General Terms and Conditions
1 Scope of application
These General Terms and Conditions (hereinafter referred to as ‘GTC’) are an integral part of every contract between isda GmbH (owner of the domain ‘filini-collection.ch’) and its customers (hereinafter referred to as ‘Customer’).
2 Conclusion of contract
The offers published on the website are merely an invitation to submit an offer and are therefore non-binding.
Clicking the order button by the customer constitutes a legally binding request by the customer.
The purchase contract between isda GmbH and the customer is only concluded when isda GmbH sends the order confirmation. The confirmation will be sent to the customer by e-mail and represents the acceptance of the offer by isda GmbH.
If you have chosen to pay by credit card, the contract is concluded at the time the credit card is charged.
3. shipping costs
The prices communicated on ‘filini-collection.ch’ do not include shipping costs. The individual shipping costs are displayed before the end of the order process.
From an order value of CHF 100.00, isda GmbH assumes the shipping costs and waives them for the customer.
If a parcel cannot be delivered or is returned to us due to ‘non-collection’, CHF 20.00 postage costs will be charged.
4. payment
The prices on filini-collection.ch are non-binding guide prices. Prices are subject to change and errors excepted. Only the price stated in the order confirmation is binding.
The following payment methods are available in our shop:
4.1 Prepayment
If you choose to pay in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
4.2 Credit card
Your credit card will be charged upon completion of the order. The terms and conditions of Stripe inc. apply.
4.3 Purchase on account with instalment facility
The terms and conditions of Powerpay apply.
4.4 PayPal
After placing your order, you will be redirected to an external PayPal page. Here you can finalise the payment and you will then be redirected back to our site. The PayPal terms and conditions apply.
4.5 Twint
The terms and conditions of Twint apply.
4.6 Heidipay - payment by instalments
The GTC of Heidipay apply.
4.7 Credit check and scoring
If we make advance payments, e.g. in the case of a purchase on account, we may obtain credit information from a credit agency on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests. For this purpose, we transmit the personal data required for a credit check to a credit agency and use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. We will be happy to inform you on request which credit agencies we use for this purpose.
5. offsetting
The offsetting of claims by the customer is excluded.
6. transfer of benefit and risk
Benefit and risk are transferred to the customer when the goods are handed over to the carrier.
7. right of return
The customer has the right to cancel this contract within 14 days without giving reasons. The return period is 14 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
Parcels will only be accepted in proper condition, i.e. undamaged, unused, unopened and in their original packaging.
The customer is responsible in all cases for packing the goods to be returned in a manner suitable for transport. Damage/destruction of the goods due to improper packaging will be charged to the customer.
The address for returns is:
isda GmbH, Chamerstrasse 174, 6300 Zug
Costs for returns shall be borne by the customer.
8 Obligation to give notice of defects and warranty
The customer must inspect the products immediately upon receipt and notify isda GmbH immediately and in writing of any defects in the contractual product. If no notice of defects is given, the product shall be deemed approved.
The warranty period for all contractual products is two years from acceptance. Warranty claims shall lapse in the event of improper care, improper use, unauthorised modifications to the contractual products and repairs by the customer or third parties.
isda GmbH reserves the right, depending on the individual case, to grant a reduction in payment or to replace the defective product.
The customer shall bear the costs of the return shipment. They shall not be borne by isda GmbH.
9 Contract language
The contract language is exclusively German.
10 Amendments
Amendments and additions to the contract must be made in writing. The same applies to the restriction of this written form clause.
isda GmbH reserves the right to revise these GTC at any time.
isda GmbH shall inform the customer via suitable channels (letter post, e-mail, etc.) of any revision of these GTC and shall grant the customer a period of 30 days to raise an objection. If no objection is raised, the revised GTC shall enter into force. If the customer raises an objection, these GTC shall continue to apply to contractual relationships already concluded. New contractual relationships are subject to the revised GTC.
11 Liability:
Any liability of isda GmbH for damages incurred by the customer is excluded to the extent permitted by law. This limitation of liability does not apply if the cause of the damage is due to intent and/or gross negligence. If isda GmbH negligently breaches a material contractual obligation, the obligation to pay compensation shall be limited to the damage typically and effectively incurred. Any liability for damages caused by auxiliary persons is excluded. Under no circumstances shall liability be accepted for indirect or consequential damages, such as loss of profit, etc.
12 Final provisions
Should individual provisions or parts of the contractual relationship, including these GTC, prove to be void or ineffective, this shall not affect the validity of the remainder of the contractual relationship. In such a case, the contracting parties shall adapt the contract in such a way that it corresponds as far as possible to the intended purpose of the invalid or ineffective part.
All contractual relationships between isda GmbH and the customer shall be governed exclusively by Swiss law, excluding the conflict-of-law rules of the IPRG and the Vienna Sales Convention.