Terms of service

General Terms and Conditions & Customer Information

 

Stand 01.03.2021

 

A General terms and conditions

 

§ 1 Scope of application and customer relations

I. These General Terms and Conditions apply to all business relations between the company "fabiano studios", legally represented by the Managing Director Fabiano Perrino, Steingrüeblistr. 15, 9000 St.Gallen, (hereinafter referred to as the "Company") and its customers in the respective version valid at the time of conclusion of the contract. They also contain important customer information provided for by law. Conflicting, deviating or supplementary general terms and conditions of the customer, even if known, shall not become part of the contract, unless the company has agreed to conflicting, deviating or supplementary general terms and conditions of the customer in whole or with regard to individual provisions.

    II. Customers of the Company within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

    III. Customers in Switzerland and abroad are supplied.

     

    § 2 Offer and conclusion of contract via the company's website

    I. All offers of the company are subject to change and non-binding. A contract between the company and the customer is only concluded when the company accepts an offer from a customer. In the event of typing and calculation errors as well as mistakes on the website, the company reserves the right not to accept an order. 

    II. If a customer places an order on the Company's website via the Internet, he/she must confirm the order by clicking the button "Order subject to purchase". The Company will then immediately confirm receipt of the order by e-mail. This confirmation email of the receipt of the order constitutes a purchase contract.

    III. By sending an order to the Company via the Company's website, the Customer makes an offer to conclude a purchase contract with the Company. The acceptance of the offer and the conclusion of the contract with the Company shall take place by means of an express declaration of acceptance by e-mail or by sending the ordered goods to the Customer.

    If the customer concludes his order with the payment instruction by PayPal PLUS or by credit card, the contract is concluded at the latest when the customer submits the payment instruction.

     

    § 3 Terms of payment and prices

    I. Payment for the goods ordered by the customer shall be made by PayPal PLUS or by credit card at the customer's option. Unless otherwise stated below, the customer's payments are due within 14 days after conclusion of the contract at the latest. The debit of the customer's account takes place following the execution of the payment transaction.

    a)  Payment via PayPal PLUS

    When paying by means of the PayPal PLUS payment service, the customer has the option of making a payment from his PayPal account, by direct debit from a bank account or by credit card.

    b) Payment by credit card

    In case of payment by credit card, the customer has the option to make a payment by credit card.

    c) Payment by crypto currency

    When paying by cryptocurrency, the customer has the option to make a payment from their cryptocurrency wallet.

    II. The price stated in the presentation of the goods is the total price including any applicable value added tax (currently 7.7%) and other price components, but excluding delivery and shipping costs.

       

      § 4 Shipping costs and import duties

      I. In addition to the purchase price, the company charges the customer shipping costs. The amount of the shipping costs can be found on the company's website. In addition, customers are clearly informed of the shipping costs on the order page before placing an order.
      II. When goods are delivered to countries outside Switzerland, import duties may be payable on the import of goods, which the customer must bear. The amount of import duties varies in different customs territories. The customer is responsible for the proper payment of all necessary customs duties and fees.

       

      § 5 Delivery

      Delivery shall be made to the delivery address specified by the customer as part of the order. If the customer/recipient specifies an alternative drop-off location with the shipping service provider, the transport risk for the package shall pass to the customer/recipient after delivery to the drop-off location.

       

      § 6 Delivery times

      The goods are regularly dispatched within two to three working days, but in individual cases no later than 5 working days after receipt of the customer's payment in the case of payment in advance or after execution of the payment process in the case of payment by PayPal PLUS.

       

      § 7 Transfer of risk

      I. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
      II. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall not pass to the buyer until the item has been handed over, even in the case of a sale by dispatch.
      III. Handover shall be deemed equivalent if the buyer is in default of acceptance.

         

        § 8 Retention of title

        I. The delivered goods remain the property of the company until payment has been made in full.
        II. Vis-à-vis customers who are entrepreneurs, the company retains title until all claims to which we are entitled against the buyer for any legal reason whatsoever arising from the business relationship have been fulfilled.
        III. The customer is obliged to notify the company immediately of any seizure or other impairment of the reserved goods by third parties.

         

        § 9 Right of withdrawal, defects in goods

        I. The customer has no possibility to cancel his order. No returns are possible.
        II. If a customer finds a defect in a product after receiving his order, it may be returned normally by post (including parcel services), sent back or handed over to the company without delay and in any case no later than within seven days from the day on which the consumer has informed the company of the defect. The deadline is met if consumers send the goods before the end of the seven-day period.Consumers bear the direct costs of returning the goods.
        III. Defects can be reported via the contact form. Fabiano studios shall check the request and approve or reject it. After approval the goods can be returned. The costs incurred for the return shipment shall be borne by fabiano studios.
        IV. For the return of goods with defects, the following criteria must be met, otherwise the return is void:
        a) Hangtag must be present and not detached
        V. If the defective goods are still available, they will be replaced, otherwise a refund will be made.

           

          § 10 Warranty and liability

          The customer's warranty rights, and the company's liability are governed by the statutory provisions.

           

          § 11 Data protection

          I. The company undertakes to treat the personal data of the customers confidentially. The collection, processing and use of personal data is carried out in accordance with the statutory provisions. Personal data will only be passed on to third parties within the scope of the contract execution. The data received from the customer shall be collected, processed and used by the entrepreneur for the purpose of processing the contract.

          II. Customers can request their personal data stored by the entrepreneur at any time. Information can also be provided gladly by e-mail. Customers can contact the company at any time for the deletion of user information within the scope of the statutory provisions. Further information on data protection can be found in the separate data protection declaration.

           

          § 12 Final provisions, place of jurisdiction, severability clause

          I. The legal relationship between the customer and the company is governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the provisions of the country in which a customer who is a consumer has his or her habitual residence provide for protection for consumers that does not exist under Swiss law, these provisions shall apply to the legal relationship between this customer and the company.

           

          II. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is St. Gallen. The same applies if the customer is an entrepreneur and has no general place of jurisdiction in Switzerland or if the customer's place of residence or habitual abode is unknown at the time the action is brought.

           

          III. The company is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor does the company offer to participate in such a procedure.

           

          IV. Should individually provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

           

          § 13 Adaptations

          I. We reserve the right to make adjustments to the General Terms and Conditions (GTC) at any time. The version published on the website shall apply in each case.

           

          II. We reserve the right to change the prices of the products at any time. The prices published on the website apply in each case.

           

          B Customer information

           

          1. Information on the conclusion of the contract

            If you place an order via our website, the contract shall be concluded in accordance with § 2 of our General Terms and Conditions.

             

            2. Information on payment and delivery

            Our terms of payment and delivery can be found under § 3, § 4, § 5 and § 6 of our General Terms and Conditions.

            Our note on payment processing when paying by credit card:

            The billing of the website via credit card is carried out by:

            Stripe 

            510 Townsend Street

            San Francisco, CA 94103, USA

            Attention: Stripe Legal

            info@stripe.com 

            The settlement of the website via cryptocurrency is carried out by:

            Coinbase Commerce

            One Marina Boulevard #28-00

            Singapore 018989

            commerce@coinbase.com

             

            3. Information on technical steps leading to the conclusion of the contract

              The conclusion of a purchase contract is effected by offer and acceptance.

               

              You can place an order via our website by placing a selected product in the shopping basket. To do this, you can click on the "Add to shopping basket" button on the product page. If you wish, you can then add further products to the shopping basket in the same way.

              After selecting the product or products, you can click on the "Shopping cart" button. A new page will then open showing the previously selected contents of the shopping cart.

              Directly from the shopping cart page, you have the option of opening a new personal customer account via the "Continue" button or logging in via an existing customer account.

              After entering your data required for the order or after displaying the existing customer data, you have the option of specifying the details of the dispatch and the method of payment. 

              Another button allows you to check the previous information on the item, address, shipping method and payment method once again.

              Then click on the "Buy" button, make an offer to buy the item(s) you have selected.

              Acceptance by us shall take place in accordance with § 2 of our General Terms and Conditions of Business.

               

              4. Information on the storage of the contract text

                If you place an order via our website, the text of the contract will be stored by us and sent to you by e-mail on request together with the General Terms and Conditions valid at the time of conclusion of the contract.

                 

                5. Information on the technical means to detect and correct input errors.

                  Before the binding submission of the order, you can correct your entries on an ongoing basis using the input devices you use (usually keyboard and mouse). In addition, all entries are displayed again in an overview before the binding submission of the order and can also be corrected there using the input devices you use.

                   

                  Before the order is bindingly placed, you always have the option of cancelling the order process by closing your internet browser.

                   

                  6. Information on the languages available for the conclusion of the contract

                    For the conclusion and execution of the contract as well as for customer service, the English language is available.