Terms and Conditions
1.1. The range of goods in the online store is directed not only to the roof region but also to the whole EU as well as USA and Dubai (other countries on request).
1.2. The operator of the online store under VUP Fashion hereinafter referred to as “Online Shop” and the contracting party is: VUP Fashion AG Eichtalstrasse 59, 8634 Hombrechtikon, Switzerland
1.3. These General Terms and Conditions hereinafter referred to as “GTC” apply to all contracts concluded between the customer and the operator of the online store VUP Fashion hereinafter referred to as “Seller” or “VUP Fashion”. In the course of the ordering process, the customer acknowledges the GTC in the version applicable at the time of placing the order. All verbal and telephone agreements must be confirmed in writing. The requirement of written form is also met if a declaration is contained in an e-mail.
2. Conclusion of contract
2.1. The offer to conclude a purchase contract is made by the customer by clicking the button “Complete Order” after completely filling out the order page. The customer remains bound to the order for one week. The contract shall be bindingly concluded if the Seller accepts the order within this period in accordance with section 2.3. assumes
2.2. After sending the order, the customer receives an automated e-mail confirming receipt of the order. The order confirmation serves only as information that the seller has received the order.
2.3. A contract is only validly concluded when VUP Fashion declares acceptance of the contract. The Seller declares the acceptance of the contract by issuing an invoice to the Customer, confirming the order by e-mail and also confirming that the goods have left the warehouse or at the latest by delivering the goods.
2.4. The contract is concluded only for those items that are expressly listed on the invoice, order confirmation or shipping confirmation of the seller. This also conclusively determines the scope of services.
2.5. The contract is concluded in German or English.
2.6. The data stored by us serves as proof of the conclusion of the contract and the transaction.
3. Prices and shipping costs
The prices/currency stated at the time of ordering the goods shall be decisive. All prices for the goods stated in these GTC, in the offer, in the order confirmation and in the contract are prices including the statutory VAT rate. Shipping costs to Switzerland and Lichtenstein are free of charge. Shipping to the whole EU as well as USA and Dubai are also free of charge from CHF 300.00. Otherwise a shipping fee of CHF 19.00 will be charged. (other countries on request)
4. Delivery times
4.1 Delivery times vary depending on the country. Usually it is 2 to 4 business days, Italy 2- 5 business days, USA 3-7 business days (other countries on request). For deliveries outside Switzerland and Lichtenstein, fees may apply, e.g. for import formalities, customs or taxes. Please understand that we cannot influence these costs.
4.2 The Seller shall not be liable in the event of undeliverability or delayed delivery of the goods as a result of incorrect specification of the delivery address by the Customer or the absence of the recipient. Before public holidays (Easter, Christmas), longer delivery times must be expected. This will be pointed out when ordering.
5. Delivery & transfer of risk
5.1 In the event of temporary obstacles to delivery for which the Seller is not responsible (“force majeure”, in particular war and warlike conditions, strike, sabotage, epidemics and pandemics, untimely self-supply), the Seller shall be released from the obligation to perform for the duration of the existence of the obstacle. In such cases, the customer’s obligation to provide the consideration shall also cease to apply. Payments already made will be refunded immediately. If the seller cannot deliver within four weeks, the customer is entitled to withdraw from the contract. Further legal claims of the customer remain unaffected. The Seller shall be entitled to make partial deliveries insofar as this is reasonable for the Customer. In the event of partial deliveries, the Seller shall bear the additional packaging and shipping costs incurred.
5.2 The VUP® products are sent by large letter format and must be returned in the same format /box in case of return. From 3 pieces will be shipped one package.
6. Payment & retention of title
6.1 Payment shall be made either by PayPal or credit card. We accept the credit cards specified in the webshop. If ordered goods are returned, the amount will be credited back to the credit card account. The credit card data is transmitted encrypted. Due to this high security standard, purchasing from the seller by credit card is safe.
6.2 It should be noted that the web store is primarily designed to meet the needs of private customers. For this reason, it is not possible for the Seller to subsequently issue invoices, receipts or VAT statements for the online order.
6.3 Delivery shall be made directly to the delivery address and contact person provided by the Buyer.
6.4 Binding nature of the order: The offer on the web store is considered an invitation to prepare an offer. Once the order is received by the seller, this is considered an offer. The contract is concluded with the order confirmation by the seller. The order confirmation will be sent by e-mail. If the seller does not confirm the order within 5 days, the customer is no longer bound to his offer. Deviating from this, a contract is concluded: – in case of payment by Paypal at the time of confirmation of the payment to Paypal – in case of payment by credit card at the time of charging the credit card.
7. Responsibility to examine and to give notice of defects, liability for defects
7.1. The Buyer is obliged to inspect the delivered products as soon as it is feasible according to the usual course of business and to immediately notify the Seller of any detected defects to the Customer Service at email@example.com. If the Buyer fails to do so, the Products shall be deemed approved. Approval shall be deemed to have been given in any case, unless the customer has made a complaint by e-mail to the customer service within 1 day after delivery.
7.2. Defects that were not recognizable during proper inspection in accordance with the above paragraph must be reported to Customer Service immediately after discovery by e-mail to firstname.lastname@example.org, otherwise the ordered products shall be deemed approved also with regard to these defects.
7.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint (see point 8.3.) Any transport costs incurred shall be borne by the customer.
7.4. The Seller shall provide warranty by remedying defects. This shall be done at the Seller’s discretion either by subsequent performance, namely elimination of a defect (rectification) or delivery of a defect-free item (replacement). Replaced products become the property of the seller.
7.5. If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects.
7.6. A right of the customer to reduction is excluded. This exclusion of liability also extends to all claims competing with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), rescission of the contract due to error (Art. 23 ff. CO.) etc.
7.7. Normal wear and tear as well as the consequences of improper handling or damage by the buyer or third parties as well as defects caused by external circumstances are not covered by the warranty: In particular, worn, dirty or damaged items are excluded from the warranty.
7.8. The customer does not receive any guarantees in the legal sense from the seller. It assumes no liability for the descriptions of third parties, in particular customers in the context of the online store, resp. our social media presences published customer reviews.
8. Right to return the product
8.1. Due to the product novelty and limited editions, VUP Fashion grants a return period of 14 days. The customer has the right to return the delivered goods during this period (from the confirmation of receipt).
8.2. The goods must be returned in their original packaging, complete with all accessories and accompanied by a copy of the invoice.
8.3. The goods must be returned to the following address, enclosing the invoice that the customer has received by e-mail: VUP Fashion AG Eichtalstrasse 59, 8634 Hombrechtikon
8.4. The customer shall bear the costs of the return shipment. Promotional and discount vouchers are non-refundable. If the goods are not returned in proper condition, the resulting loss in value will be charged.
8.5. In case of proper return of the goods, the customer will be refunded the total price paid by credit note after inspection of the goods. A refund is always made on the means of payment used for the purchase. In case of any refunds from purchase on account/advance payment, the seller will refund the amount to the corresponding account.
9.1. All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal basis on which they are made, are conclusively regulated in these GTC. Other claims of the buyer – regardless of the legal ground – are excluded to the extent permitted by law. The Seller, its auxiliary persons and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Buyer.
10. Intellectual property
All rights to the website, the webshop and their contents, products, logos etc. are the property of VUP Fashion. VUP Fashion or its licensees or the official distribution channels are exclusively entitled to existing intellectual property rights such as copyrights, trademark rights and other intellectual property rights. All contents may be used by the customers only in connection with the use of the web page and/or the Webshop and may be neither downloaded, copied, multiplied, spread, transmitted, presented, licensed, nor used for other purposes without previous written consent of VUP Fashion.
11. Final provisions
Swiss substantive law shall apply to the contractual relationship with the customer. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. Irrespective of this choice of law, consumers who have their permanent place of residence in a member state of the European Union at the time of conclusion of the contract may also invoke mandatory consumer protection provisions of their country of domicile. The place of jurisdiction is the registered office of VUP Fashion AG, however, it is also entitled to sue the customer at his place of residence or registered office or branch. Applicable law and place of jurisdiction Zurich, Switzerland.
Hombrechtikon, September 2023