General conditions of use and protection of private data

General conditions of use and protection of private data 

 

Bauer group GmbH has adopted the general conditions of sale, delivery and payment. The general conditions were established in 2015 in collaboration with the company BIB specialized in business and consumers in the context. Bauer group GmbH pays particular attention to the protection of trade secrets and private data as well as the ownership of company information.

 

Employees of Bauer group GmbH must exercise common sense; adhere to ethical standards and comply strictly with the obligations of confidentiality that bind them to their employment with Bauer group GmbH this applies to our former employers. Employees of bauer groupe GmbH may not use or disclose confidential information or trade secrets established within Bauer groupe GmbH. These restrictions are applied as far as on the sales site www.bauergroupe.com A fraudulent use of data of one or more employees see a former employer or or at most a third party; reserves the right to bring any fraudulent situation to justice…

 

ARTICLE 1.

Scope of application

 

These general terms and conditions govern all contracts, supplies and other services agreed between the customer and Bauer group GmbH.

By placing an order, the customer agrees to be bound by the general conditions.

The customer’s personal general terms and conditions will not be accepted, unless Bauer Group has so stipulated in writing to the customer.

ARTICLE 2.

Implementation of a contract

 

Bauer Group shall confirm the customer’s order by e-mail. Contrary to Article 4.1 of the general conditions, the creation of a contract occurs only after the actual payment. Bauer Group is entitled to refuse an order or to impose special conditions on it but will have to indicate the reasons. If Bauer Group cannot clearly establish the permanent or temporary address of a customer, the order cannot be accepted.

The processing of orders which, for any reason, have been technically or otherwise interrupted before the completion of the payment instructions are considered incomplete, even if the customer has received an order confirmation. Consequently, the said order will in principle not be delivered. However, Bauer Group will need to contact the customer in order to proceed with delivery.

ARTICLE 3.

Prices and costs

 

The contract price corresponds to the price in force at the time of the order on the e-shop. The prices of the articles are mentioned TTC.

The prices indicated on the e-shop do not include postage and administration costs.

Bauer Group is not subject to the conditions of its offer in case of printing, composition or programming errors on its site.

ARTICLE 4.

Realization of orders

 

Bauer Group must handle orders for items with the greatest possible care.

The items must be delivered to the address communicated to Bauer Group by the customer.

Bauer group must send accepted orders as quickly as possible and in the order they were received.

The delivery time indicated in the e-shop is only approximate and does not give right to any compensation if the actual delivery takes more time.

ARTICLE 5.

Customs, duties and taxes

 

It is the customer’s responsibility to ensure that the product can be legally imported into the country of destination. When the recipient places an order on the Bauer Group website, he is the importer of the products and must comply with the laws and regulations of the recipient country. Orders shipped to countries outside the European Union may be subject to import taxes, customs duties and charges levied by the country of destination. The recipient of an international shipment may be subject to said import taxes, duties and charges, which are levied when a shipment arrives in your country. Any additional costs arising from customs clearance shall be borne by the consignee; Bauer Group has no control over these costs and cannot predict their amount.

We advise you to contact your local customs office to know the fees in force before ordering, so as not to be surprised by unexpected fees.

 

ARTICLE 6.

 

Right to return items

 

Contrary to article 5 of XXXXX’s general terms and conditions, the customer is entitled to return any item (except perfumes) to Bauer group GmbH within 30 (thirty) days of delivery, without giving any reason. This duty also applies to items benefiting from a price reduction. This has the effect of cancelling the purchase of this item, and the amount already paid to Bauer group GmbH will be refunded to the customer. Please note that we will not refund shipping charges for returned items.

Bauer Group will not refund any items returned after this 30 day period.

Items must be returned in accordance with the instructions on the enclosed packing slip.

Items returned must be in the normal state of use generally required for acceptance of items, such as when fitting items in physical shops. If a customer wishes to exercise this right, the item must be returned to Bauer group with everything that accompanied it, in its original condition and packaging, in accordance with clear and reasonable instructions indicated by the company Bauer group.

Bauer Group is entitled to refuse a returned item or to return it to the customer if it has been used, no longer bears the original labels, has been damaged by the customer or if the customer does not comply with the return instructions given by Bauer Group.

ARTICLE 7.

Delivery error

 

If the Bauer group company delivers an item different from the one ordered or if the item is damaged or defective, the customer must notify the Bauer group company as soon as possible, in the manner specified by email or by enclosed delivery mail. Bauer Group will have to refund the purchase price plus shipping costs.

 

ARTICLE 8.

Complaints

 

If a customer wishes to exchange or return an item, he must follow the instructions specified on the packing slip enclosed with the item.

Questions, comments or complaints regarding an order, payment or delivery should be sent in writing to the following e-mail address: admin@website.local.

The e-mail must contain the name, e-mail of the corresponding customer with the information held by the company Bauer Group, as well as the order number included in the order confirmation and the item number.

ARTICLE 9.

Minimum age

 

Any order placed by a minor under 18 years of age will not be accepted by Bauer Group GmbH unless the minor is accompanied by a responsible adult when ordering established

ARTICLE 10.

Payment

 

The customer can pay by credit card, Paypal or other payment modules recognized by the company Bauer group GmbH. For the time being, Bauer Group gift certificates are not yet in place and cannot be used to make payment.

All payments must be made in accordance with the instructions provided in the e-shop pages.

 

ARTICLE 11.

Confidentiality

 

By placing an order, the customer grants Bauer Group the right to use his personal information as appropriate. This information will only be kept for the purposes for which it was obtained and processed by the Bauer Group, i.e. the execution of the contract, for marketing purposes and to maintain contact with the customer.

Personal details provided by a customer will not be transmitted to any third party for commercial purposes without the customer’s consent. The customer has the right to consult and modify these details at any time.

In accordance with the Swiss Data Protection Act (), Bauer Group reported to the Swiss Data Protection Authority () that they were storing private data. To consult personal data, a customer must send a written request to the following e-mail address: info@website.local

ARTICLE 12.

Conflicts

 

Any dispute between Bauer Group and a customer will be settled before the Textile and Footwear Disputes Board (). Details of this procedure are set out in Article 15 of XXXX’s General Terms and Conditions.

 

 

XXXXXX General Terms and Conditions of Sale, Delivery and Payment

 

ARTICLE 1

DEFINITIONS

 

company: a natural person or legal entity operating in the retail trade of the textile and footwear sector…

consumer: a natural person having no role in the trade or profession, who buys, or requests repair of, textile or footwear goods from the trade. c. goods: textile and footwear goods, including other articles relating to these sectors insofar as they are sold by the trade referred to in section a. above.

ARTICLE 2

SCOPE OF APPLICATION

 

These general conditions govern all purchase contracts and contracts for the manufacture, modification or repair of products concluded between an undertaking and a consumer.

 

ARTICLE 3

OFFERS

 

An offer must remain valid for two weeks from the date of receipt, unless otherwise stated in the offer or agreed.

 

ARTICLE 4

PAYMENT GUARANTEE

 

The company has the right to stipulate in a contract the advance payment of 50% of the purchase price. This condition must be accepted in writing. Once payment is made, the business must provide the consumer with a receipt as proof of payment. In the absence of written agreement and/or receipt, the amount to be paid or already paid in advance can be demonstrated by all available methods according to the law.

If the advance payment is not refunded to the consumer following a moratorium on payments or in the event of insolvency, the specialised company and our specialised business document insurers must, at the consumer’s request, appoint one or more companies to perform the contract concluded subject to compensation for the amount paid in advance. the specialised company and the business document insurers must inform the consumer of the competent company or companies at the earliest, within ten days of receipt of the consumer’s request and, as far as possible, in consultation with the consumer.

If it is impossible to perform the contract as specified in Section 2, the Guarantee Fund the specialised company and its business document insurers will guarantee the reimbursement of the advance payment to the consumer subject to receipt of proof of such payment. The Guarantee Fund the specialized business company shall refund such payment within five days from receipt of information that performance of the contract is impossible.

In the event of compensation as specified in Section 2 or reimbursement as specified in Section 3, the business document company (Section 2) or the Insurance Guarantee Fund (Section 3) shall subrogate to the consumer’s original rights, in particular with respect to the advance payment made by the consumer.

ARTICLE 5

EXCHANGE

 

Unless otherwise agreed, the consumer has the right to exchange the purchased products provided that the following conditions are met: the exchange takes place within 8 days (or within the agreed period) from the date of shipment of the products and subject to presentation of the original receipt or invoice; the products are returned in their original packaging and have not been worn;

The clause stipulated in section 1 does not apply to products that have benefited from a price reduction. Custom products cannot be returned either, including products manufactured according to specific consumer instructions and products ordered by the company on specific consumer instructions.

 

ARTICLE 6

BRIDAL GOWNS

 

In principle, the annulment of a marriage for any reason must be entirely at the risk and expense of the consumer and does not relieve the consumer of his or her obligations to the business under the purchase agreement. However, if the consumer is able to prove exceptional or unforeseen circumstances (e.g. the death of one of the future spouses), this could justify an exception to this rule. In this case, the consumer will have to pay the company a reasonable amount in compensation for the loss it represents for the company.

Additional costs reasonably incurred after the date of the contract in connection with size changes (e.g. in the event of the consumer becoming pregnant) shall be borne entirely by the consumer in the event that the wedding dress has already been ordered or cut.

ARTICLE 7

RETENTION OF TITLE/RIGHT OF RETENTION

 

The company may retain ownership of all products. The consumer only becomes the owner of the purchased products once the purchase price and the additional debt to the business have been paid in full.

The undertaking may exercise a right of retention if the consumer infringes one of the applicable obligations, provided that the right of retention is justified.

ARTICLE 8

CANCELLATION, COMPENSATION OPTION AND FORCE MAJEURE

 

If the undertaking fails to fulfil its obligations, the consumer has the right to withdraw from the contract in whole or in part, unless the breach is of an unusual nature or so minor that the withdrawal and the consequences thereof are not justified. If compliance with the obligations is not definitively or temporarily impossible, the right of termination shall only apply once the offending party has failed to fulfil its obligations.

If the undertaking fails to fulfil its obligations, the consumer may inform it in writing of its wish to receive compensation instead of demanding performance of the contract. This option is not available if the infringement has so little consequence that the option would not be justified.

Force majeure” here means an offence for which the company cannot be held liable. The liability of the enterprise is not established if the infringement is not the result of a fault of the enterprise or if, in accordance with a law, transaction or commercial practice in force, the infringement cannot be attributed to the enterprise.

In cases of force majeure, the undertaking must inform the consumer as soon as possible unless it does not know, and cannot reasonably know, the consumer’s address’.

ARTICLE 9

DELIVERY TIME

 

Products are considered delivered when they have been delivered by the company to the consumer or are ready to be delivered if, following a written notice of defect, they are still refused. After delivery, the risk inherent in the said products is transferred to the consumer.

The delivery period shall indicate the deadline for delivery, unless otherwise agreed by the parties.

If a delivery period is exceeded, but cannot be considered as a deadline, the consumer must send a written notice of defect to the company, indicating a new reasonable period in compliance with the delivery conditions. If the company still fails to deliver the products within this new period, the consumer has the right to withdraw from the contract without a court decision and/or to claim compensation.

If delivery is not made before the deadline, the consumer has the right to cancel the contract without notice of defect or court order and/or to claim compensation.

The notice of defect is not necessary if the delivery has become definitively impossible or if it is obvious that the company will not be able to respect its contractual obligations.

ARTICLE 10

WARRANTIES

 

The company guarantees the conformity of the delivered products with the conditions of the contract, as well as the adequacy of the delivered products, whatever the circumstances, with a normal use and with a particular objective, if the said objective was previously agreed between the parties.

However, the company offers no guarantee regarding product defects occurring after delivery and resulting from improper use, negligence or alteration of an item by the consumer or by a third party. Nor does the company guarantee compensation in the event of loss resulting from such defects.

Notwithstanding the provisions stipulated in sections 1 and 2 above relating to the commercial guarantees offered by the company, the consumer retains all warranty rights created by law.

 

ARTICLE 11

PAYMENT

 

The amount due to the company must be paid in full upon delivery in exchange for proof of payment, unless otherwise agreed by the parties.

If an invoice is sent, the payment period must be a maximum of fourteen days from receipt of the invoice by the consumer, unless another payment period has been agreed. The consumer is automatically in breach if the payment is not made within this period.

If the consumer is in breach, the company must send him a reminder of payment mentioning the breach and grant him an additional period of fourteen days from receipt of the reminder to pay the amount due.

If the consumer still fails to meet his obligation to pay, the company has the right to demand payment of the debt without further notice or warning.

ARTICLE 12

 

LEGAL INTEREST AND EXTRAJUDICIAL COSTS

 

In case of non-payment of a debt within the payment period, the other party is entitled to apply a legal interest rate to the debt from the date on which the infringement occurs in accordance with Articles 9 and 11 of these general conditions until the date of full payment.

Extrajudicial collection costs reasonably incurred by one party shall be borne by the other party.

Article 13

 

CONSEQUENCES OF TERMINATION

 

Following termination of a contract, the parties must immediately cancel the partial performance of the contract by each party, including repayment of an advance payment. The company is entitled to deduct from the purchase price to be refunded a reasonable amount relating to the use of the products to the extent that they have been used by the consumer.

 

ARTICLE 14 

CLAIMS

 

A claim in case of defect on a purchased product or other defect in the performance of the contract must be notified to the company as soon as possible and within two months after the date of detection of such defect.

The consumer must inform the company of his complaint preferably in writing.

Before the consumer can exercise his right of complaint, he must, at the request of the undertaking, establish that the contract associated with the complaint is a contract binding him to that undertaking. We advise the customer to keep the proof of purchase, the proof of discount in case of repair of the products or the proof of order to manufacture the products.

 

ARTICLE 15

CONFLICTS

 

Any dispute between the consumer and the company concerning the creation or performance of a contract for the supply of the products by that company may be brought by the consumer or the company before the IBBG (address), (Dispute Commission) in Switzerland ().

The judgment of the Dispute Commission is binding on both parties.

A dispute will be heard by the Disputes Commission only if the consumer has previously presented his complaint to the company within the time limit mentioned in Article 14 and if the consumer also meets the conditions stipulated in the regulations of the Disputes Commission.

The consumer must submit his complaint in writing to the Dispute Commission within three months of having informed the company of his complaint, indicating the names and addresses of the consumer and the company and providing a clear description of the dispute, the date of the complaint to the company and the nature of the customer’s claim. If the Dispute Commission takes charge of the claim, the company is bound by this choice and does not have the right to appeal to a common law court in the context of this dispute.

The Disputes Board is not authorised to hear a dispute which concerns only the non-payment of an invoice. If the consumer has not paid an invoice on time, the company has the right to bring a claim before the common law court.

If the consumer submits a dispute to the Disputes Board, the latter will only deal with the dispute once the consumer has placed the (remaining) debt to be paid to the company on deposit with the Disputes Board, unless otherwise agreed by the parties.

If the company submits a dispute to the Disputes Board, the latter will only deal with the dispute when the consumer has received a written request from the company to confirm in writing, within one month, that he agrees to submit to the judgment of the Disputes Board. The company must also indicate that at the end of this period, it will consider itself free to submit the dispute to a court of general jurisdiction. The dispute must then be heard by the Disputes Commission as if it were a dispute submitted by the consumer himself, notwithstanding the payment of the costs of the dispute by the company.

A claim heard before the Dispute Commission is subject to costs.

For more information on the complaints procedure, see the IBBG Rules (the Commission’s Litigation Rules) sent to parties when a dispute is presented.

ARTICLE 16

SWISS LAW

 

All contracts to which these general conditions are subject must be interpreted in accordance with Swiss law.

 

ARTICLE 17

COMPLIANCE GUARANTEE

 

The Guarantee Fund and the BgG specialized business company shall assume the obligations of a member towards the consumer imposed by a judgment of the Dispute Commission if the member has not complied with those obligations during the period specified in the judgment. The BgG Guarantee Fund shall assume the payment obligations and the BgG Association shall assume all other obligations and appoint one or more companies to perform the contract. If the judgment is submitted to a court within two months of its review date, the reliance on the compliance guarantee will have to be suspended until the court makes a final and conclusive decision.

This guarantee requires the consumer to send a written complaint to the BgG Business Specialised Guarantee Fund concerning a payment or to the BgG Business Specialised Association concerning any other obligation.

After the performance of the obligations mentioned in section 1 above, the BgG Guarantee Fund or the BgG Business Specialised Company Association, as the case may be, shall subrogate to the consumer’s rights arising from the original contract.

ARTICLE 18

EXCEPTIONS

 

Exceptions, including additions and extensions, to these terms and conditions must all be agreed in writing between the business and the consumer.

 

ARTICLE 19

MODIFICATIONS

 

Changes to these General Terms and Conditions can only be made in consultation with the BgG Consumer Association ().