General Terms and Conditions of Business
1. Scope
1.1 Our product range in the boutique is aimed exclusively at consumers with the capacity to act who are resident in Switzerland (hereinafter referred to as the "Customer or Customers").
1.2 These General Terms and Conditions (hereinafter "GTC's") apply to all contracts concluded between customers and rocktherooms c/o Bircher Consulting GmbH as operator of the boutique www.rocktherooms.ch (hereinafter "rocktherooms"). During the ordering process, the customer acknowledges our GTC's in the version valid at the time of placing the order.
2. Conclusion of the contract
2.1 The contract between rocktherooms and the customer is concluded when the customer places his order in the boutique by pressing the "BUY" button and declares his agreement by checking the box "agree to the terms and conditions". The customer remains bound to the order for seven days. The contract is binding if the order is accepted within this period.
2.2 After sending the order, the customer receives an automated e-mail confirming receipt of the order by rocktherooms (order confirmation). The order confirmation only serves to inform the customer that rocktherooms has received the order.
2.3 A contract is only validly concluded when rocktherooms confirms acceptance of the contract by confirming the order to the customer (order confirmation), issuing an invoice and informing the customer that the goods have been delivered (shipping confirmation).
2.4 The contract is only concluded for those items that are expressly listed in the order confirmation from rocktherooms, as well as the invoice and the shipping confirmation. This also conclusively determines the scope of services.
2.5 The contract is concluded in German. The data stored at rocktherooms serves as proof of the conclusion of the contract and the transactions.
2.6 The customer has the possibility to print the order and the entered data during the ordering process.
3. Prices & shipping costs
3.1 All prices are net in Swiss francs (CHF) including VAT.
3.2 Rocktherooms reserves the right to make changes to prices and conditions in the boutique, whereby for individual orders the time of the conclusion of the contract is decisive for the applicable prices.
3.3 If VAT is payable, all prices for deliveries within Switzerland and the Principality of Liechtenstein shall include Swiss VAT at the currently applicable rate. Any shipping costs are shown separately.
3.4 If articles are offered at reduced prices, there is no entitlement to a subsequent credit note if the order for the article was placed before the effective date of the price adjustment and confirmed by rocktherooms.
3.5 General shipping costs: The shipping costs are regulated on the website "Delivery and returns".
4. Payment & retention of title
4.1 Payment of the purchase price is made optionally by credit card (VISA, Mastercard) or Paypal, if provided and available on the website. The data for payment by credit and debit cards are transmitted in encrypted form. In case of advance payment, it must be made within seven days, otherwise the order will be automatically canceled. In case of collection, the goods can also be paid in cash. In return, the customer will receive a payment confirmation with the note "paid in cash".
4.2 Any order placed through the boutique is payable immediately, subject to the following provisions.
4.3 For orders placed via the individual consultation service, the terms of payment will be confirmed in the separate order confirmation.
4.4 The customer shall only be entitled to rights of set-off or retention insofar as the claim is legally established or undisputed. This shall not affect the customer's counter rights in the event of defects in the delivery.
5. Delivery & transfer of risk
5.1. rocktherooms restricts deliveries to the territory of Switzerland and the Principality of Liechtenstein. Deliveries are made directly to the delivery address and contact person provided by the customer.
5.2 Delivery is made on condition that the ordered goods are in stock. Rocktherooms strives to serve customers to their full satisfaction and to process and ship the order received as quickly as possible. Shipments may be delivered in partial shipments. Any delay in delivery will not result in a reduction of the sales price. Rocktherooms also assumes no liability in case of undeliverability or delivery delay. In case of unjustified refusal to accept the goods delivered by rocktherooms, rocktherooms shall charge the customer for the costs incurred.
Due to limited quantities, it may happen that ordered items exceptionally can not be delivered. In such a case, the customer will be informed immediately and is entitled to withdraw from the contract. Due to the non-delivery, the customer has no right to compensation. Any payments made for products that cannot be delivered will be refunded to the customer.
5.3 Our performance is a fate debt and is fulfilled with the handover to the transport company. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We shall not be liable for any fault on the part of the transport company used.
5.4 The delivery times stated in the boutique or in the order confirmation in accordance with Clause 2.3 are calculated from the time of the order confirmation.
5.5 In the cooperation with various suppliers, it may occur that certain products are shipped directly from the supplier's warehouse. In that case, the costs of any customs and delivery fees shall be borne by rocktherooms. The customer will be informed in advance by rocktherooms.
6. Complaints, liability for defects
6.1 The customer is obliged to inspect the delivered products upon arrival and to immediately notify rocktherooms at info@rocktherooms.ch of any defects detected. If the customer fails to do so, the products are considered approved. Approval shall be deemed to have been granted in any case, unless the customer has submitted a notice of defects by e-mail to customer service within 5 days after delivery.
6.2 Defects that were not recognizable during proper inspection in accordance with the above paragraph must be reported to rocktherooms immediately after discovery by e-mail to info@rocktherooms.ch, otherwise the ordered products shall also be deemed approved with regard to these defects. Illustrations and content plans in the boutique may differ slightly from the delivered product due to different computer settings and do not constitute a defect.
6.3 The defective product shall be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the customer by e-mail after receipt of the written complaint. The transport costs incurred shall be borne by the customer.
6.4 Rocktherooms shall endeavor to remedy any defects. Rocktherooms reserves the right to remedy the defect by supplementary performance or by eliminating a defect (rectification) or by delivering a defect-free product (replacement). This shall be done after inspection and decision by rocktherooms. Replaced products become the property of rocktherooms.
6.5 If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. A right of the customer to a 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. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR.) etc.
6.6 Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty:
Especially worn, used, dirty or damaged items are excluded from warranty.
6.7 rocktherooms does not grant the customer any guarantees in the legal sense. Manufacturer's warranties remain unaffected by this, of course. Rocktherooms assumes no liability for the descriptions of third parties, in particular customers in the context of the customer reviews published in the boutique or the rocktherooms social media presences.
7. Right of return
7.1 The customer has the right to return the delivered goods during 7 calendar days (from the date of delivery or receipt confirmation). The return deadline is met if the goods are handed over to the post office or another shipping company for return on the last day.
7.2 The goods must be returned in perfect condition, in their original packaging, complete with all accessories and accompanied by the completed delivery note/return bill and any warranty certificate. Sealed and plastic-welded products can only be returned in unopened condition. Any seal must not be broken. Excluded from the right of return are worn, dirty, damaged or bad smelling products. If there is uncertainty about the timely return, this must be evidenced by an appropriate postal receipt.
7.3 The goods must be returned to the following address, enclosing the completed return slip included in the delivery and a copy of the invoice, which the customer has received by e-mail:
Rocktherooms
c/o Bircher Consulting GmbH
Vorderbergstrasse 24e
CH 6318 Walchwil
7.4 The customer bears the costs of the return. Shipping costs and gift wrapping costs will not be refunded. Promotional and discount vouchers are also not refundable. If the goods are not returned in proper condition, rocktherooms shall charge the customer for the loss in value incurred. Excluded from this are orders or partial orders that are sent directly from a supplier of rocktherooms. These are to be returned directly to the supplier with the delivery bill enclosed in the package. The costs for the return shipment are also borne by the customer.
7.5 In case of proper return of the goods, the customer will be refunded the total price paid after deduction of the delivery costs and any fees after inspection of the goods. A refund will always be made to the means of payment used for the purchase.
8. Liability
8.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the buyer - regardless of the legal ground - are excluded to the extent permitted by law. Rocktherooms, its employees and suppliers shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, lost profits or other financial losses of the customer.
9. Data protection
9.1 The collection and processing of customers' personal data by rocktherooms is explained in the privacy policy. This forms an integral part of the contract of these GTC. Click here to go directly to the Privacy policy.
9.2 The Customer hereby consents to the storage of the personal data entered by him in the course of using the Website. This also applies to the storage of IP addresses, which are transmitted each time the website is used. The customer also consents to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be passed on to the advertisers.
9.3 The customer further agrees that rocktherooms may use personal data of the customer for direct marketing purposes. This includes directly addressing the customer by e-mail and by mail.
9.4 By accepting the GTCs, the Customer confirms the accuracy of the information provided.
10. Severability clause & reservation of right of modification
10.1 Should individual provisions of these GTC be invalid or incomplete or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be replaced by a permissible valid provision which, according to its content, comes closest to the original intention and the economic purpose pursued thereby.
10.2 Rock the Rooms reserves the right to adapt the GTC at any time. The version that was displayed and accepted during the order process is authoritative.
11. Applicable law / place of jurisdiction
Swiss law shall apply exclusively. The place of jurisdiction is the ordinary courts at the registered office of rocktherooms, c/o Bircher Consulting GmbH in Zug.
12. Contact contractual partnersONTACT CONTRACTUAL PARTNERS
info@rocktherooms.com
Operator of the boutique at www.rocktherooms.ch and is a contractual partner:
Rock the rooms
c/o Bircher Consulting GmbH
Vorderbergstrasse 24e
CH-6318 Walchwil
Imprint
Rock the rooms
c/o Bircher Consulting GmbH
Vorderbergstrasse 24e
CH-6318 Walchwil
Phone: +41 (0)79 412 99 29
Headquarters: 6318 Walchwil (ZG)
VAT number: CHE-226.026.568 VAT
Intangible assets and other rights
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Disclaimer
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