AGB
Introduction
The sale of MUTSCHGI branded products executed remotely through this website is governed by the following terms and conditions (“Terms of Service”).
This website is operated and the products are sold by MUTSCHGI. The terms “we”, “us” and “our” refer to MUTSCHGI. MUTSCHGI is a brand that is owned and operated by a sole proprietorship (cf. Contact Information).
By visiting our website and/ or purchasing something from us, you engage in our service and agree to be bound by the Terms of Service, including those additional terms and conditions as well as policies referenced herein (cf. Refund Policy and Privacy Policy in particular). These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions as mentioned herein, then you may not access the website or use any services.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
The language used for the conclusion and execution of the sale contract through the website is English. For the purpose of interpreting the Terms of Service, English is the authoritative language. Same applies for the Refund Policy and Privacy Policy.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products or this website for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
You understand that your content (not including credit card information), may be transferred unencrypted and involve a.) transmissions over various networks; and b.) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Product availability
You acknowledges that the products offered by MUTSCHGI on the website are limited in number and that you are therefore aware that MUTSCHGI shall need to check their availability at the time of the purchase. The products are subject to return or exchange only according to our Refund Policy.
Occasionally the availability of certain products may incur inconveniences. In such circumstances, MUTSCHGI will inform you promptly by email that the order placed has been cancelled. In the event the order is only partially available, MUTSCHGI will inform you about that as well. MUTSCHGI reserves the right to vary the articles sold on the website at any time, without any notice.
We have made every effort to display as accurately as possible the colors, sizes and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Purchasing process
The purchasing process is completed as soon as you press the relevant final order confirmation button. After pressing the relevant final order confirmation button, the contents of the order may no longer be modified by you.
Before confirming the order, you are required to confirm that you read and accepted the Terms of Service. At the end of the purchasing process, it is advisable that you save or print off the Terms of Service.
Execution of contract
The order placed by you shall be processed by MUTSCHGI only if the entire purchasing process has been duly completed, without any error being reported by the website.
After placing the order, you will receive an email acknowledging that MUTSCHGI has received the order. However, this does not mean that the order has been accepted by MUTSCHGI. The contract by and between MUTSCHGI and you shall be deemed to have been executed as soon as you receive a email confirming the product‘s description and main features, the total order price, including any shipping costs.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In addition, MUTSCHGI reserves the right to not accept the order placed by you in the following events: a.) the products included in the order are unavailable; b.) you breached the Terms of Service; c.) it emerged that you purchase the products in order to resell them or sell them for commercial or professional purposes without prior written consent of MUTSCHGI; d.) you have been involved in, or is suspected of, illegal or fraudulent activities.
In such events, MUTSCHGI will inform you by email, within 30 days from the date of receipt of the order, of the cancellation of the order received. In such case, no order shall be deemed to have been accepted by MUTSCHGI.
Price and method of payment
The prices of all products offered for sale on this website are inclusive of Swiss VAT, if applicable. MUTSCHGI reserves the right to modify the prices of the products offered for sale on the website at any time and without notice.
MUTSCHGI only accepts credit cards and the payments methods expressly indicated on the website.
For the purpose of credit card payments, you confirm and warrant that you are the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
For the purpose of payment through other payment service providers, you confirm and warrant that you are the owner of the account used for the purchase.
The purchased products will only be shipped after due payment of the amount owed by you.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, inaccuracies and omissions
Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: a.) for any unlawful purpose; b.) to solicit others to perform or participate in any unlawful acts; c.) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; d.) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e.) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f.) to submit false or misleading information; g.) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; h.) to collect or track the personal information of others; i.) to spam, phish, pharm, pretext, spider, crawl, or scrape; j.) for any obscene or immoral purpose; or k.) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Delivery
After placing an order it will be dispatched within 1-5 business days.
The products will be delivered to the address indicated by you. Your signature shall be requested upon delivery of the products. Shipping costs will be indicated expressly and separately from any other costs or expense.
As soon as the purchased products are shipped, you will receive an email to the address indicated in the order. Such email shall contain a shipment tracking code and an exclusive link that will allow you to monitor the delivery. MUTSCHGI‘s client service will provide assistance required for any potential problem relating to the delivery. You can contact MUTSCHGI‘s client service by email at: info@mutschgi.com.
You will bear the risk of loss or damage to the products from the moment in which the products are handed over to the carrier. MUTSCHGI shall not be liable for any loss or damage to the products during transport. You are responsible for the transport and insurance of the products.
Product conformity
At the time of delivery, you are required to check the products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. In the event of existence of manufacturing defects or lack of conformity, you are entitled to demand that the products conformity be restored either through fixing or replacement of the product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, you may request a congruous reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that you shall lose such right if you not notify us via email at info@mutschgi.com the lack of conformity of the product within 7 days of the date the defect was discovered.
Return and refunds
For returns and refunds please check our Refund Policy.
Disclaimer of warranties and limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MUTSCHGI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless MUTSCHGI and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing law and jurisdiction agreement
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Switzerland.
For all disputes arising out of or in connection with this contract, including its interpretation and validity, breach or termination, the competent court in Meilen, Switzerland, shall have jurisdiction.
Contact information
Questions about the Terms of Service should be sent to us at info@mutschgi.com.
Last updated: 1 July 2023