The following General Terms and Conditions (GTC) govern
the contractual relationship between the company innovarte,
owned by Gianluca Febo, Via Ör 16, 6949 Comano, Ticino,
Switzerland, VAT 704 680, and the users and contractors
(hereinafter referred to as Œbuyers‚) who have
chosen to use the Internet offer provided by http://innovarte.ch/elegance_pro_modacqui.htm
1. Conclusion of contract
(1) The online offers from innovarte represent a non-binding
invitation to the buyer to order articles from the elegance
line.
(2) By ordering innovarte elegance products via the Internet,
the buyer makes a binding offer to conclude a contract.
2. Payment modalities
(1) Payment can be made in advance, by credit card or
bank transfer. We reserve the right to accept or decline
certain payment methods in individual cases.
(2) In the case of payment via the automatic bank transfer
system, the amount due will be debited within one week
of concluding the contract and the selected product(s)
will be delivered. If you pay by credit card, the purchase
price will be charged after shipment of the goods.
3. Delivery
(1) Delivery is performed through shipment of the ordered
product(s) to the address indicated by the buyer.
(2) The price indicated for the selected product(s) does
not include shipping costs or VAT (7.6%), which will be
added onto the bill. For deliveries outside Switzerland,
shipping costs will be charged as indicated on the invoice.
If more than three articles are purchased, the shipping
costs may vary according to the weight of the package.
In such a case it is the responsibility of innovarte to
inform the buyer of the shipping costs for the product(s)
ordered. Should the buyer request a special mode of delivery
which would incur higher costs, the buyer must pay these
surcharges.
4. Prices
The price indicated for the selected product(s) is understood
as the final price, excluding VAT (7.6%) and shipping
costs.
5. Rescission
(1) innovarte is entitled to rescind the contract, or
to suspend outstanding deliveries or services if the buyer
has made false claims regarding his creditworthiness or
there is evidence of the buyer’s insolvency (e.g.
if bankruptcy proceedings have been instigated against
the buyer or such proceedings have been closed due to
lack of assets).
(2) In the case of a partial rescission, any deliveries
or services already rendered are to be charged and paid
according to the terms of the contract. The right is reserved
to claim compensation.
6. Guarantee
(1) Guarantee to users:
innovarte guarantees that all products are transferred
to the shipping agent in perfect condition. Should a product
reach the buyer in a damaged condition, the buyer must
notify the shipping agent of this damage upon receiving
the goods. innovarte shall be responsible for dispatching
a new delivery.
(2) Guarantee to contractors:
a) If a purchase constitutes a commercial transaction
for both innovarte and the buyer, the buyer must check
the product(s) delivered for any deviations in quality
or quantity and advise innovarte of any deficiencies noticed
within one week. Otherwise no claim can be made under
the guarantee. Concealed defects must be notified to innovarte
in writing within one week after their discovery. To comply
with the period in which a claim can be made it is sufficient
to notify innovarte in good time. In such a case, the
buyer bears the burden of proof of eligibility to claim,
particularly regarding the damage itself, the point in
time that the damage was noticed and the prompt notification
of claim.
b) In the case of damage, innovarte will make a replacement
delivery.(3) If innovarte subsequently delivers a damage-free
product to fulfil its contractual obligations, innovarte
can demand the return of the damaged product(s).
(4) Damage caused to the product(s) while on display or
during storage which is due to improper handling on the
part of the buyer or contrary to the contractual conditions
does not constitute grounds for a claim against innovarte.
7. Liability Restrictions
Based on the current state of our technology, it is not
possible to guarantee faultless data communication through
the Internet, nor safeguard constant availability. We
are not liable for the constant availability of our Internet
Shop.
8. Transaction security
Secure e-commerce
This new security system demands that cardholders identify
themselves for each Internet transaction, as they do for
withdrawals at the cash dispenser. Both customers and
owners of online shops benefit from this new security
standard, which can effectively prevent the misuse of
credit cards and therefore clearly reduce the risk of
fraud for all concerned.
9. Privacy
The personal data provided on the payment form will neither
be used by innovarte for promotional purposes nor be communicated
to third parties, but will remain exclusively linked to
the product(s) which the buyer has ordered online.
The data provided will be kept in an archive to which
only those responsible, the General Manager and the staff
processing the order shall have access. The data will
be neither published nor made generally accessible. innovarte
will not send any e-mails for the purpose of direct sales
without the prior agreement of the buyer concerned.