General Terms and Conditions (GTC)
1.1. Our range of products in the online shop is aimed exclusively at consumers with a habitual residence and delivery address in Switzerland or Liechtenstein. Additional ordering option for countries in DHL zone 1: Belgium, Germany, France, Italy, Luxembourg, Monaco, the Netherlands, San Marino, Vatican City and Austria, hereinafter referred to as “Customers”.
1.2. The operator of the online shop at vup.fashion, hereinafter referred to as the “online shop”, and your contractual partner is:
VUP Fashion AG
8806 Pfäffikon SZ
1.3. These General Terms and Conditions, hereinafter referred to as “GTCs”, apply to all contracts concluded between you as a Customer and us as the operator of the online shop vup.fashion, hereinafter referred to as the “Seller” or “VUP Fashion”. During the ordering process, you accept the GTC in the version applicable at the time the order is placed. All verbal and telephone agreements must be confirmed in writing to be binding. The written form requirement is also met if a declaration is made by e-mail.
2. Conclusion of contract
2.1. The offer to conclude a purchase contract is made by the Customer by clicking on the “Confirm purchase” button after filling in the order page. The Customer shall remain bound to this order for one week. The contract is binding if we accept the order within this period in accordance with Section 2.3.
2.2. After submitting the order, the Customer shall receive an automated e-mail confirming our receipt of the order. The order confirmation merely serves to inform you that we have received the order.
2.3. A contract is only valid when we declare our acceptance of the contract. We shall declare acceptance of the contract by sending the Customer an invoice, confirming the order, confirming by e-mail that the goods have left our warehouse, or at the latest by delivering the goods.
2.4. The contract is only concluded for items expressly listed in our invoice, the order confirmation or the shipping confirmation. The scope of services is also conclusively defined by these documents.
2.5. The contract is concluded in English or German. The data stored by us serves as proof of the conclusion of the contract and the transaction.
2.6. The Customer has the option to print out the order and the data entered during the ordering process. It is also possible to open a customer account. The order data can be viewed in the Customer’s account after entering their personal access data. Vup.fashion reserves the right to block customer accounts without giving reasons at its own discretion.
3. Prices and shipping costs
3.1. All prices are net in Swiss Francs (CHF), including VAT for Switzerland and Liechtenstein. Swiss VAT does not apply to orders outside of Switzerland or Liechtenstein. The country-specific VAT is paid by the Customer directly to DHL. We reserve the right to amend the prices and conditions stated on the website.
3.2. The shipping costs in Switzerland and Liechtenstein are included in the sales price. The shipping costs in Zone 1 are CHF 49.00 (up to 2 kg).
4. Payment & retention of title
4.1. The purchase price can be paid using Twint or PayPal, as a prepayment with a 2% discount or by credit card (VISA, Mastercard and American Express), to the extent that these options are provided and available on the website. If paying with a credit or debit card, the data is transmitted in encrypted form.
4.2. Orders are immediately payable, taking the following provisions into account.
Purchases of goods and returns which are not included in the current invoice are taken into account in another subsequent invoice (account statement). If our invoices are not rejected within 14 days of the invoice date, the balance shown is considered to have been approved. The invoice amount is due within 20 days of the invoice date. In the event of default, we shall charge default interest at a rate of 1.17% per month on the outstanding amount. We also charge a reminder fee of CHF 30.00 for each reminder, which is added to the outstanding amount plus default interest.
4.4. As a Customer, you are only entitled to set-off or retention rights if the claim has been legally established or is undisputed. This does not affect your opposing rights in the event of defective delivery.
4.5. We retain ownership of the delivered goods in all cases until full payment of the respective invoice amount for a delivery (final and unconditional credit of the total purchase price). The Seller is entitled to make a corresponding entry in the retention of title register.
4.6. Please note that our web shop is primarily geared towards the needs of our private customers. For this reason, it is not possible for us to subsequently create invoices, receipts or VAT statements for your online order.
5. Delivery & transfer of risk
5.1. Die Verkäuferin beschränkt die Lieferungen auf das Gebiet der Schweiz und Lichtenstein. Die Lieferung erfolgt direkt an die vom Käufer bekannt gegebene Lieferadresse und Kontaktperson.
5.2. Die Lieferung erfolgt unter der Bedingung der rechtzeitigen und ordnungsgemässen Selbstbelieferung durch der Schweizerischen Post per A-Post zugestellt. Bei höherer Gewalt wie Streik und sonstige Arbeitskampfmassnahmen, Aufruhr, Krieg, Naturkatastrophen sowie bei Liefersperre des Herstellers oder Vorlieferanten tritt Lieferverzug nicht ein. Die Verkäuferin haftet nicht für Lieferverzögerungen, welche von Herstellerfirmen oder durch Dritte verursacht wurden.
Die VUP® werde
5.1. The Seller limits deliveries to the region of Switzerland and Liechtenstein and DHL Zone 1 (see Point 1.1). The order is delivered directly to the delivery address and contact person specified by the buyer.
5.2. In Switzerland and Liechtenstein, delivery is subject to timely and proper delivery by Swiss Post (delivered by A Mail). Deliveries in DHL Zone 1 (see point 1.1) are performed by DHL. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters or a delivery block by the manufacturer or sub-supplier, this does not represent a default in delivery. The Seller is not liable for delivery delays caused by manufacturing companies or third parties.
The VUP® is sent in large letter format and must be returned in the same format/box if returned. A parcel is sent if three or more items are ordered.
5.3. Our performance is an obligation to send and is fulfilled upon handover to the transport personnel. Following dispatch, the risk of accidental deterioration or loss of the goods is transferred to the Customer. We are not responsible for any fault on the part of the transport company.
5.5. The delivery times specified in the online shop or our order confirmation in accordance with Section 2.3. are calculated from the time of our order confirmation.
5.6. The delivery times for Switzerland and Liechtenstein can be found in the following table:
Order on MON by 15:00, delivery on TUE (return by WED)
Order on TUE by 15:00, delivery on WED (return by THU)
Order on WED by 15:00, delivery on THU (return by FRI)
Delivery times in DHL Zone 1 (see Section 1.1):
Order on MON by 14:00, delivery on TUE (return by WED)
Order on TUE by 14:00, delivery on WED (return by THU)
Order on WED by 14:00, delivery on THU (return by FRI)
6. Inspection and notification obligation, liability for defects
6.1. You are obliged to check the delivered products as soon as possible after the usual business process and to report any defects to our Customer Services team immediately by writing to email@example.com. If you fail to do so, the products shall be deemed to have been approved. The products shall in any case be deemed to have approved if the Customer has not submitted a notification of defects to Customer Services by e-mail within one day of delivery.
6.2. Defects which were not recognisable during a proper inspection in accordance with the preceding paragraph must be reported to our Customer Services team immediately after they are discovered by sending an e-mail to firstname.lastname@example.org, otherwise the products ordered are also deemed to have been approved with regard to these defects.
6.3. The defective product must be returned together with a copy of the invoice and a detailed description of the defect. The return address shall be communicated to the buyer by e-mail after receipt of the written complaint. The transport costs incurred are to be paid by the Customer.
6.4. We guarantee our products by eliminating defects. At our discretion, this is achieved either through supplementary performance, namely rectification of a defect (subsequent improvement), or by delivering a defect-free item (replacement delivery). Replaced products become the property of the Seller.
6.5. If the supplementary performance fails, the Customer is entitled to withdraw from the contract. This does not apply in the case of minor defects. The right of the Customer to a price reduction is hereby excluded. This disclaimer also extends to all claims which compete with the warranty rights, including those arising from a contract (Art. 97 et seq. OR (Swiss Code of Obligations)), tort (Art. 41 et seq. OR), rescission of the contract due to error (Art. 23 et seq. OR.) and other rights.
6.6. The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the buyer or third parties, as well as any defects which can be traced back to external circumstances:
In particular, worn, soiled or damaged items are excluded from the guarantee.
6.7 The Customer does not receive any guarantees in the legal sense from the Seller. The Seller assumes no liability for the descriptions provided by third parties, in particular those of customers published as customer ratings in the online shop or on our social media.
7. Refund policy
7.1. Due to the novelty of our products and the limited editions, the Seller grants a return period of one day. The Customer has the right to return the delivered goods within 24 hours (from the date of delivery or receipt confirmation). The return deadline has been met if the goods are handed over to the post office for return the next day.
7.2. The goods must be in their original packaging, complete with all accessories and a copy of the invoice.
7.3. The goods are to be returned to the following address, together with the invoice you received by e-mail:
VUP Fashion AG
CH-8808 Pfäffikon SZ
7.4. The Customer shall bear the costs of the return. Promotion and discount vouchers are non-refundable. If the goods are not returned in an acceptable condition, we shall charge you for the loss in value.
7.5. If the goods are duly returned, we shall reimburse the Customer for the total price paid after checking the goods. A reimbursement is always based on the means of payment used for the purchase. In the event of any reimbursements from purchase on account/prepayment, we shall refund the amount to the corresponding account.
8.1. All cases of breaches of contract and their legal consequences as well as all claims of the Customer, regardless of the legal reason for such claims, are conclusively regulated in these terms and conditions. Other claims of the buyer – irrespective of the legal basis – are hereby excluded to the extent legally permissible. The Seller, its auxiliaries and any vicarious agents are not liable for damages which do not occur to the goods themselves, in particular consequential damages, lost profits or other financial losses of the buyer.