Terms & Conditions
General Terms and Conditions of Aí&Bí Ltd., February 2015
1. Scope and General Provisions
1.1 These General Terms and Conditions (hereafter „GTC“) of Aí&Bí Ltd. (hereafter "Aí&Bí", "Aí&Bí Online Shop", „the Seller“ or "we/us") apply to all services which are provided by Aí&Bí to the visitors of its website and online shop www.aibi.ch respectively to the customers (hereafter „the Buyer“) of the products sold in the Aí&Bí Online Shop (hereafter “the Products”). Any changes have to be agreed in the written form between Aí&Bí and the Buyer.
1.2 The GTC may unilaterally and at any time be altered by Aí&Bí with legally binding effect for both parties.
2. Conclusion of Contract
2.1. Our Product presentation in the Aí&Bí Online Shop solely represents a non-binding invitation for you to purchase Products from us.
2.2. By sending your order, you submit a binding offer to conclude a sales contract with us.
2.3. We accept your offer by delivering the Products. The automatically generated order confirmation e-mail does not constitute acceptance of your offer. It merely documents the fact that we have received your order. We decide at our own discretion whether we will accept an order or not. We will notify you immediately in the event we do not intend to carry out your order.
2.4 While processing your order, we will inform you by e-mail if we determine that the Products you have ordered are not available. No contract is concluded if the Product is not available.
2.5 We only sell our Products to end consumers who are 18 years of age or older and only in standard commercial quantities.
3. Right of Withdrawal Information
3.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Products.
You can exercise your right of withdrawal by informing us with an unequivocal statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract, or – if you wish to return the Products before the withdrawal period expires – return the Products to us.
The withdrawal declaration and/or returns of Products are to be addressed to:
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.2 Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than, 14 days from the day on which we received the Products you returned. We may withhold reimbursement until we have received the Products back.
You shall send back the Products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.
You will bear the cost of returning the Products.
The Products have to be returned in their original packaging and must not have been used.
We reserve the right to deduct compensation from the refunded price for possible damage / possible loss of value of the Products.
4. Transport / Transfer of risk / Packaging and delivery costs
4.1 The Products will be delivered by Swiss postal service to the delivery address provided by the Buyer within Switzerland, Europe or all other countries (except USA), unless otherwise agreed by the parties in written. If the Products are available on stock, all paid Products will be delivered immediately. The delivery time in Switzerland should usually be 3 working days. Longer delivery time has to be expected for deliveries outside Switzerland. Unless a fixed delivery time has been agreed in written between the parties, Aí&Bí shall not have any obligation in respect of the informed delivery times.
4.2 Upon any delivery delay because of force majeure, traffic congestion or any other incident for which Aí&Bí is not responsible, the Buyer has no right to claim any compensation.
4.3 Henceforth the Buyer bears all risks of loss of or damages to the Products and all costs from the time on the Products have been handed over to the carrier.
4.4 The packaging und delivery costs shall be borne by the Buyer and are calculated as follows:
Numbers of Products, Packaging and delivery costs:
up to 2 pieces, CHF 4.00
3 to 8 pieces, CHF 12.00
Vouchers, CHF 3.00
Numbers of Products, Packaging and delivery costs:
1 piece, CHF 9.00
2 pieces, CHF 14.00
3 to 4 pieces, CHF 22.00
5 to 8 pieces, CHF 35.00
Vouchers, CHF 5.00
All other countries (except USA)
Numbers of Products: Packaging and delivery costs:
1 piece, CHF 12.00
2 pieces, CHF 18.00
3 to 4 pieces, CHF 34.00
5 to 8 pieces, CHF 46.00
Vouchers, CHF 7.00
4.5 For deliveries to countries outside Switzerland further costs may occur. These costs have to be fully paid by the Buyer. These costs include without limitation the costs for the transfer of funds through banks (e.g. bank transfer fees, exchange arte fees) or legal import duties or taxes (e.g. VAT, customs duties).
5. Pricing and Payment Methods
5.1 The prices listed at the time the order is placed apply. All prices include the legally applicable VAT for orders within Switzerland. The Buyer bears all costs regarding the sale and delivery of the Products, including without limitation, VAT, transport packaging and transport costs, insurance costs, custom duties.
5.2 Products may be paid for using one of the methods suggested in the order process under the terms and conditions outlined therein. Regardless of the result of the review of your data (identity verification and creditworthiness check), we reserve the right to exclude certain methods of payment.
5.3 If you choose prepayment, the payment is due upon you receive the order confirmation via email and the exact billing information. Please state your name and invoice number on your payment to allow us to allocate your payment to your order.
6.1 Aí&Bí issues vouchers that can be redeemed during a predefined time period (1 year) from the date of issuance. To redeem vouchers, the voucher code must be submitted to Aí&Bí at time of redemption respectively in the Aí&Bí Online Shop at the respective place in the shopping cart.
6.2 The Buyer is responsible for the diligently storage of the voucher codes. Aí&Bí shall not have any responsibility for lost codes or lost vouchers which are redeemed by third parties.
6.3 The vouchers may only be redeemed for the Products mentioned on the voucher. The vouchers may not be redeemed for money respectively may not be redeemed into cash.
7. Duty of Examination, Notification and Acceptance of the Products
7.1 The Buyer shall examine the Products upon their receipt and shall immediately notify to Aí&Bí in written and detail any defects for which he assumes that Aí&Bí must warrant.
7.2 The ordered Products are deemed to be accepted by the Buyer if he fails to correctly notify to Aí&Bí any defects. Recognisable defects must be notified immediately upon receipt of the Products, non-recognisable defects immediately upon their discovery.
7.3 The warranty of the Buyer for defective Products ceases to exist if the Products have been accepted by the Buyer or, the latest, at the end of one year after the delivery of the Products.
7.4 The provisions under this heading apply accordingly to any claim for wrong delivery, delayed delivery, quantity deviations as well as any other claim regarding the conclusion and the completion of the Single Purchase Contract.
8.1 Aí&Bí only warrants for such defects that have already existed at the time when the risk of loss or damages has passed to the Buyer (see clause 4.3).
8.2 In case of delivery of defective Products Aí&Bí will at its choice either provide the Buyer with a replacement or with subsequent reconditioning of the defective Product. Any other warranty, e.g. Product price reduction, rescission of the Single Purchase Contract or compensation of direct or indirect damages is expressly excluded.
8.3 Aí&Bí’s warranty according to clause 8 f. presupposes that
• the Buyer has completely fulfilled his contractual obligations and
• the requirements of clause 7 ff. are fulfilled.
In any case Aí&Bí’s warranty is limited to the value of the defective Products.
8.4 The provisions under this heading apply to all claims for delivery of defective Products, irrespective of the legal basis on which the claim is based.
9. Exclusion of Liability
9.1 Unless expressly otherwise stated in the GTC, Aí&Bí’s liability towards the Buyer is confined to cases of intent or gross negligence. The liability of Aí&Bí for auxiliary persons is excluded. The liability of Aí&Bí is in any case limited to the value of the Products on which the Buyer claim is based.
10. Retention of Property
10.1 The Products remain in the property of Aí&Bí unless the Product price and all costs regarding the sale and the delivery of the Products have been settled by the Buyer.
10.2 Aí&Bí is entitled to ask for registration of a retention of property. The Buyer is, upon Aí&Bí’s request, obliged to assist Aí&Bí in the process of registration.
11. Place of Performance
11.1 The place of performance for all obligations is Aí&Bí’s premises, including, but not limited to, the obligation of delivery and the obligation of payment.
12. Our Intellectual Property Rights
12.1 All intellectual property rights, including but not limited to trademark-, design- , database- and copyrights and domain names, on our website, in the materials published on it or in the newsletters sent to you, including but not limited to texts, images, audio and video materials, graphics, designs, look and feel and website code (“Materials”), are owned by us and are reserved. You may not remove any copyright or other proprietary notices from any Materials in our newsletter or on our website. Except as provided in these GTC, you are not granted any right, title, interest or license with regard to any Materials you may receive with our newsletter or access on our website.
12.2 You may print a reasonable number of hard copies and may download extracts of any page(s) from our website and of our newsletter for your lawful, personal and non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “click here to enlarge this image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. This does also apply to digital versions of our “How to Wear Guide” which we provide for download on our website. All other copying (whether in electronic, hard copy or other format), reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our website or the Materials in our newsletter and on our website is prohibited.
12.3 You must not use any part of the Materials contained in our newsletter and on our website for commercial purposes without obtaining a written licence from us to do so.
12.4 If you wish to make any use of Material on our website or in our newsletter other that set out above, please address your request to email@example.com .
13. Severability Clause
13.1 If any provision of these GTC are invalid and therefore void and unenforceable for any reason, such determination shall not affect the remaining provisions of these GTC, and such remaining provisions shall remain in full force and effect.
The invalid provisions shall be legally interpreted respectively substituted according to the economic contractual purpose.
14. Governing Law and Jurisdiction
14.1 All single purchase contracts are governed by Swiss Law. The U.N. Sales Convention does not apply.
14.2 All disputes shall be submitted to the exclusive jurisdiction of the Courts in Basel, Switzerland. In addition Aí&Bí is entitled, at its sole opinion, to bring proceedings to any other Court which is competent by law.