§ 1 Scope of application and terms of use

1. These general terms and conditions (GTC) only regulate the contractual relationships between the company Vipster GmbH, Swiss commercial register number CHE-156.352.032, domiciled at Ferenloo, CH-9533 Kirchberg SG, in Switzerland (hereafter referred to as "seller”) and its customers (hereafter referred to as "customer”) for the products offered on the website www.meadiginita.com under the fashion label MEA DIGNITA ®. 

2. These GTC only apply to goods of the brand MEA DIGNITA ® sold via the online shop of the website www.meadiginita.com. The other services of the seller mentioned on the same website, such as custom-made products, repair service, personal advice and home service, are subject to the separate provisions and are therefore not subject to these General Terms and Conditions.

3. These GTC regulate exclusively the contractual relationship between the seller and its customers in the above sense. Conflicting or deviating contractual terms and conditions of the customer shall not be recognised unless the seller has expressly agreed to them in writing in individual cases.

4. The Seller may amend or change the GTC at any time at its own discretion. The respective (approved) version at the time of sending an offer by the customer (see § 3 number 1) shall apply.

5. For the use of our offers the customer commits himself to truthful and complete information within the scope of the registration. Should this not be adhered to by a customer, the seller expressly reserves the right to refuse the registration or order. Furthermore, the seller does not assume any liability for false information provided by the customer via the internet shop of the website www.meadiginita.com. 

6. In all other respects, reference is made to the separate imprint and the separate data protection declaration on the Internet site www.meadiginita.com.

 

§ 2 Contractual object

1. The contract an these GTC include all goods (clothings) offered and to be purchased by the customer via the online shop on the plattform www.meadignita.com. 

2. The product images shown on the website www.meadignita.com, the colours shown, may deviate from the original product for technical reasons.

3. The photos contained on www.meadignita.com are for illustrative purposes only and are not binding. They do not constitute a binding offer and no warranted characteristics can be derived from them.

 

§ 3 Conclusion of Contract

1. When ordering in the online shop (by selecting the category "Shop") customers can take a closer look at the products by clicking on the product image on the product overview and place them in the shopping basket via the link "Add to shopping basket". The content of the shopping cart can be viewed at any time by clicking on the "shopping basket" link in the top right-hand corner of the online shop's picture display (see corresponding icon). The selected products visible in the shopping basket can be ordered by clicking on the "Checkout" button: This will take the customer to the checkout menu. After entering the personal information requested in the input mask at the checkout, the customer can use the button "Send order" to directly pay for his previously selected products or send the order to the seller. With the order, the customer makes a binding offer to conclude a sales contract.

2. After ordering the products, the customer receives an order confirmation with the relevant information to his e-mail address. This automatically generated confirmation e-mail does not yet represent an acceptance of the offer, but merely documents that the seller has received the order. Therefore, even after this point in time, the seller is free to decide whether to accept the order. The offer is accepted by sending a second and separate order confirmation to the customer or by delivery of the goods within 3 days after receipt of the order confirmation by the seller (only within Switzerland possible).

3. The ordered product will be shipped to the customer after receipt of payment.

4. The seller is entitled to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, insofar as it cannot deliver the ordered goods for various reasons. In this case, the seller shall inform the customer immediately of the unavailability of the desired products and refund any amounts already paid within 1-3 days. In this case, the seller reserves the right to offer goods of equal price and quality with the aim of concluding a new contract for the purchase of goods of equal price and quality.

 

§ 4 Storage of the contract text

1. The seller saves the order sent by the customer with the order data entered by him. These are specifically personal data such as name, home address or business address and delivery address. The seller sends the customer an order confirmation with the most important order data by e-mail.

 

§ 5 Prices and taxes

1. All prices quoted on the website www.meadignita.com include the legally owed value added tax EXCLUDED shipping costs of the transport company.

2. Price changes and price errors are reserved.

3. The dispatch takes place within Switzerland, the European Union as well as Liechtenstein and Norway. The charge of separate customs duties in accordance with the statutory provisions of the EU or other countries to which the goods are delivered, is possible and therefore cannot be included in the price view. For shipments outside Switzerland, the respective customs and tax regulations generally apply.

 

 

 

§ 6 Terms of Payment

1. The goods must be paid for in advance by credit card. If the customer fails to pay on time, the goods will be retained; the seller reserves the right to withdraw from the contract and to charge an alternative default interest rate of 5%.

 

 

§ 7 Shipping terms

1. The seller delivers only within Switzerland, the European Union as well as Liechtenstein and Norway. Therefore, only orders from buyers in these countries will be accepted. Buyers outside these countries can currently express their wish to buy via the contact form and thus contact the seller. In this case, the seller will - without corresponding assurances - clarify in individual cases and agree with the customer whether and to what modalities a sale as well as the dispatch of goods outside the usual delivery area is possible. 

2. The dispatch takes place in each case exclusively after receipt of payment. The risk assumption is transferred to the customer when the consignment is handed over to the transport company. The dispatch takes place in Switzerland with the Swiss post office or for international shipping with DHL.

3. For special shipping instructions please contact the seller at info@meadignita.com

4. The risk in the object of sale is transferred to the customer with the personal handover of the goods or with the delivery for shipment.

 

§ 8 Shipping time

1. The goods of the product lines "Ready-to-wear" will be shipped within 7 days after receipt of payment at the latest.

2. The goods of the product line "Couture" will be shipped within 21 days after receipt of payment at the latest. The reason for the longer shipping time is that these goods are not produced until after conclusion of the contract with the customer according to the size ordered.

3. If the ordered goods are not or no longer available, the customer will be informed immediately. Partial deliveries are permitted.

 

§ 9 Warranty and Liability

1. Unless otherwise agreed in writing between the parties, the statutory provisions of Swiss contract law pursuant to Art. 197 et seq. of the Swiss “Obligationenrecht” shall apply in connection to defects in the purchased goods. If the goods are dispatched outside Switzerland the application of mandatory contrary law remains reserved. 

2. The warranty period for defects in the purchased item is a maximum of 1 year for both private individuals and entrepreneurs or companies.

3. Defects in the purchased product which occur during the aforementioned warranty period (guarantee period) must be reported to the seller immediately after their discovery (timely notification of defects) and sent to the seller at the seller's place of business in Switzerland (see above § 1 No. 1) at the expense of the buyer for the time being.

4. After examination of the allegedly defective product and confirmation of the defectiveness by the seller, the customer shall a) be handed over a product of the same type as well as a new and defect-free product or b) the defect of the same product shall be remedied by the seller. In the event that the delivered goods are actually defective, and the customer has asserted his warranty rights in time, the shipping costs for the return shipment to the seller shall be refunded subsequently.

5. Any warranty shall lapse if defects in the purchased goods have occurred for the following reasons:

Damage and functional defects to the products caused by accidents, improper or abusive use (cuts, cracks, impurities, unnatural odours, discolorations, etc.) or by alterations, repairs or interventions by persons who do not possess the necessary and verifiable professional qualifications for this purpose; in particular, there is no warranty right under which the item of clothing has been washed by the customer or has already been worn (apart from a usual fitting); consequences of normal wear and tear or ageing of the goods

6. Any liability for third party or consequential damages as well as for a loss of the purchased product is excluded. The seller is not liable for damages caused by negligence.

7. The seller is not responsible for the error-free and/or permanently available data communication via the Internet, nor for the error-free and uninterrupted availability of the online shop. It shall not be liable for technical and/or electronic errors occurring during the ordering process.

 

§ 10 Right of return

1. The customer may return the goods received without giving reasons within 14 days by returning the goods to the seller's registered office (as described under § 1, No. 1 above). The period begins upon receipt of the goods by the customer.

2. In order to meet the before mentioned deadline, the customer must first notify the return within 14 days of receipt of the goods via the e-mail address info@meadignita.com (by stating the invoice number as well in the notification). Subsequently, the goods must also be returned within 14 days of receipt of the goods. The goods must be addressed to the following address:

Vipster GmbH / MEA DIGNITA

Ferenloo 

CH-9533 Kirchberg SG.

3. If the contract is revoked by the customer (private consumer), the seller will repay all payments already made by the customer (excluding the costs of returning the goods) immediately and at the latest within 30 days from the day on which the written notice of revocation and also the object of sale returned by the buyer has been received by the seller. If the object of sale has already been handed over to the seller prior to receipt of the notice of revocation, the aforementioned period shall commence upon receipt of the written notice of revocation. The same means of payment shall be used for reimbursement as for payment by the customer; the seller reserves the right to make express written deviations. Reimbursement will only be made in the event of a timely declaration of revocation and after receipt of the products by the seller to the aforementioned address.

4. The (shipping) costs for the return are borne by the customer. The customer shall be liable for any loss in value of the goods if such loss in value is due to inappropriate handling with regard to the nature, properties and functionality of the goods sold. The customer must also pay compensation for the deterioration caused by the intended use of the goods. Such reimbursement obligations on the part of the customer must be fulfilled within 30 days, whereby the period begins immediately with the electronic announcement of the depreciation to the customer (to the e-mail indicated by the customer on the occasion of the order).

5. In the event of an effective return, any benefits derived by the customer shall be surrendered.

 

 

§ 11 Reservation of ownership

1. Any goods delivered prior to full payment shall remain the property of the seller until full payment has been made.

 

§ 12 Privacy

1. The data necessary for the use of the platform www.meadignita.com will be treated confidentially. In addition, the seller protects the interests and privacy of the users.

2. By using the platform, the users or customers expressly consent to data being stored on the Swiss provider of Vipster GmbH in compliance with the applicable data protection regulations. Both queries and replies are stored directly on the server and can only be accessed by means of identification. The user expressly agrees to this communication.

3. The platform of Vipster GmbH undertakes to use personal data carefully and exclusively for the purposes indicated. The user agrees that the information provided during the use of the systems may be viewed and processed by the employees of Vipster GmbH and by the operators of the platform.

4. Furthermore, reference is made to the separate data protection provision on the Internet platform www.meadignita.com, of which the present data protection provisions form an integral part.

 

§ 13 Copyrights

1. Vipster GmbH has copyrights to all images of the products to be sold shown on the mentioned Internet platform. These works may only be used by third parties with the written consent of Vipster GmbH.

 

§ 14 Final provisions

1. Swiss law shall apply exclusively to all transactions in connection with these GTC under explicit exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Foreign mandatory provisions remain unaffected.

2. The place of jurisdiction for disputes arising from this contractual relationship – except for mandatory deviating places of jurisdiction - is Kirchberg SG (Switzerland, Canton of St. Gallen).

3. Should individual provisions be legally invalid, the other parts of the contract shall nevertheless remain binding. In this case, the individual invalid or void provision shall be replaced by a new, legally permissible provision that comes as close as possible to the economic effect of the invalid or void provision. If an invalid contractual clause is not subsequently corrected, it shall be replaced by a corresponding statutory provision.

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