Terms & Conditions
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions that are concluded via the online shop www.molardsouvenirs.com and the shop (Molard Souvenirs). Both the online shop and the shop are operated by Molard Souvenirs SA.
molardsouvenirs.com reserves the right to change these terms and conditions at any time. In each case, the prevailing version of these terms and conditions, which can not be unilaterally changed for this order, is decisive. Conflicting or deviating terms and conditions of the clientele are not recognized.
Deliveries are made worldwide, but molardsouvenirs.com reserves the right not to deliver to certain regions and countries.
The offer is valid as long as the product can be found on the search engine in the online shop and / or supplies last.
Orders in quantities that are not customary in the household can be rejected without justification.
2.1 product and price
Illustrations of products in advertising, brochures, online shop, etc. are for illustration and are not binding.
The information about products are compiled in the online shop as customer-friendly as possible, but are not binding.
The manufacturer's information (for example manufacturer's warranty) is authoritative, provided they are valid in Switzerland.
The prices published by molardsouvenirs.com include the statutory Swiss value added tax (VAT). For customers with foreign domicile, Swiss VAT will not be charged or deducted automatically. Domestic deliveries (Switzerland and the Principality of Lichtenstein) are made once without any costs for the customer. For deliveries abroad, shipping costs are added. The exact shipping costs are displayed to the customer in the ordering process. If the order value of the goods is more than CHF 500, the delivery will be made abroad without shipping costs. In any case, other costs such as customs, VAT, flagship fees etc. of the respective country may be incurred by the customer for deliveries abroad, which are not displayed in the order process.
All sales prices published by molardsouvenirs.com represent final prices, all taxes (especially VAT) for deliveries to Switzerland, any advanced recycling fees (vRG), costs for packaging / s as well as the delivery costs for the promised delivery period and all other possible levies Fees, costs and rounding amounts are collected and invoiced directly by molardsouvenirs.com or a partner company. molardsouvenirs.com reserves the right to change the prices of the products and services offered at any time. Decisive for the conclusion of the sales contract is the published price of molardsouvenirs.com at the time of the order.
Ordered additional services such as assembly, disposal, warranty extensions, insurance, express shipping option, etc. are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery time
molardsouvenirs.com attaches great importance to providing up-to-date and accurate availability and delivery times. However, delivery delays may occur, especially due to production or delivery bottlenecks. All information on availability and delivery time are therefore without guarantee and can change at any time.
3. Contract conclusion
The products and prices of molardsouvenirs.com are considered as offer. However, this offer is always subject to the condition of an inability to deliver or a faulty quotation which dissolves the contract.
The purchase contract is concluded for products or services of molardsouvenirs.com, as soon as the customers in the online shop, in the store, "by phone or e-mail place their order (hereinafter referred to as" purchase agreement ").
The arrival of an online order is displayed to the customer by means of an automatically generated order confirmation from molardsouvenirs.com to the e-mail address provided by it. Receipt of the automatically generated order confirmation does not imply that the product can actually be delivered. It simply indicates to the customer that the order has arrived at the online shop and thus the contract with molardsouvenirs.com has come about under the condition of the possibility of delivery and the correct price quotation.
4. Delivery date
With the order confirmation, the customer is notified of a provisional delivery date.
If molardsouvenirs.com is in default of delivery, the customer has the right (except for special orders) from the 30th calendar day since the originally announced delivery date to withdraw from the contract. In this case, molardsouvenirs.com will reimburse the customer for prepaid amounts. Further claims against molardsouvenirs.com do not exist.
5. Delivery / store pickup
For products and services from molardsouvenirs.com, all delivery and collection options are available to the customer, which are noted in the online shop under "Shipping options".
The delivery address of the customer must be easily accessible. If this is not the case, the customer bears the possible cost consequences.
If the customer does not accept the ordered products on the agreed or indicated delivery date, molardsouvenirs.com can cancel the contract and charge the customer for the delivery costs incurred and any loss of value.
If the customer does not pick up the products ordered in the store (store pick-up) within 14 calendar days of picking up in the store, molardsouvenirs.com can cancel the contract.
Orders, which are paid with the payment option "PayPal", are delivered for reasons of seller protection exclusively to the shipping address deposited with PayPal.
6. Inspection obligation
The customer must inspect delivered or picked up products immediately for correctness, completeness and delivery damages.
Delivery damage, incorrect and incomplete deliveries must be reported to molardsouvenirs.com within 5 calendar days from the time of collection or delivery. The customer is aware that such notification must be made via the personal customer account in the online shop under the heading "Return and Guarantee". Such a product may not be put into operation by the customer. He shall keep it as received in the original packaging and follow the instructions of the guided return and return process under "Return and Guarantee" in the personal account.
7.1 Basic provisions
The statutory provisions for warranty are completely waived. Exclusively the warranty conditions of the manufacturer apply.
Wearing parts such as especially batteries, power cords, adapters, bulbs, bracelets, glasses, crowns and software problems are excluded from the warranty. Incidentally, the exclusions of liability pursuant to Section 8 apply.
7.2 Additional provisions for used goods
Other terms and conditions apply to the already discounted products which are marked in the online shop as "Sale", "Demonstration Product", "Remanufactured", "Test Equipment", "Repair" or "Exhibit Product". They may have slight visual defects or be repaired products. These optical defects are excluded from the warranty and are not mentioned separately in the article details. Incidentally, the warranty period of one year after delivery or store pickup applies to these products.
8. Liability and disclaimer
Liability is governed by the applicable statutory provisions. However, molardsouvenirs.com shall under no circumstances be liable for (i) ordinary negligence, (ii) indirect and indirect damages and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of the assistants of molardsouvenirs.com, be it contractual or non-contractual.
Incidentally, molardsouvenirs.com is not liable for damages that are attributable to one of the following causes:
Improper, illegal or illegal storage, discontinuance or use of the products
Use of incompatible spare parts or accessories (for example, power supply)
Neglected maintenance and / or improper modification or repair of the products by the clientele or a third party
Force majeure, especially elemental, moisture, fall and impact damage, etc., which are not responsible for molardsouvenirs.com, and official orders.
Defects, delays in performance and damages incurred during the execution of service providers (for example, on-site installations) are the responsibility of the service contractor.
In general, no claims for damages can be asserted.
9.1 Payment options
Payments in the shop must be made in Swiss francs, Euros or US dollars. Payments in the online store must be made in Swiss francs.
The customer can use the payment options offered in the online shop under "Payment options".
The current fees are listed under "Payment Options" and are detailed in the order process.
When paying by credit card or other instant payment methods, the charge is placed on order.
In the case of advance payment, the delivery will take place only after full payment has been received. Any transfer fees are fully borne by the customer. The products in the central warehouse of molardsouvenirs.com are reserved until the expiration of the payment period of at least 30 calendar days.
With "buy on account" with installment option (PowerPay): With the PowerPay monthly bill, orders can be settled in the online shop simply by invoice with partial payment option. MF Finance AG / PowerPay offers the payment method "purchase on account" as an external payment service provider. At the conclusion of the purchase contract PowerPay accepts the invoice claim and handles the appropriate payment. When purchasing on account, the customer accepts in addition to our terms and conditions, the terms and conditions of PowerPay. (https://terms.mfgroup.ch/agbfiles/Powerpay_Checkout_en.pdf) You will receive the monthly bill by post in the following month. For partial payment, at least 10% of the open invoice amount per month must be paid. In this way, the customer can easily decide for himself in how many partial payments he would like to settle the bill. An administration fee of CHF 2.90 will be charged for each bill. Under this agreement, MF Finance AG / PowerPay grants you a consumer loan in accordance with Art. 12 KKG, provided that you make use of the partial payment option and there is no grounds for exclusion under Art. 7 (1) KKG.
Promotional vouchers are only redeemable from the minimum order value stated on the voucher. Cumulating multiple promotional vouchers is not allowed. The action vouchers are valid until the specified date. It is not allowed to transfer action vouchers to third parties. The action vouchers can not be subsequently credited to an order. The credit of an action coupon can not be paid in cash or interest.
Purchased gift vouchers are transferable. Copying or modifying the vouchers is not permitted. Gift vouchers can not be credited retrospectively to a purchase order. The credit of a gift certificate can neither be paid in cash nor interest.
9.2 Late payment
If the customer does not comply with his payment obligations wholly or in part, all outstanding amounts, which he owes molardsouvenirs.com under any title, are due immediately (with advance payment within 8 calendar days since the 1st reminder) and molardsouvenirs.com can claim them immediately and more stop deliveries of products to the customer.
molardsouvenirs.com charges CHF 10 for the second reminder and CHF 20 for the third reminder. In the case of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an annual percentage rate of up to 15% of the due invoice amount can also be charged from the due date. The debt collection company will enforce the outstanding amounts in its own name and on its own account and may charge additional processing fees.
9.3 Retention of title
Ordered products remain the property of molardsouvenirs.com until full payment to molardsouvenirs.com. molardsouvenirs.com is entitled to make a corresponding entry in the retention of title register. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation without the express consent of Molard Souvenirs is not permitted.
10. Change of order or cancellation
Orders oblige customers to accept the products and services. Subsequent changes or cancellations of the customer's orders can be accepted by molardsouvenirs.com at its own discretion and will be charged a turnover compensation of 20% of the canceled order value, but at least CHF 60.-, as well as any loss of value of the canceled products since their order.
If, after an order or the conclusion of a contract in accordance with section 3, a (partial) delivery impossibility (condition for dissolution) occurs, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delayed delivery or delivery failure are excluded.
11. Return of defect-free goods
Under the conditions listed in the return policy, molardsouvenirs.com grants the right to return the ordered products within a maximum of 14 calendar days for customers domiciled in Switzerland and the Principality of Lichtenstein. The customer must register the return of the products via the personal customer account or under the rubric "return and guarantee" on www.molardsouvenirs.com and send it back according to the instructions described there. The products must be packed properly with all accessories in the original packaging. Damaged, modified (engraved, chopped strips, etc.) or worn products will not be returned or charged to the customer in full.
The customer is responsible and obligated to delete all personal data on the product before the transfer of ownership to molardsouvenirs.com. molardsouvenirs.com and its service partners reserve the right to carry out additional deletions / resets of the product and to delete any personal data. It must therefore be expected with the complete deletion of the data. molardsouvenirs.com disclaims any liability in connection with the access, use, processing or possession of personal data still available by third parties. If the customer makes use of his right of return in accordance with the above-mentioned return conditions, molardsouvenirs.com will refund the entire purchase price with the exception of the amount possibly paid for the express delivery.
Returns are at the expense and risk of the customer and must be registered.
Foreign deliveries are not subject to the right of return and can not be returned. The right of return may also exclude specially marked products.
12. Repair out of warranty
The costs for a repair outside the warranty according to Section 7 shall be borne by the customer. In the case of goods which have no identifiable errors or in which the defect is not covered by the warranty pursuant to Section 7, molardsouvenirs.com reserves the right to charge the customer for the costs of checking the claimed defect as well as the shipping and handling costs.
13. Pick up and return via store
13.1 Collection in the store
It is possible to pick up orders from molardsouvenirs.com in the shop. The customer chooses the store as the place of delivery.
After delivery of the package to the store, the customer receives a pick-up invitation with pick-up. The pick-up is valid as a legitimizing agent and must be presented at the time of collection. This can be, for example, a printed email or a digital version of the pick-up slip (SMS, email on the smartphone). An additional verification of legitimacy can also be made. Without this pickup order, the order can not be handed over to the customer. The customer is requested to additionally confirm his pickup by his signature. Any liability for damages incurred by the customer due to loss, theft, misuse, etc. in connection with the collection process or the pick-up ticket is expressly excluded.
The customer is solely responsible for late-ordered orders.
13.2 Returns in the store
Orders from molardsouvenirs.com can be returned in the shop. Returns to the store are free of charge to the customer. The store has the right not to accept returns due to size restrictions.
14. Further provisions
14.1 Non-assignable returns
Returns that can not be assigned or returned to a customer are kept for six months by molardsouvenirs.com and then disposed of.
14.2 Unclaimed or Deliverable Warranty
If goods which are connected with the provision of warranty in accordance with Section 7 can not be collected from the shop or returned to the customer within six months of dispatch of the collection request, molardsouvenirs.com is entitled to dispose of the goods, in particular to dispose of them.
14.4 Partial validity
Should individual provisions of these Terms and Conditions be invalid or ineffective, this shall not affect the validity of the remaining provisions and these Terms and Conditions as a whole.
14.5 Jurisdiction and applicable law
All legal relationships between molardsouvenirs.com and the customer are governed by Swiss substantive law. The Vienna Sales Convention is not applicable.
The following exclusive jurisdictions apply:
For all claims arising from sales contracts in which molardsouvenirs.com is a contracting party:Geneva is the place of jurisdiction for complaints by consumers.
14.6 Copyright notice
All rights, including copyrights, to these Terms and Conditions are with molardsouvenirs.com.
Any duplication, distribution or other use is prohibited and only permitted with the express and written consent of molardsouvenirs.com. In the event of a breach of this requirement, molardsouvenirs.com reserves all legal steps.
These terms and conditions are subject to change at any time.
Geneva, January 25, 2020
Molard Souvenirs SA
Rue de la Croix d'Or 1
+41-22-311 47 40