GTC - General Terms and Conditions
for the purchase of products via www.unicatmb.com
For your convenience, we have translated the German version of this page into Catalan, Italian and English. This translation are for informational purposes only, and the definitive version of this page is the German version.
1. Scope and contractual partner
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1.1 These general terms and conditions (GTC) apply to all orders that customers place via the operator's online shop www.unicatmb.com . As part of the ordering process, the customer accepts the GTC in the version valid at the time of the order. Oral agreements must be confirmed in writing or by email to be binding.
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1.2 The operator of the online shop and contractual partner of the customer is:
UniCat by Mima-B Montserrat Baldegger (VAT CHE-180.019.774)
Saegeweg 3
9242 Oberuzwil
Switzerland
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2. Offer and conclusion of contract
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2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. Service descriptions in catalogues and on the operator's websites do not have the character of an assurance or guarantee. We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. We reserve the right to correct any errors, inaccuracies or omissions, any time without prior notice. The operator cannot guarantee that the products offered in the online shop are available at the time of the order; it is regularly unique ( "UniCat").
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2.2 By clicking the " Order " button and paying according to section 5 below, the customer submits a binding order for all the products listed on the order page or in the shopping cart.
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2.3 After receipt of the order and payment, the operator usually confirms the customer's order within 2 working days by e-mail or sends the ordered products to him in accordance with Section 4.2. The purchase contract between the customer and the operator is thus concluded (in every variant).
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3. Prices and shipping costs
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3.1 The prices listed in the online shop are shown in Swiss francs including VAT.
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3.2 The price includes the costs for packaging and shipping in Switzerland.
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3.3 The operator reserves the right to change the prices at any time. The prices published on the online shop on the order date apply to the customer.
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4. Terms of delivery and shipping
4.1 The products are delivered within Switzerland.
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4.2 Unless otherwise stated in any e-mail confirmation from the operator, the products are generally dispatched within 2 working days of the order being placed by Swiss Post. If not all of the products ordered are available, the operator is entitled to make partial deliveries. Unless otherwise agreed, the shipment will be made with B Post.
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4.3 Should the delivery of the products fail through the fault of the customer despite three delivery attempts, the operator can withdraw from the contract. Any payments already made will be refunded.
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4.4 If the product ordered by the customer (especially UniCat) is no longer available, the operator will notify the customer by email. A contract is not concluded in this case. Any payments already made will be refunded.
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5. Payment terms
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5.1 The operator only delivers the products to the customer against prepayment in accordance with the payment options granted on her online shop (credit and debit cards: Visa, Mastercard, American Express, among others).
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5.2 If, in exceptional cases, the operator delivers on account (e.g. for additional postage charges incurred due to subsequent shipping), the invoice must be paid within 10 days of receipt of the products with the attached payment slip. The first payment reminder (reminder) will be sent by email or post 20 days after the invoice date and the second reminder will be sent 30 days after the invoice date. The operator has the right to charge reminder fees of CHF 30.00 per reminder from the first reminder.
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5.3 Offsetting by the customer with claims that have not been recognized by the operator or have not been legally established is excluded.
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6. Retention of Title
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The delivered products remain the property of the operator until full payment has been made. Prior to the transfer of ownership, pledging, assignment by way of security, processing or redesign is not permitted without the operator's written consent.
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7. Warranty
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7.1 The customer must check the product delivered as quickly as possible and report any defects to the operator within 5 days by email to MimaB@bluewin.ch .
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7.2 The operator guarantees the customer for the product supplied in accordance with Art. 197 ff OR. Other provisions of these terms and conditions remain reserved. The warranty period begins on the day the products are delivered.
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7.3 Excluded from the warranty are in particular damage that occurs as a result of improper use, natural wear and tear, excessive use, poor maintenance or changes made by the customer or third parties.
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7.4 The operator settles justified warranty claims by repairing the defective product or - with the consent of the customer - by delivering a replacement product that is as similar as possible to the product ordered (Piece Unique-"UniCat"). If subsequent improvement or any replacement delivery fails, the customer is entitled to withdraw from the contract.
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8. Liability
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Subject to the claims of the customer in accordance with section 7, any warranty or liability of the operator is excluded and excluded to the extent permitted by law. In particular, the operator is not liable for negligent (consequential) damage. Furthermore, the operator assumes no responsibility for errors that are not in their area of ​​responsibility, but rather with telecommunications service providers, hosting providers or other third-party service providers (e.g. Swiss Post).
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9. Copyright
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The content and structure of the online shop and the products published there are protected by copyright.
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10. Final provisions
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10.1 The offer in the online shop is subject to change and non-binding.
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10.2 Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the effectiveness of the other provisions. The parties undertake to work together in good faith to replace an ineffective provision with another provision that comes as close as possible to the original purpose.
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10.3 The contract between the customer and the operator is subject to Swiss substantive law. The place of jurisdiction for disputes arising from or in connection with the contract is CH-9242 Oberuzwil.
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GTC V1 (01.01.2023)
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