General Terms and Conditions
General Terms and Conditions
Status: 06-2021
1. scope of application
These General Terms and Conditions (GTCs) apply to all orders placed by customers residing in Switzerland or the Principality of Liechtenstein via the online shop of BS-Lifestyle-GmbH, Langegasse 45, 4104 Oberwil, www.sedusia.ch, hereinafter referred to as SEDUSIA .
2.Offer and conclusion of contract
2. 1 The presentation of the products in the online shop www.sedusia.ch does not constitute a legally binding offer, but an invitation to the customer to place a binding order (offer to conclude a contract).
2. 2 By clicking on the order button, the customer places a binding and chargeable order for the products listed on the order page.
2. 3 Immediately after receipt of the order, SEDUSIA shall confirm receipt of the order by e-mail. The purchase contract is concluded when SEDUSIA confirms the receipt of the order (confirmation of receipt) or the dispatch of the goods by email (order or dispatch confirmation) or at the latest by delivery of the goods.
3. Right of return
3.1 Customers have the right to return the goods within 30 days of delivery of the goods. The return must be sent to SEDUSIA, BS-Lifestyle-GmbH, Langegasse 45, 4104 Oberwil.
3. 2 The right of return is excluded for the following products:
- Sex toys
- underwear
- lingerie
- Fetish products (vinyl, leather & latex)
Regardless of the type of goods, returns are generally excluded if the original packaging has been damaged during opening.
3.3 The exercise of the right of return leads to the conversion of the purchase contract into a cancellation relationship, according to which the services received as part of the purchase contract are refunded. The consumer shall bear the costs for the return shipment.
3.4 After receipt of the goods, any purchase price already paid will be refunded to the customer.
3. 5 A deduction from the purchase price to be refunded or an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs of the goods shall be reserved. No deduction shall be made if the loss in value is attributable to handling of the goods necessary to establish their nature, condition and functionality. [The seller] may refuse repayment until it has received the goods back or until the goods have been returned. until the customer has provided proof that he has returned the goods, whichever is the earlier.
4. Prices and shipping costs
4. 1 The prices stated on the product page include VAT and other price components and are quoted in Swiss francs (CHF).
4. 2 All orders are dispatched free of charge by Swiss Post. For orders with an order value of less than CHF 40, we charge a minimum quantity surcharge of CHF 10.
5. Terms of delivery
5. 1 Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
5. 2 Unless otherwise stated in the offer, the standard delivery time is 1 working day.
5. 3 If not all ordered products are in stock, SEDUSIA is entitled to make partial deliveries. The customer shall not incur any additional costs due to partial deliveries
5. 4 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, SEDUSIA may withdraw from the contract. SEDUSIA will charge the customer for any return consignments by the post office that are subject to a tax and that arise as a result of the customer refusing to accept them.
6. Terms of payment
6. 1 Payment shall be made by invoice, prepayment, Paypal, Postfinance, VISA or Mastercard.
6. 2 If advance payment is selected, SEDUSIA shall state its bank details in the order confirmation. The invoice amount must be transferred to SEDUSIA's account within 10 days.
6. 3 If payment is made by credit card, the customer's account shall be debited [upon dispatch of the goods] unless otherwise agreed. A reservation of the order value is made at the time of the order.
6. 4 Offsetting against counterclaims of the customer that are not recognised or have not been legally established is excluded.
6.5 The Customer may only exercise a right of retention insofar as the claims are based on the same contractual relationship.
7 Payment by invoice with the CembraPay instalment facility
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General information
- These General Terms and Conditions (hereinafter: "GTC") govern the legal relationship between you and CembraPay AG (Bändliweg 20, 8048 Zurich, hereinafter: "CembraPay") regarding the payment option "CembraPay Invoice with instalment facility" (hereinafter: "Payment Option").
- By applying for the payment option, you confirm that you have read and understood the GTC and agree to them.
- The payment option is available to natural persons with legal capacity residing in Switzerland or Liechtenstein and legal entities domiciled in Switzerland.
- You must have a Swiss bank account in order to fulfil your payment obligations under this contract.
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Identity and credit check
- The conclusion of a contract between you and CembraPay via the "CembraPay invoice with instalment facility" requires a positive identity and credit check.
- The identity and credit check is carried out by Intrum AG.
- Your personal data will be processed in accordance with section 10.
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Receivables from purchase and/or service contracts
- You undertake to pay CembraPay for all receivables resulting from purchases from affiliated merchants plus any outstanding amounts. any interest and fees for which you have selected the payment option.
- The merchant assigns its claim from the underlying transaction (purchase and/or service contract) to CembraPay. The assignment of the claim by the merchant and the invoicing by CembraPay have no novating effect.
- The purchase and/or service contract concluded between you and the merchant is concluded exclusively between you and the merchant and its fulfilment is governed by the terms and conditions agreed therein. Customer enquiries of all kinds concerning the goods/services, discrepancies, complaints, delivery times, cancellations, objections, shipments, returns, warranty claims, credit notes, objections and claims by you against the merchant, etc. (hereinafter referred to as "objections and defences") shall be dealt with exclusively between you and the merchant. (hereinafter referred to as "defences and objections") must be addressed exclusively to the retailer. Defences and objections against the merchant do not release you from the obligation to pay CembraPay in full. Notwithstanding such defences and objections, you must pay the entire invoiced amount to CembraPay. CembraPay will not refund invoices already paid by you to CembraPay, except for credit notes confirmed by the merchant to CembraPay.
- If you do not inform us immediately of any change of address, we will charge you CHF 30.00 for address research.
- Any returns of goods must be made to the merchant. Returns of goods to CembraPay will be forwarded to the merchant at the merchant's expense. A processing fee of CHF 25.00 may be charged for processing and forwarding.
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Terms of payment
- The invoice(s) will be sent electronically as standard to the valid e-mail address you have provided. By agreeing to these GTC, you confirm that you will use your email address for legal business purposes and that you will check your inbox regularly, i.e. at a frequency appropriate for the fulfilment of your obligations under this contract, and that you will retrieve and check your emails and respond to them in good time. If you provide an invalid email address, CembraPay may send the invoice(s) and any reminders by post and charge an additional fee of CHF 10.00 each. Alternatively, you can request that the invoice(s) be sent by post, which will incur a corresponding charge of CHF 3.95 per dispatch.
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The total amount (invoice amount plus interest and fees) must be credited to CembraPay's account within three months as follows:
You are free to pay a higher amount or the outstanding total amount at any time. Legal entities do not have the option of paying in instalments. The payment deadline for the total amount (invoice amount plus instalments) is 90 days. interest and fees) is 20 days from the invoice date.Instalment Minimum amount of the outstanding total amount Payment deadline from invoice date 1 10% (min. CHF 5.00) 20 days 2 50% 59 days 3 Remaining amount 90 days
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Interest and fees
- Interest of 14.9% p.a. will be charged on the total amount outstanding from day 20 of the invoice date.
- With the exception of the first invoice, an administrative fee of CHF 2.50 is charged for each invoice, regardless of the method of delivery.
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Default
- Once the payment deadline for an invoice has expired, you are in default without a reminder. In the event of payment arrears, you will owe CembraPay default interest of 14.9% p.a. The first reminder will be sent 5 days after the due date, with costs of up to CHF 30.00 for each individual reminder. CembraPay may commission third parties with the collection and is authorised to assign the invoice claim(s) to third parties. Costs on transfer to collection service provider: Collection processing fee depending on the amount of the claim in CHF: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19,999); 2,600 (up to 49,999); 6% of the claim (from 50,000). CembraPay has the right to transfer the invoice claim(s) or the right to receive payments to third parties in accordance with these provisions. The debt collection service provider has a direct right of claim.
- Once the payment deadline for an invoice has expired, you are in default without a reminder. In the event of payment arrears, you will owe CembraPay default interest of 14.9% p.a. The first reminder will be sent 5 days after the due date, with costs of up to CHF 30.00 for each individual reminder. CembraPay may commission third parties with the collection and is authorised to assign the invoice claim(s) to third parties. Costs on transfer to collection service provider: Collection processing fee depending on the amount of the claim in CHF: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19,999); 2,600 (up to 49,999); 6% of the claim (from 50,000). CembraPay has the right to transfer the invoice claim(s) or the right to receive payments to third parties in accordance with these provisions. The debt collection service provider has a direct right of claim.
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Refunds
- A processing fee of CHF 25.00 may be charged for any refunds that are not related to a product return, product defect or product recall and were caused by you.
- A processing fee of CHF 25.00 may be charged for any refunds that are not related to a product return, product defect or product recall and were caused by you.
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Communication
- Communication between you and CembraPay takes place via www.cembrapay.ch and by email.
- You expressly authorise CembraPay to communicate with you by email (unencrypted) via the email address you have provided. All notifications from CembraPay by email to the email address you have provided shall be deemed to have been delivered within two calendar days of dispatch (deemed delivery).
- At your express request, invoices and reminders can also be sent to you by post for a fee (see Section 4.1).
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Contract duration and termination
- This contractual relationship ends with the settlement of the outstanding total amount.
- CembraPay is entitled to terminate the contractual relationship at any time and without stating reasons by notifying you in writing. In this case, the outstanding total amount must be paid within the payment period specified in the notification. If you move abroad, the outstanding total amount is due immediately.
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Credit check, authorisation to provide information, data processing in Switzerland and abroad
- For the purpose of contract fulfilment, CembraPay collects and processes the following data concerning your person: First and last name, date of birth, residential address, telephone number, email address, details of your financial circumstances, IP address, device ID and all details on the merchant invoice (in particular purchase amount and product category) and information on your purchasing and payment behaviour.
- The identity and credit check is carried out by Intrum AG. For this purpose, CembraPay reports the contract and the information you provide during the application process regarding your personal details and financial circumstances to Intrum AG. You acknowledge and recognise that Intrum AG is expressly permitted to process this data in accordance with its data protection provisions (available at the following link: www.intrum.ch -> Data protection) and in particular to make it accessible to other third parties. CembraPay receivesinformation from Intrum AG about your creditworthiness, in particular information about your personal details, your ability to pay and other obligations.
- You agree that CembraPay may also process the data referred to in Section 10.1 for market research and marketing purposes. You further agree that CembraPay may disclose this data to the following third parties in Switzerland and abroad for the following purposes: Intrum Group companies (market research and marketing purposes), Threatmetrix www.threatmetrix.com (fraud prevention). You can revoke this consent at any time by sending a written declaration to CembraPay, Data Protection Officer, Bändliweg 20, 8048 Zurich, Switzerland.
- You acknowledge that CembraPay may carry out certain activities, in particular in the area of administration of the contractual relationship (e.g. application and contract processing, incl. data processing). We may outsource all or part of the services (e.g. creditworthiness checks, correspondence, dunning and debt collection) and data storage to third parties in Switzerland and abroad.
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Exclusion of liability
- CembraPay excludes all liability for direct and indirect damages to the extent permitted by law. In particular, CembraPay shall not be liable for any damages that may arise if an affiliated merchant refuses to accept a payment by means of a payment option for any reason whatsoever or if a payment by means of a payment option cannot be executed for technical or other reasons. CembraPay further disclaims any warranty and liability if malicious software or similar has been installed on the Internet-enabled device you are using. Furthermore, CembraPay assumes no liability for damages resulting from data misuse, technical malfunction or use of the Internet connection.
- Any liability or warranty claims may be asserted against the affiliated merchant and CembraPay rejects any warranty and liability in this regard. In particular, any complaints about goods or services purchased as well as any disagreements and claims arising from these legal transactions must be addressed directly to the merchant (see section 3.2). CembraPay cannot be held liable for any defence of set-off to which you may be entitled vis-à-vis the affiliated merchant.
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Amendments
- CembraPay is authorised to amend the GTC unilaterally at any time, provided that this does not unreasonably prejudice your interests, and to adjust (optional) fees. You will be informed of any changes in a suitable form (e.g. together with the invoice). The currently valid GTC can also be viewed at any time at www.cembrapay.ch.
- CembraPay is authorised to amend the GTC unilaterally at any time, provided that this does not unreasonably prejudice your interests, and to adjust (optional) fees. You will be informed of any changes in a suitable form (e.g. together with the invoice). The currently valid GTC can also be viewed at any time at www.cembrapay.ch.
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Severability clause
- Should any provision of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or nullity of a provision, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
- Should any provision of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or nullity of a provision, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
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Final provisions
- CembraPay may assign all rights and claims arising from the contractual relationship with you to third parties at any time. CembraPay may also transfer all or part of the contractual relationship to third parties.
- This legal relationship shall be governed exclusively by substantive Swiss law.
8. Retention of title
The goods shall remain the property of SEDUSIA 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 SEDUSIA.
9 Warranty
9. 1 SEDUSIA provides a warranty by rectifying defects. This is done at their discretion by subsequent fulfilment, namely rectification of a defect (subsequent improvement) or delivery of a defect-free item (replacement delivery).
9.2 If the subsequent fulfilment 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.
10. Liability
SEDUSIA excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes.
11. Data protection
SEDUSIA undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in SEDUSIA's separate privacy policy. This can be viewed at any time on the SEDUSIA website and via the following link www.sedusia.ch/sedusia-datenschutz.
12. Final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.