General Terms and Conditions (AGB)
Of sole proprietorship VO-Style Olga Vögeli (www.vo-style.com)
- Scope of Application
These General Terms and Conditions (GTC) of the sole proprietorship VO-Style Olga Vögeli, Bernstrasse 139, 3400 Burgdorf (hereinafter “VO-Style”) regulate the rights and obligations in connection with the use of the website www.vo-style.com and the online store on this site as well as for services provided by VO-Style. Between VO-Style and its customers, the following General Terms and Conditions (GTC) shall apply in the version that is currently available and valid when the website is called up or when goods are ordered or a contract is concluded.
Any natural and legal person who maintains business relationships with VO-Style is referred to as a Customer. The General Terms and Conditions, the terms and conditions of delivery and payment as well as the data protection provisions may be amended from time to time.
These AGB apply exclusively. Opposing, supplementary or deviating from these terms and conditions require the express written confirmation by VO-Style to be valid. When using this website or when ordering goods or services or generally upon conclusion of the contract, the Customer confirms that he/she accepts these GTC including delivery and payment conditions in full.
- Information on this Website
www.vo-style.com contains information about products and services. Prices and offers as well as technical changes are subject to change. All information on www.vo-style.com (descriptions, illustrations, films, dimensions and other data) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. VO-Style makes every effort to provide all data and information on www.vo-style.com correctly, completely, up-to-date and clearly arranged, but VO-Style can neither explicitly nor implicitly guarantee this.
All offers on www.vo-style.com are subject to change and are not to be understood as a binding offer.
VO-Style cannot guarantee that the products listed are available at the time of the order. Therefore, all information on availability and delivery times are without guarantee and can change at any time and without notice.
VO-Style is not subject to value added tax. The prices are net in Swiss Francs (CHF).
Possible shipping costs will be charged additionally, unless otherwise provided, and are to be paid by the customer. Shipping costs are shown separately in the order process.
VO-Style reserves the right to make technical changes, errors and misprints. In particular, VO-Style may change prices at any time and without notice. No consulting and support services are included in the sales prices.
- Conclusion of Contract
The offers on www.vo-style.com represent a non-binding invitation to the customer to order products and/or services. With the order via www.vo-style.com, including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. VO-Style will then send an automatic order confirmation by email, which confirms that the offer of the Customer has been received by VO-Style. Orders placed are binding for the Customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract for a purchase of goods or a service is concluded as soon as VO-Style sends a declaration of acceptance by email, in which the dispatch of the ordered products or the provision of the services is confirmed and, in the case of products, the entire price was paid by the Customer.
Orders are only delivered after full payment has been received and if the goods are available. If, after the conclusion of the contract, it transpires that the ordered goods cannot be delivered or cannot be delivered in full or that VO-Style cannot provide the ordered service, VO-Style shall be entitled to withdraw from the entire contract or from one part of the contract. If the payment of the Customer has already been received by VO-Style, the payment shall be refunded to the Customer. If payment has not yet been made, the Customer shall be released from the payment obligation. VO-Style shall not be obliged to provide a replacement delivery or service in the event of termination of the contract.
- Payment Options
When purchasing goods, the customer has the payment options specified in the order process.
VO-Style reserves the right to exclude customers from individual payment options without giving reasons.
VO-Style may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder in the event of default of payment by the Customer.
Services will be charged to the customer in principle afterwards. VO-Style may, however, demand an advance payment.
- Delivery, Obligation to check, Notification of Defects and Return
Deliveries are sent by mail or courier service to the address indicated by the customer in the order. Upon dispatch, the benefit and risk are transferred to the customer, as far as this is legally permissible.
If the delivery is not deliverable or if the customer refuses to accept the delivery, VO-Style can dissolve the contract after a notification of complaint by e-mail to the customer and setting a reasonable deadline and charge the costs for the work involved.
The Customer shall be obligated to inspect the delivered goods immediately upon receipt of the delivery and to notify VO-Style of any defects for which VO-Style provides a warranty immediately in writing by letter or e-mail to the address in the imprint of www.vo-style.com.
Returns to VO-Style are at the expense and risk of the Customer. The Customer shall send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address specified by VO-Style in the imprint of www.vo-style.com.
If the inspection by VO-Style shows that the goods do not have any detectable defects or that these are not covered by the manufacturer’s warranty, VO-Style may charge the Customer for the work, the return or the possible disposal.
- Right of Withdrawal for the Purchase of Goods
The customer is granted a right of withdrawal during 10 calendar days after receipt of the goods. The deadline shall be deemed to have been met if the Customer sends the written revocation to VO-Style by e-mail or letter (address given in the imprint of www.vo-style.com) within the deadline. The revocation does not require a reason.
The exercise of the right of revocation shall lead to a reversal of the contract. The Customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by VO-Style (address specified in the imprint of www.vo-style.com). Returns to VO-Style are at the expense and risk of the Customer. Any payment already made shall be refunded to the Customer within 20 calendar days, provided that VO-Style has already received the goods back or the Customer can provide proof of dispatch.
VO-Style reserves the right to demand appropriate compensation for damage, excessive wear or loss of value due to improper handling and to deduct the reduction in value from the already paid purchase price or to invoice the Customer.
In the following cases no right of withdrawal is granted:
(i) If the Contract has a random element, namely because the price is subject to fluctuations, VO-Style has no influence.
(ii) If the Contract involves a movable item that is not suitable for return due to its nature or that can spoil quickly;
(iii) If the Contract concerns a movable item that is produced according to the Consumer’s specifications or is clearly tailored to personal needs;
(iv) If the contract concerns digital content and this content is not made available on a fixed data carrier or if the contract is to be fulfilled immediately and completely by both parties.
- Warranty for the Purchase of Goods
VO-Style tries to deliver goods in perfect quality. In the event of defects reported in due time, VO-Style shall assume the warranty for freedom from defects and functionality of the item purchased by the Customer during the statutory warranty period of two years from the delivery date. It is at the discretion of VO-Style to provide the warranty by free repair, equivalent replacement or by reimbursement of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear and the consequences of improper treatment or damage by the Customer or third parties and defects that are due to external circumstances. Likewise, the warranty for consumables and wearing parts is excluded.
VO-Style is not able to give any assurances or guarantees for the topicality, completeness and correctness of the data or for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that the use of the website does not infringe any rights of third parties that are not in possession of VO-Style.
VO-Style excludes all liability, regardless of their legal basis, as well as claims for damages against VO-Style and any auxiliary persons and agents. In particular, VO-Style is not liable for indirect damages and consequential damages, lost profits or other personal injury, property damage and pure financial losses of the Customer. This shall be subject to further-reaching mandatory legal liability, for example for gross negligence or unlawful intent.
VO-Style uses hyperlinks on www.vo-style.com only for the simplified access of the customer to other web offers. VO-Style can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
VO-Style may process and use the data recorded within the framework of the conclusion of the contract to fulfil the obligations arising from the purchase contract and may use this data for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions of VO-Style dated November 1, 2018 are an integral part of these GTC.
- Further Provisions
VO-Style expressly reserves the right to change these terms and conditions at any time and to put them into force without notice.
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions which come closest to the economic purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to possible loopholes in the provision.
In the event of disputes, only substantive Swiss law shall apply, excluding conflict-of-law provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Burgdorf, as far as the law does not stipulate any compulsory places of jurisdiction.
Burgdorf, November 1, 2018