Terms of service
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Terms of service

§ General

The following General Terms and Conditions (GTC) apply to all business relations, including all orders placed by telephone, fax, Internet, e-mail or by letter between Secondhandbags AG , and its customers, hereinafter also referred to as "Customer" or "Buyer". The version of the GTC valid at the time of the order shall always be authoritative. These shall therefore also apply to all future terms and conditions, even if they are not expressly agreed again. By placing an order, the purchaser accepts the following GTC.

Deviations from these GTC are only effective if Secondhandbags AG acknowledges and confirms them in writing. The Purchaser's terms and conditions of purchase shall not be binding, even if Secondhandbags AG does not expressly object to them. Counter-confirmations of the Purchaser with reference to its terms and conditions of business or purchase are hereby objected to.

§ Offer and Conclusion of Contract

The customer's order constitutes an offer to Secondhandbags AG for the conclusion of a purchase contract. After receipt of the order Secondhandbags AG will inform the customer about the receipt of his order by e-mail (order confirmation). The order confirmation does not constitute an acceptance of the offer of the customer. The purchase contract is concluded with the acceptance of the offer by Secondhandbags AG comes into effect. The acceptance is made by the shipping confirmation sent by e-mail or by delivery of the goods. Secondhandbags AG may accept the offer within two weeks from receipt of the offer of the Purchaser.

Secondhandbags AG shall conclude contracts exclusively with legal entities and natural persons of unlimited legal capacity who have reached the age of majority. If it should turn out that the orderer is not yet of full age, then Secondhandbags AG is entitled to withdraw from the contract.

Secondhandbags AG is entitled to withdraw from the contract if Secondhandbags AG is not supplied correctly and/or in time by its suppliers. The Purchaser shall be informed immediately about the non-availability of the goods. Counter-performances of the Purchaser shall be refunded without delay.

Should an item not be available, the AG reserves the right to Secondhandbags AG reserves the right to offer the delivery of a replacement article - at least equivalent in price and quality. The customer is free to accept or reject this offer.

The information in the Secondhandbags AG sales documents or in the online store (illustrations, drawings, Dimensionsweights, product descriptions, content details, prices and other services) are only to be understood as approximate values and do not represent any assurance of properties, unless they are expressly designated in writing as binding.

§ Prices and costs

Prices are inclusive of the statutory value added tax applicable in Switzerland and exclusive of shipping costs. The prices valid at the time of the order shall apply. The prices listed on Secondhandbags.ch or in the sales documents are valid in CHF.

Shipping costs, taxes and customs duties worldwide are already included in the purchase price.

Vouchers of any kind are not cumulative.

§ 5-day return policy

The buyer has the possibility to return an order within 5 days at his own expense. The date on the postmark is decisive. The order will be checked, assigned and cancelled upon arrival. The money will be transferred back or any claims will be reduced. In the event that the buyer has not declared defects, the Bag returned free of charge. The right of return is also valid in case of purchase on account. If the Bag for personal reasons (no longer like, change your mind, etc.) the buyer will be charged 5% of the purchase price or a maximum of CHF 100.

§ Purchase on account with installment facility (PowerPay AG)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, those of POWERPAY (https://www.powerpay.ch/de/agb).

Deliveries are made according to the shipping conditions valid at the time of the order. The ordered goods will be delivered to the address specified by the customer. Delivery dates are not binding. Fixed delivery dates must be confirmed by Secondhandbags AG in writing. For ordered goods, which are provided for collection, the shipping costs are not applicable. The shipment of the ordered goods is usually 1-3 business days after receipt of the purchase price (advance payment).

Delivery and performance delays due to force majeure and due to events the Secondhandbags AG significantly complicate the delivery or make it impossible - this includes in particular strike, lockout, official orders, etc. - even if they are for the deliveries for Secondhandbags AG or its subcontractors, AG shall not be entitled to any Secondhandbags AG shall not be responsible even in case of binding deadlines and dates. They entitle Secondhandbags AG to postpone the delivery or service by the duration of the impediment plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. If the impediment lasts longer than 5 working days, the Secondhandbags AG shall be entitled, after a reasonable period of grace, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if Secondhandbags AG is released from its obligation, the Purchaser may not derive any claims for damages from this.

If the Purchaser is in default of acceptance or culpably violates other duties to cooperate, then Secondhandbags AG shall be entitled to claim compensation for the damage incurred thereby, including any additional expenses. Further claims remain reserved. The risk of accidental loss or accidental deterioration of the purchased goods shall pass to the Purchaser at the time when the Purchaser is in default of acceptance. If the products have been used or are no longer in their original packaging, the customer will be charged 100% upon return.

§ Terms of payment, retention of title

The purchase price is due upon acceptance of the order as well as the order confirmation by Secondhandbags AG for payment. The Purchaser shall pay in accordance with the payment terms valid at the time of the order. Discount as well as cash discount deduction is not permitted.

All deliveries are subject to retention of title. Until full payment of the purchase price including all ancillary requirements, the goods remain the unrestricted property of Secondhandbags AG.

The Secondhandbags AG reserves the right to exclude individual persons/orderers from purchase on account without stating reasons. The exclusion will be displayed on the website.

Invoices are issued in each case by our partner Power Pay AG. Power Pay AG sends an order invoice by mail on the day after the order. The invoice must be paid within 10 days of receipt.

Power Pay AG charges an invoice fee of CHF 1,90.

§ Cancellation policy

No right of revocation

§ Limitation of liability and defect rights

If there is a defect in the ordered goods, the statutory provisions shall apply, unless otherwise stipulated below. Is liable Secondhandbags AG on the basis of the statutory provisions for damage to the customer due to simple negligence, the following shall apply: Liability in case of simple negligence shall only exist in case of default or impossibility or breach of an essential contractual obligation and shall be limited to the reasonably foreseeable typical damage (average damage typical for the contract). Furthermore, it is limited to the order value. No compensation shall be paid for loss of profit. In all other respects the legal liability of Secondhandbags AG shall remain unaffected, in particular the liability for intent, fraudulent concealment of a defect, gross negligence and any strict liability. Any liability arising from the possible assumption of a guarantee shall also remain unaffected.

The limitation of liability shall also apply to third parties who are included in the scope of protection of the contractual relationship. The legal representatives, employees and vicarious agents of Secondhandbags AG shall not be liable to a greater extent than Secondhandbags AG itself.

Warranty claims are initially limited to supplementary performance. The supplementary performance is carried out without recognition of a legal obligation and does not lead to a new start of the limitation period. Only in case of failure of the supplementary performance the customer may withdraw from the contract or reduce the purchase price.

If the delivery item is defective, the defect shall be Secondhandbags AG immediately upon receipt of the goods, whereby a notification by e-mail shall suffice. Decisive for the observance of the deadline is the receipt by Secondhandbags AG SHALL BE DECISIVE. Any breach of the above obligations shall exclude any warranty claims against AG. Secondhandbags AG shall be excluded. If the delivery item is defective or lacks warranted characteristics, warranty shall be provided exclusively by way of replacement delivery. Multiple rectifications are permissible. Further claims of the Purchaser are excluded, unless the replacement delivery fails after a reasonable period of time. In this case, the purchaser may, at his discretion, demand a reduction of the purchase price or rescission of the contract.

§ Data protection

All personal data collected will be treated by us with absolute confidentiality.

The type, scope, location and purpose of the collection, processing and use of personal data required for the execution of orders and support of the purchaser is explained in the information on data protection. The orderer is informed at this point by Secondhandbags AG in detail. The Customer expressly agrees to this collection, processing and use of personal data.

§ Details on data protection

All your data will be stored at Secondhandbags AG absolutely confidential. The personal data / customer data and information you provide will be used by Secondhandbags AG only in the context of the customer relationship between you and the Secondhandbags AG used.

Your data will be used by Secondhandbags AG in accordance with the statutory provisions. We collect, store and process your data to the extent necessary for the full processing of your purchase, including services, technical administration, our own marketing purposes and any warranties that may arise at a later date. The Secondhandbags AG is entitled to pass on your data to third parties for the purpose of creditworthiness and credit checks. The data passed on in this way may be used by the service provider of the Secondhandbags AG's service provider only for the fulfillment of its task.

Data protection - Newsletter:

New customers will be informed by the Secondhandbags AG automatically entered in the newsletter recipient list. You have the option to unsubscribe from the newsletter either in the store under "Newsletter" or in each newsletter sent to you, thereby removing yourself from the distribution list.

Privacy - Cookies:

The Secondhandbags AG uses in the store Secondhandbags.ch cookies. Cookies are small files that allow to store specific information related to the device. They are used for the user-friendliness of websites, e.g. the storage of login data. They are also used to collect statistical data on the use of the website and to analyze it in order to improve the services offered on the website. You, the user, can influence the use of cookies. In most browsers there is the possibility/option with which the storage of cookies can be limited or completely prevented. However, we would like to point out that this may affect the use of our site, Secondhandbags.ch, may be restricted.

Privacy - Further:

We cannot guarantee the security of data transmission on the Internet; in particular, there is a risk of access by third parties when data is transmitted by e-mail. The use of contact data published in the imprint by third parties for advertising purposes is hereby expressly prohibited. The operator expressly reserves the right to take legal action in the event of unsolicited advertising or information material being sent. Should individual provisions or formulations of this disclaimer be or become invalid, the content and validity of the remaining provisions shall remain unaffected.

Privacy - Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link.

Privacy - Google Adsense

This website uses Google AdSense, a service for embedding advertisements of Google Inc. ("Google"). Google AdSense uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses so-called web beacons (invisible graphics). Through these web beacons, information such as visitor traffic on these pages can be evaluated.

The information generated by cookies and web beacons about the use of this website (including your IP address) and delivery of advertising formats will be transmitted to and stored by Google on servers in the United States. This information may be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored by you.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Data protection - Facebook plugins (Like button)

Plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the "Like button" ("Like") on our page.

When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while logged into your Facebook account, you can link the content of our pages on your Facebook profile. This allows Facebook to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook.

If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

Privacy - Twitter

Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc, 795 Folsom St, Suite 600, San Francisco, CA 94107, USA. By using Twitter and the "Re-Tweet" function, the websites you visit are linked to your Twitter account and made known to other users. In the process, data such as IP address, browser type, domains called up, pages visited, mobile phone provider, device and application IDs and search terms, among other things, are transmitted to Twitter.

We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. Due to ongoing updates of Twitter's privacy policy, we refer to the latest version at (http://twitter.com/privacy).

You can change your privacy settings on Twitter in the account settings. If you have any questions, please contact privacy@twitter.com.

Privacy policy- Google +1

Using the Google +1 button, you can publish information worldwide. Via the Google +1 button, you and other users receive personalized content from Google and its partners. Google stores both the information that you have given +1 for a content and information about the page you were viewing when you clicked +1. Your +1s can be displayed as notices together with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and ads on the Internet.

Google records information about your +1 activities in order to improve Google services for you and others.

To use the Google +1 button, you need a globally visible, public Google profile, which must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name may also replace another name you used when sharing content through your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.

In addition to the uses explained above, the information you provide will be used in accordance with the applicable Google Privacy Policy (http://www.google.com/intl/de/policies/privacy/). Google may publish aggregate statistics about users' +1 activity or share these statistics with our users and partners, such as publishers, advertisers or affiliated websites.

§ Complaints, applicable law, place of jurisdiction

Any complaints on the part of the Customer must be made in writing to the company address.

This contract and all disputes arising from this contract shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are placed from abroad or deliveries are made abroad.

The place of jurisdiction for any disputes arising from the business relationship shall be - insofar as this is legally compatible - the registered office of Secondhandbags AG

§ Customer reviews

If you write a customer review, product review or similar in the online store or on other publicly accessible pages, you grant us the exclusive and unrestricted license for their further use. We reserve the right to customer reviews after verification without comment, not or only for one of Secondhandbags AG selected period, abbreviated or changed or omitted completely. Customer reviews or product ratings reflect exclusively the opinion of the customers and do not necessarily agree with the opinion of Secondhandbags AG.

§ Final provisions

The offers of Secondhandbags AG are subject to change and non-binding.

Secondhandbags AG strives as best as possible to accurately describe the goods offered through images and information. The majority of products are not mass-produced items, therefore slight and seasonal deviations from images and text descriptions may occur. Due to changes in packaging of manufacturers, it is possible in exceptional cases that the illustration does not always correspond to the products shown. Secondhandbags However, AG makes every effort to keep the item illustrations up to date.

The sales staff of Secondhandbags AG are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of these GTC.

These GTC constitute the entire agreement between Secondhandbags AG and the Purchaser. Subsidiary agreements, amendments and supplements to these GTC (including this clause) must be made in writing to be legally effective.

This version represents the most current status, all previous GTC are superseded by this one.

§ Severability clause

If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions of these GTC shall not be affected thereby. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the economic intent of the parties. The same shall apply in the event of a loophole.

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