GENERAL CONDITIONS
GENERAL CONDITIONS FOR THE SALE OF PRODUCTS AND SERVICES
1. Scope of application
These general terms and conditions of business (GTC) govern the conclusion, content and execution of contracts between ALCO SA for its MU Glass-Art brand (hereinafter referred to as MU) and its customers (hereinafter referred to as customer/customers) in relation to the sale of products and services (hereinafter referred to as product/products) on the mu-glass.art platform.
2. Ordering products
2.1 Customer Obligations
The customer undertakes to provide truthful information when ordering products. Persons under 18 years of age or persons who do not have full legal capacity confirm, by their order, that they have obtained the consent of their legal representative with regard to the conclusion of the corresponding transaction.
2.2 Password
The customer undertakes to carefully keep his personal password to access his user account. Any liability of MU resulting from non-compliant or abusive use of the password is excluded.
2.3 Order registration
We are not obliged to accept the registration or order of a registered customer. We are not obliged to keep our offer available permanently. Orders already confirmed by us are not affected by this.
3. Conclusion of contract and revocation
3.1 Conclusion of contract
The presentation of the products on mu-glass.art is considered an offer. The contract comes into effect upon ordering the products, respectively sending the order confirmation.
3.2 Revocation
The contract between MU and the customer comes into effect upon conclusion of the order on mu-glass.art.
Any revocation is excluded from that moment on.
4. Delivery of ordered products
4.1 Delivery location and stock
The delivery of products takes place in principle worldwide from Switzerland and within the limit of available stocks.
Delivery is carried out in principle by DHL.
4.2 Delivery times
The mention "available" means that the product is available on our online store. However, delivery times may apply. When delivery times are indicated in working days, these correspond to all days of the week with the exception of Saturdays, Sundays and legally recognized public holidays in Switzerland (delivery country).
4.3 Delivery problems
In the event of any delivery problems, the customer will be informed immediately. If the product is not or no longer available (see section 4.1), the delivery period will be extended appropriately. The same applies in the event of force majeure preventing delivery. The following are considered to be cases of force majeure: strikes, lockouts, government intervention, shortages of raw materials or energy, transport difficulties for which we are not responsible, operational impediments for which we are not responsible, e.g. due to fire, floods or damage to machinery and any other impediments that can objectively be considered as not being our responsibility or fault. We will inform you immediately of the beginning and end of such impediments. If the impediment resulting from the aforementioned cases persists for more than 6 weeks beyond the originally planned delivery period, you are then entitled to withdraw from the contract. Any further claims, in particular for damages, are excluded.
The amounts already paid by the customer are refunded upon cancellation of the order, less administrative costs (CHF 80.-) and collection costs (3%). Any additional claims by the customer are excluded, in particular claims for replacement of damage due to late delivery or for damages.
5. Prices and payment terms
The delivery costs are mentioned in the appendix "Delivery conditions". Against the withdrawal of the products, the customer pays MU, within 30 days and to the account indicated in the invoice, the price in force published under mu-glass.art at the time of conclusion of the contract.
If, at the end of the payment period, a reminder must be made, a flat-rate compensation of CHF 20.00 will be invoiced to the customer of the online shop for the 2nd reminder and for each new act for the recovery of the debt. The ability to assert additional costs, in particular the totality of the costs of prosecution and trial, remains reserved.
If the online shop customer is late with his payments, he must pay a late payment interest of 7% per year, excluding all other costs.
Until full payment, the products remain our property.
6. Types of Payments
The customer can choose between several types of payment. If the customer pays by credit card, he authorizes MU to assign his claims to the corresponding credit card company. In this case, the conditions of the credit card agreement apply.
7. Warranty and liability
Warranty claims are only considered in the event of a fault on our part.
7.1 Guarantee
If the product is defective, the customer may exchange it for a faultless product provided that the defect has been reported in good time (see section 7.2). If no replacement can be offered to the customer, the latter has the right to withdraw from the contract and claim reimbursement of the purchase price against return of the product provided that the provisions of section 7.2 are met.
These warranty benefits replace the warranty claims and therefore the replacement of the resulting damage according to the Swiss Code of Obligations..
7.2 Defects
For all purchases on mu-glass.art, MU grants an optional right of return valid for a total of 8 days from the delivery of the products. The products must be checked upon receipt. In all cases, defects must be reported immediately in writing (in electronic form or on paper) and accompanied by photos to MU as soon as they are identified but no later than 8 days after delivery of the goods. Once the defect has been reported and after prior agreement with MU, the defective product must be sent to the contact address according to section 9.6. The costs of the return shipment are borne by the customer.
Returns of goods without a reason or prior agreement from us will not be accepted. In the event of a complaint/return, the products must be returned within 8 days from the delivery date with the indication of the delivery note number and the acceptance form provided by MU. Only returns in their original packaging, products in good condition, will be accepted. Specially manufactured products cannot be taken back. For a return within 8 days from the delivery date, the credit amount is 95% of the invoice amount. After the 8th day, no credit is granted. The exercise of the right of return is subject to the condition that the customer has not used the products and that he returns the products complete and undamaged in their original packaging. The right of return is not applicable when purchasing products on promotion or subject to a special action. Also excluded are all custom-made products. It is also not applicable in the case of delivery of products which are not suitable for return due to their nature.
7.3 Responsibility
MU shall not be liable for any damages arising from improper installation, handling or use of the products, as well as from delivery delays or from the quality or loss of data made available to the customer. Our liability is limited to the quality of the products supplied. In the event of defective quality of a product, only its original value will be reimbursed and we shall not be liable for damages for other damages. We shall not be liable under any circumstances for damages caused by failure to follow the instructions for use, improper and/or unsuitable use of a product. A test carried out by the customer will enable them to determine whether the product is suitable for their use. We only give general recommendations on our products. Each user or consumer explicitly assumes all risks associated with the use of the product and is liable for any damages that may result from it.
7.4 Refund
Reimbursement is always made to the payment method used by customers.
8. Data protection and data security
8.1 Protection of personal data
MU respects the personal data of its customers when entering and processing orders, in accordance with the provisions of Swiss data protection legislation. It takes all reasonable precautions on an economic, technical and organizational level to ensure that the data received in the context of order processing are effectively protected against unauthorized access by a third party.
8.2 Data processing
In order to prepare a market-compliant offer, the customer agrees that MU may use all registration and usage data for market research purposes and that the customer's name and contact details may be used for marketing purposes (e.g. referrals). MU may allow third parties to access such data in an anonymous form with user information, respectively create user statistics and transmit these statistics to third parties.
8.3 Transmission of personal data
Personal data is transmitted to third parties by MU only if this is necessary for the fulfilment of the contract. In this context, third parties may neither transfer the personal data transmitted by MU nor use it for their own purposes.
If personal data must be transferred abroad for the purpose of fulfilling the contract, MU undertakes to bind third parties by contract in relation to the provisions set out in point 8 above.
9. Final provisions
9.1 Third Party Integration
MU may permanently call upon third parties to provide its services.
9.2 Changes in the general terms and conditions of business
MU may permanently modify these general terms and conditions of business.
9.3 Severability clause/Partial nullity
Should one or more of these provisions be void or inapplicable, the validity of the other provisions shall not be affected. In this case, MU shall replace the void or inapplicable provisions with economically equivalent valid provisions. The same shall apply when supplementing any deficiencies in the contract.
9.4 Original text
These general terms and conditions of business are written in several languages. In the event of a contradiction, the French version shall prevail.
9.5 Jurisdiction and applicable law
Swiss law is exclusively applicable to contractual relations.
The exclusive place of jurisdiction is Lausanne, Vaud.
9.6 Contact address
MU GLASS ART
ALCO SA
Place des Ateliers 1
case postale 2
CH-1022 Chavannes-près-Renens
email: create@mu-glass.art
Edition: november 2024
© ALCO SA 2024
