GTC
FROM MARIGGI (www.mariggi.com)
1. SCOPE
THESE GENERAL TERMS AND CONDITIONS (GTC) OF MARIGGI IANNATTONE, ZENTRUM STALDENBACH 3 8808 PFÄFFIKON SZ SWITZERLAND (HEREINAFTER "MARIGGI") REGULATE THE RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE USE OF THE WEBSITE WWW.MARIGGI.COM AND THE ONLINE SHOP ON THIS PAGE. THE FOLLOWING GENERAL TERMS AND CONDITIONS (GTC) APPLY BETWEEN MARIGGI AND THEIR CUSTOMERS IN THE VERSION CURRENTLY AVAILABLE AND VALID WHEN THE CONTRACT WAS CONCLUDED. ANY NATURAL OR LEGAL PERSON WHO MAINTAINS BUSINESS RELATIONSHIPS WITH MARIGGI IS REFERRED TO AS A CUSTOMER. THE TERMS AND CONDITIONS, THE DELIVERY, AND PAYMENT CONDITIONS AS WELL AS THE DATA PROTECTION PROVISIONS MAY BE ADJUSTED FROM TIME TO TIME. THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY. CONDITIONS THAT CONTRADICT, SUPPLEMENT OR DEVIATE FROM THESE TERMS AND CONDITIONS REQUIRE EXPRESS WRITTEN CONFIRMATION BY MARIGGI IN ORDER TO BE VALID.
WHEN USING WWW.MARIGGI.COM OR WHEN ORDERING GOODS OR WHEN CONCLUDING A CONTRACT, THE CUSTOMER CONFIRMS THAT THEY FULLY ACCEPT THESE TERMS AND CONDITIONS, INCLUDING THE DELIVERY AND PAYMENT CONDITIONS.
2. INFORMATION ON THIS WEBSITE
WWW.MARIGGI.COM CONTAINS INFORMATION ABOUT PRODUCTS. WE RESERVE THE RIGHT TO MAKE CHANGES TO PRICES AND RANGES AS WELL AS TECHNICAL CHANGES. ALL INFORMATION ON WWW.MARIGGI.COM (PRODUCT DESCRIPTIONS, IMAGES, FILMS, DIMENSIONS AND OTHER INFORMATION) ARE ONLY TO BE UNDERSTOOD AS APPROXIMATE VALUES AND IN PARTICULAR DO NOT REPRESENT ANY ASSURANCE OF PROPERTIES OR GUARANTEES, UNLESS EXPLICITLY STATED OTHERWISE. MARIGGI ENDEAVORS TO PROVIDE ALL DETAILS AND INFORMATION ON WWW.MARIGGI.COM CORRECT, COMPLETE, CURRENT AND CLEAR, BUT MARIGGI CAN NEITHER EXPRESSLY NOR TACITLY GUARANTEE THIS. MARIGGI CANNOT GUARANTEE THAT THE PRODUCTS LISTED ARE AVAILABLE AT THE TIME OF ORDERING. THEREFORE, ALL INFORMATION ON AVAILABILITY AND DELIVERY TIMES ARE WITHOUT GUARANTEE AND CAN CHANGE AT ANY TIME AND WITHOUT NOTICE.
3. PRICES
A LUMP SUM IS CHARGED FOR CUSTOMERS RESIDENT OR DOMICILED IN SWITZERLAND AND THE PRINCIPALITY OF LIECHTENSTEIN. A LUMP SUM IS ALSO CHARGED FOR CUSTOMERS RESIDENT OR DOMICILED ABROAD. OTHER COSTS ASSOCIATED WITH SHIPPING, IN PARTICULAR CUSTOMS COSTS, ARE BORNE BY THE CUSTOMER. ALL PRICES ARE GROSS IN SWISS FRANCS CHF. WE RESERVE THE RIGHT TO MAKE TECHNICAL CHANGES, ERRORS AND MISPRINTS. IN PARTICULAR, MARIGGI CAN MAKE PRICE CHANGES AT ANY TIME AND WITHOUT PRIOR NOTICE.
4. CONCLUSION OF CONTRACT
THE OFFERS ON WWW.MARIGGI.COM REPRESENT AN INVITATION TO THE CUSTOMER TO ORDER PRODUCTS. WITH THE ORDER VIA WWW.MARIGGI.COM, INCLUDING THE ACCEPTANCE OF THESE TERMS AND CONDITIONS, THE CUSTOMER GIVES A LEGALLY BINDING ACCEPTANCE OF THE CONTRACT. MARIGGI THEN SENDS AN AUTOMATIC “ORDER CONFIRMATION” BY EMAIL. ORDERS PLACED ARE BINDING FOR THE CUSTOMER.
ORDERS WILL BE SHIPPED IF THE GOODS ARE AVAILABLE. IF AFTER THE CONCLUSION OF THE CONTRACT IT TURNS OUT THAT THE ORDERED GOODS CANNOT BE DELIVERED OR NOT COMPLETELY DELIVERED MARIGGI IS ENTITLED TO WITHDRAW FROM THE ENTIRE CONTRACT OR FROM A PART OF THE CONTRACT. ANY PAYMENT ALREADY MADE BY THE CUSTOMER WILL BE REFUNDED ACCORDINGLY. IF PAYMENT HAS NOT YET BEEN MADE, THE CUSTOMER IS RELEASED FROM THE OBLIGATION TO PAY. IN THE EVENT OF A CONTRACT TERMINATION MARIGGI IS NOT OBLIGED TO DELIVER A REPLACEMENT OR TO PAY ANY DAMAGES.
5. DELIVERY, INSPECTION OBLIGATION AND NOTIFICATION OF DEFECTS
THE GOODS WILL BE SENT BY POST TO THE ADDRESS SPECIFIED BY THE CUSTOMER IN THE ORDER. THE BENEFIT AND RISK ARE TRANSFERRED TO THE CUSTOMER UPON DISPATCH. MARIGGI IS NOT LIABLE FOR ANY DAMAGE CAUSED BY DELAYED ARRIVAL OF THE GOODS AT THE CUSTOMER OR A THIRD PARTY. IF THE DELIVERY CANNOT BE DELIVERED OR THE CUSTOMER REFUSES TO ACCEPT THE DELIVERY MARIGGI CAN TERMINATE THE CONTRACT AFTER NOTIFICATION OF THE COMPLAINT TO THE CUSTOMER AND SETTING A REASONABLE PERIOD OF TIME AND INVOICE THE COSTS FOR THE ACTIVITIES. THE CUSTOMER IS OBLIGED TO CHECK THE DELIVERED GOODS IMMEDIATELY UPON RECEIPT OF THE DELIVERY AND TO NOTIFY MARIGGI IMMEDIATELY IN WRITING OF ANY DEFECTS FOR WHICH MARIGGI GUARANTEES, BY LETTER OR EMAIL. IF THE INSPECTION BY MARIGGI SHOWS THAT THE GOODS DO NOT HAVE ANY NOTICEABLE DEFECTS OR THAT THESE ARE NOT COVERED BY THE MANUFACTURER'S GUARANTEE, MARIGGI CAN INVOICE THE CUSTOMER FOR THE ACTIVITIES, THE RETURN OR ANY DISPOSAL.
6. RIGHT OF RETURN AND RETURNS (REVOCATION)
MARIGGI GRANTS A CONTRACTUAL RIGHT OF RETURN ON ALL PRODUCTS (EXCEPT FOR GIFT VOUCHERS) WITHIN 14 CALENDAR DAYS OF RECEIPT OF THE GOODS. THE EXERCISE OF THE RIGHT OF RETURN LEADS TO A REVERSAL OF THE CONTRACT. THE CUSTOMER MUST RETURN THE GOODS TO MARIGGI IN THEIR ORIGINAL PACKAGING, UNWASHED AND TOGETHER WITH THE CANCELLATION FORM WITHIN 14 CALENDAR DAYS OF RECEIPT. RETURNS TO MARIGGI ARE MADE FOR THE ACCOUNT AND RISK OF THE CUSTOMER. ANY PAYMENT THAT HAS ALREADY BEEN MADE WILL BE REFUNDED TO THE CUSTOMER IMMEDIATELY, PROVIDED THAT MARIGGI HAS ALREADY RECEIVED THE GOODS BACK. MARIGGI RESERVES THE RIGHT TO DEMAND APPROPRIATE COMPENSATION FOR DAMAGE, EXCESSIVE WEAR, AND TEAR OR LOSS OF VALUE DUE TO IMPROPER HANDLING AND TO DEDUCT THE REDUCTION IN VALUE FROM THE PURCHASE PRICE ALREADY PAID OR TO INVOICE THE CUSTOMER.
7. WARRANTY WHEN PURCHASING GOODS
MARIGGI STRIVES TO DELIVER GOODS OF PERFECT QUALITY. IF DEFECTS ARE REPORTED IN GOOD TIME MARIGGI GUARANTEES THAT THE PRODUCT PURCHASED BY THE CUSTOMER IS FREE FROM DEFECTS AND FUNCTIONS DURING THE STATUTORY WARRANTY PERIOD OF TWO YEARS FROM THE DELIVERY DATE. IT IS AT THE DISCRETION OF MARIGGI TO PROVIDE THE GUARANTEE THROUGH FREE REPAIRS, EQUIVALENT REPLACEMENTS OR THROUGH A REFUND OF THE PURCHASE PRICE. FURTHER CLAIMS ARE EXCLUDED. THE WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR OR THE CONSEQUENCES OF IMPROPER HANDLING OR DAMAGE BY THE CUSTOMER OR THIRD PARTIES (ESPECIALLY IF MARIGGI WASHING INSTRUCTIONS ARE DISREGARDED) OR DEFECTS THAT CAN BE ATTRIBUTED TO EXTERNAL CIRCUMSTANCES. TEXTILES CAN SLOWLY WASH OUT AFTER MANY WASHES, BUT THIS IS NOT A DEFECT IN THE PRODUCT. IT IS NOT POSSIBLE FOR MARIGGI TO GIVE ASSURANCES OR GUARANTEES FOR THE TOPICALITY, COMPLETENESS AND CORRECTNESS OF THE DATA AS WELL AS FOR THE CONSTANT OR UNDISTURBED AVAILABILITY OF WWW.MARIGGI.COM, ITS FUNCTIONALITIES, INTEGRATED HYPERLINKS AND OTHER CONTENT. IN PARTICULAR IT IS NEITHER WARRANTED NOR GUARANTEED THAT THE USE OF WWW.MARIGGI.COM DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES THAT ARE NOT OWNED BY MARIGGI.
8. LIABILITY
MARIGGI EXCLUDES ANY LIABILITY, REGARDLESS OF ITS LEGAL BASIS AS WELL AS CLAIMS FOR DAMAGES AGAINST MARIGGI AND ANY AUXILIARY PERSONS AND VICARIOUS AGENTS. IN PARTICULAR, MARIGGI IS NOT LIABLE FOR INDIRECT DAMAGE AND CONSEQUENTIAL DAMAGE CAUSED BY DEFECTS, LOSS OF PROFIT OR OTHER PERSONAL, PROPERTY OR PURE FINANCIAL DAMAGE TO THE CUSTOMER AND THIRD PARTIES. FURTHER MANDATORY STATUTORY LIABILITY, FOR EXAMPLE FOR GROSS NEGLIGENCE OR ILLEGAL INTENT, IS RESERVED. MARIGGI USES HYPERLINKS ON WWW.MARIGGI.COM ONLY FOR THE SIMPLIFIED ACCESS OF THE CUSTOMER TO OTHER WEB OFFERS. MARIGGI CAN NEITHER KNOW THE CONTENT OF THIS WEBSITE IN DETAIL NOR ASSUME LIABILITY OR ANY OTHER RESPONSIBILITY FOR THE CONTENT OF THIS WEBSITE.
9. PRIVACY
MARIGGI MAY PROCESS AND USE THE DATA RECORDED IN THE CONTEXT OF THE CONCLUSION OF THE CONTRACT TO FULFILL THE OBLIGATIONS FROM THE PURCHASE CONTRACT AND USE IT FOR MARKETING PURPOSES. THE DATA REQUIRED FOR THE PERFORMANCE OF THE SERVICE CAN ALSO BE PASSED ON TO COMMISSIONED SERVICE PARTNERS (LOGISTICS PARTNERS) OR OTHER THIRD PARTIES. THE DATA PROTECTION PROVISIONS OF MARIGGI ARE AN INTEGRAL PART OF THESE TERMS AND CONDITIONS.
10. FURTHER INSTRUCTIONS
SHOULD INDIVIDUALLY PROVISIONS OF THESE TERMS AND CONDITIONS BE VOID AND/OR INEFFECTIVE IN WHOLE OR IN PART THE VALIDITY AND/OR EFFECTIVEN
ESS OF THE REMAINING PROVISIONS OR PARTS OF SUCH PROVISIONS SHALL REMAIN UNAFFECTED. THE INVALID AND/OR INEFFECTIVE PROVISIONS WILL BE REPLACED BY THOSE THAT COME CLOSEST TO THE MEANING AND PURPOSE OF THE INVALID AND/OR INEFFECTIVE PROVISIONS IN A LEGALLY EFFECTIVE MANNER. THE SAME APPLIES TO ANY GAPS IN THE REGULATION. IN THE EVENT OF A DISPUTE, ONLY SUBSTANTIVE SWISS LAW APPLIES, WITH THE EXCLUSION OF CONFLICT-OF-LAW NORMS. THE UN SALES LAW (CISG, VIENNA SALES LAW) IS EXPLICITLY EXCLUDED.
THE PLACE OF JURISDICTION IS ZURICH.
ZÜRICH, FEBRUARY 2021