Terms of service
Molly & Stitch Schweiz AG
www.mollyandstitch.ch
General Terms and Conditions of Business
1. Scope of application
The transaction and delivery shall take place exclusively on the following terms of business in the version valid at the time of ordering.
2. Contractual partner, language, applicable law
The contract is concluded with Molly & Stitch Schweiz AG, company registration number CHE-388.361.013, Brandschenkestrasse 130, 8002 Zürich. The contract language is German. Swiss law is applicable.
3. Conclusion of contract
The customer’s order represents an offer to conclude a purchase contract with us. By clicking on the “Buy now” button in the online shop, the customer issues a binding offer to purchase the products in the shopping cart, and acknowledges these General Terms and Conditions of Business. A purchase contract only comes into effect when Molly & Stitch Schweiz AG sends the customer the ordered article and confirms the shipment in a second e-mail (confirmation Email). No purchase contract exists for articles from one and the same order that are not listed in the confirmation of delivery.
4. Right of withdrawal
4.1. Right of withdrawal and withdrawal period
The customer can withdraw from a distance selling contract or a contract concluded outside of business premises within 14 days without stating the reasons.
For purchase contracts and other contracts directed towards the acquisition of an article in return for payment, the withdrawal period begins:
a) with the day on which the customer or a third party named by the customer that is not active as a carrier takes possession of the article;
b) if the customer has ordered several articles within the framework of a single order that are delivered separately, with the day on which the customer or a third party named by the customer that is not active as a carrier takes possession of the last article delivered;
c) if an article is delivered in several partial shipments, with the day on which the customer or a third party named by the customer that is not active as a carrier takes possession of the last partial delivery;
d) in the case of contracts for regular delivery of articles over a specified period, with the day on which the customer or a third party named by the customer that is not active as a carrier takes possession of the last article delivered.
4.2. Right of cancellation
To exercise the customer’s right of rescission, the customer must inform Molly & Stitch Schweiz AG, of his/her decision to revoke this contract by means of an unambiguous declaration (e.g. email, letter sent by mail). No special form is necessary for this.
4.3. Compliance with the time limit
To comply with the time limit for cancellation, it is sufficient for the customer to send the notification of his/her exercise of the right of cancellation to the following address before the cancellation period expires:
Molly & Stitch Schweiz AG
Brandschenkestrasse 130
8002 Zürich
4.4. Consequences of cancellation
If the customer cancels this contract, Molly & Stitch Schweiz AG must repay the customer all the payments that Molly & Stitch Schweiz AG has received from the customer, including the shipment costs, immediately and at the latest within fourteen days from the day on which the customer’s notification of the cancellation of this contract is received by Molly & Stitch Schweiz AG.
For this repayment, Molly & Stitch Schweiz AG shall use the same payment method as the customer used for the original transaction, unless anything has expressly been agreed with the customer otherwise. In no event shall the customer be charged a fee on account of this repayment. In the case of purchase contracts in which Molly & Stitch Schweiz AG has not expressly offered to the customer to collect the article itself in the event of cancellation, Molly & Stitch Schweiz AG can refuse such repayment until Molly & Stitch Schweiz AG has received the articles back again or until the customer has provided the proof that the customer has sent the articles back, depending on which date is earlier. The customer must bear the direct costs of returning articles. The customer must only pay for any possible loss of value of the article if this loss of value is ascribable to the article being handled in a manner that is not necessary for inspecting the quality, properties and functionality of the article.
4.5. Implementation of return/withdrawal
The article can be returned within the withdrawal period to the return address. If the customer does not send the article back in full, including all accessories, compensation for the loss in value can be asserted as applicable.
The product must be returned in packaging suitable for shipment, preferably in its original packaging.
Return address:
Molly & Stitch Schweiz AG
Brandschenkestrasse 130
8002 Zürich
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of articles that are not prefabricated and for the manufacture of which an individual selection or stipulation by the customer is decisive, or which have clearly been tailored to the customer’s personal needs.
5. Delivery
Unless agreed otherwise, the delivery shall be carried out from the Molly & Stitch Schweiz AG warehouse to the address provided by the customer. On our website you will find information on the availability of individual products from stock. In the event that during the processing of your order Molly & Stitch Schweiz AG that products the customer has ordered are not available, the customer will be informed of this by email.
6. Due date, payment and delay
The customer can pay the purchase price by credit card and other online payment providers. The payment must be made in the currency that appears on the invoice. If the customer would like to pay by credit card, the customer is asked to provide the required details on the order form. Molly & Stitch Schweiz AG will only arrange delivery or deliver the ordered products once the customer’s credit card company has released the payment for the ordered products. The invoice and the ordered products will be sent to the address stated in the order confirmation.
7. Price
All prices include the value added tax in force within Switzerland.
8. Retention of title
The delivered articles remain the property of Molly & Stitch Schweiz AG, until paid in full.
9. Restriction of liability
Molly & Stitch Schweiz AG shall be liable only for intent and gross negligence. Liability for financial loss due to slight negligence is excluded.