage to goodwill, any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part unless:
(i) you have expressly made us aware in writing of the nature and extent of the loss or damage which you may suffer in such situation; and (ii) we have expressly confirmed in writing that we accept liability for such matters.
Our liability for losses you suffer as a result of us breaking this agreement or any other duty owed to you (if any) is strictly limited to the purchase price of the product.
13. Security Policy
We take your online security very seriously.
When you place your order, you are offered the use of an advanced secure server, which encrypts all the information you input before it is sent to us. Credit card numbers are encrypted both before an order is processed and when stored on our database.
We will comply with the requirements of the Swiss Federal Act on Data Protection (FADP) 1993 to ensure that your personal information is processed fairly and lawfully and we will take appropriate precautions to keep your personal data secure.
For security reasons, we strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on this website.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or personal information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this website (or part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to the website; and/or change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence on our part or our non-compliance with the Swiss Federal Act on Data Protection (FADP) 1993 we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
Refusal of transaction
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content of this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.