General Terms and Conditions
1. scope of application
1.1 These General Terms and Conditions apply to all orders placed by customers via the online shop of La Gazza AG, Birmensdorferstrasse 15, 8966 Oberwil-Lieli, UID no. CHE-107.870.451, hereinafter referred to as La Gazza AG.
1.2 With the confirmed order, these General Terms and Conditions are deemed to be accepted by the customer.
2. offer and conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to order.
2.2 By clicking the button (Order), the customer places a binding order for all products listed on the order page.
2.3 Immediately after receipt of the order, La Gazza AG confirms the order by e-mail. The purchase contract is concluded immediately in the case of non-physical goods and upon delivery in the case of physical goods.
3. prices and shipping costs
3.1 The prices stated on the product page are exclusive of statutory VAT and other price components (postage, packaging) and are quoted in Swiss francs (CHF).
3.2 The exact shipping costs are shown to the customer during the ordering process. All consignments are delivered by courier/post or lorry at the discretion of La Gazza AG under the following conditions. Orders with a value of goods of CHF 490 or more will be delivered free domicile within Switzerland and Liechtenstein. If the value of the goods is less than CHF 490, the customer will be charged the following shipping costs: CHF 25 for dispatch by courier/post (depending on volume and weight), CHF 60 for dispatch by lorry. Collection possible by arrangement. We charge CHF 15 for the provision of the goods. Fragile products (e.g. aperitif biscuits etc.) cannot be sent by courier/post.
3.3 La Gazza AG reserves the right to change prices at any time. Customers are subject to the prices published on the website on the order date.
4. terms of delivery
4.1 Physical goods are delivered within Switzerland and Liechtenstein.
4.2 Unless otherwise stated in the offer, the delivery time for Switzerland and Liechtenstein is 1 to 3 working days. If a longer delivery period is necessary, the customer will be informed at the latest after this period has expired. If no information is provided, the customer is entitled to waive the delivery.
4.3 If not all ordered products are in stock, La Gazza AG is authorised to make partial deliveries.
4.4 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, La Gazza AG may withdraw from the contract. Any payments made will be refunded immediately.
5. terms of payment
5.1 For customers in Switzerland and Liechtenstein, payment can be made in advance, by credit card, Twint or invoice. La Gazza AG reserves the right to request advance payment from new customers.
5.2 In the case of payment by invoice, the payment period is 30 days. If payment is not made, La Gazza AG is entitled to charge the defaulting customer for its expenses in the dunning process. We reserve the right to take steps under debt enforcement law.
5.3 Offsetting against unrecognised or not legally established counterclaims of the customer is excluded.
5.4 The customer may only exercise a right of retention insofar as the claims are based on the same contractual relationship.
6. reservation of title
The goods remain the property of La Gazza AG until payment has been made in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without the consent of La Gazza AG.
7. right of cancellation
7.1 Consumers have the right to cancel the contractual declaration within 14 days of receipt of the goods. The cancellation must be sent to La Gazza AG in writing by e-mail, fax or letter. The time of dispatch of the cancellation is decisive for compliance with the deadline. It is not necessary to give reasons for the cancellation. The cancellation must be sent to:
La Gazza AG, Birmensdorferstrasse 15, 8966 Oberwil-Lieli (Switzerland) / E-Mail: info@lagazza.ch
7.2 The exercise of the right of cancellation leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract must be refunded. The consumer must return the goods received with the original packaging to La Gazza AG within 14 days of declaring the cancellation. The cost of returning the goods shall be borne by the consumer.
7.3 After receipt of the goods, the purchase price, if already paid, will be refunded to the consumer immediately. A deduction from the purchase price to be refunded for possible damage or excessive wear and tear of the goods is reserved. No deduction will be made if the loss in value is due to the handling of the goods necessary to establish their nature, condition and functionality. La Gazza AG may refuse repayment until the goods have been received back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.
7.4 The right of cancellation is excluded for the following items:
Customised company solutions that are clearly tailored to the customer's personal needs
Digital content whose fulfilment takes place at the same time as the order and which is not delivered on physical data carriers
Services that have already been fully rendered or whose execution has already begun
8 Warranty and liability
8.1 La Gazza S.A. warrants that the goods correspond to the warranted characteristics, have no defects that impair their value or suitability for the intended use and comply with the prescribed services and specifications. La Gazza AG reserves the right to rectify an existing defect or to deliver a defect-free item as part of a repair or replacement delivery.
8.2 The buyer must inspect the delivered goods as quickly as possible. Any transport damage and defects must be reported to us immediately after discovery, but at the latest within three working days of receipt of the consignment.
8.3 If rectification or subsequent delivery fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. The customer's right to a reduction in price is excluded.
9. passwords/secrecy
In the case of products made available online, the customer undertakes to treat the access data provided for the system and the passwords set up for this purpose as strictly confidential and with the utmost care. La Gazza AG reserves the right to terminate the user authorisation immediately if it discovers multiple use of access data by an individual authorised user.
10 Copyright
The content and structure of the products published by La Gazza AG and the entire website are protected by copyright. The use of articles and work aids for personal use by the customer is permitted, but full or partial commercial distribution requires the express consent of La Gazza AG.
11. liability
La Gazza AG excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes. La Gazza AG accepts no responsibility for errors for which it is not responsible, namely those of telecommunications service providers, the hosting provider or other third-party service providers. References and links to third-party websites are outside our area of responsibility. Any responsibility for such websites is rejected. Access to and use of such websites is at the user's own risk.
12 Place of jurisdiction and applicable law
The contractual relationship between the customer and La Gazza AG shall be governed by Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. The ordinary court in Aarau shall have jurisdiction over any disputes arising from this contractual relationship.
13. final provisions
Should parts of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced mutatis mutandis by the relevant statutory provisions.