Terms & Conditions

TERMS AND CONDITIONS

By submitting your Order, you accept the following Terms and Conditions (“Terms”):

General: http://www.herdisita.com is an Online Shop (“Online Shop”). The Terms apply to all contracts, deliveries, services and other legal transactions concluded trough the Online Shop. The Online Shop is operated by FUNCK HERDISITA JEWELLERY with its registered office in Zurich, Switzerland (“Herdisita“).
Representation of products: The representation of the products in the Online Shop is not a legally binding offer, but a non-binding online catalogue. Note: each merchandise pictured on the website was digitally photographed. There may be minor differences between the photographs and the actual appearance of the merchandise.
Availability: All goods are offered for sale subject to available stock. If an item is out of stock, Herdisita may contact you to offer a substitute. If you do not accept a substitute item Herdisita will cancel your Order. Any payments will be refunded. If you order goods and some are not in stock, you agree that Herdisita may fill that part of your Order for which stock is available.
Order: An order (“Order”) states your binding offer to Herdisita to conclude a contract. Hence, by clicking on the button “place order,” you submit a binding offer to Herdisita to purchase the merchandise contained in your shopping cart. Herdisita reserves the right not to accept your offer for any reason. If Herdisita does not accept your offer, Herdisita will notify you as quickly as possible. Any payments will be refunded. Only orders for small quantities suitable for a household can be accepted. For large orders, please contact our customer service at info@herdisita.com to find out more.
Contract: A contract between you and Herdisita is only concluded at the time Herdisita sends you a delivery confirmation by e-mail (“Delivery Confirmation”) or by delivering the merchandise.
Prices: All stated prices in the Online Shop are net, in Euros and are understood to be inclusive of statutory VAT unless indicated otherwise. The price applicable is the price stated in the Online Shop at the time of the Order. Technical issues, misspelling, misprint and any other errors remain reserved. Herdisita reserves the right to adjust the prices at any time. Additional costs (such as but not limited to shipping costs, packaging costs etc.) will be charged additionally (see below).
Delivery and Shipping: Herdisita only delivers within the European Union (“EU”) and Switzerland. Shipping is handled by DHL. Shipments cannot be delivered to PO boxes. It is your obligation to enter the correct delivery address details at the time of ordering. Together with the Delivery Confirmation Herdisita will provide a non-binding delivery date which is usually 2 to 5 business days following the date of your Order (“Non-Binding Delivery Date”). Herdisita uses all reasonable efforts to dispatch orders within 3 to 5 business days following the date of your Order. However, the Non-Binding Delivery Date is non-binding and to be considered as approximate delivery date. If Herdisita is unable to deliver a specific item within 30 calendar days following the date of your Order, you are allowed to withdraw from the contract. Any payments will be refunded. Herdisita is not liable for any loss or damage resulting from late delivery or non-delivery.
Refund / Replacement: As a condition of refund or replacement, you are obliged to examine the delivered items immediately on delivery. If delivered items have obvious material or manufacturer defects, including damages in transit, please report such defects to Herdisita immediately within 5 calendar days. Herdisita may ask you to provide proof of the damage, as a further condition of refund or replacement.
Shipping costs: Standard DHL shipping rates are applicable for shipping within Germany and for shipping to any other county of the EU and for shipping to Switzerland.
Payment: You can pay for the merchandise by immediate bank transfer or SOFORT ÜBERWEISUNG. Delivery will commence once payment has been processed/validated.
Errors: From time to time there may be errors on the Online Shop’s website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, Herdisita may decline or cancel any orders that are affected by the error, even if the order has been confirmed and charged. If you were charged for the purchase and Herdisita cancels the order, Herdisita will notify you as soon as possible and any payments will be refunded.
Retention of title: The merchandise remains property of Herdisita until payment in full.
Return policy
Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You can send us the withdrawal via email to info@herdisita.com. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods either to “Funck Lindenallee 44, 14631 Güterfelde, Germany” or “Funck Herdisita Jewellery Fliederstrasse 10, 8006 Zürich, Switzerland”, without undue delay and in any event not later than 30 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 30 days has expired. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Consequences of cancellation

In case of a valid cancellation, the performances received by both sides must be returned and any benefits (e.g. interest) surrendered. If you cannot return all or some of the performance received or can only return it in poorer condition, you must provide Herdisita with compensation in this respect. This provision does not apply to objects if the poorer condition of the object is due solely to inspection as would have been possible in a shop. Otherwise, you can avoid the obligation to compensate for a poorer condition caused by proper intended use of the object by not using the object like your own property and refraining from doing anything that lowers its value. Obligations to refund payments must be met within 30 days. For you, this period begins when you dispatch your cancellation notice or the item itself; for us, it begins upon receipt thereof.
Product Warranties: To the extent legally permitted, Herdisita excludes all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality or safety of any goods supplied by Herdisita (“Warranties”), other than those implied by law which may not be legally excluded. Any liability Herdisita may have to you under Warranties implied by law which cannot be excluded is limited, where expressly permitted by law, to supplying the goods again, or to refunding the purchase price, at Herdisita’s option.
Data privacy & creditor protection: You will find the office responsible for data processing on our Impressum page. All personal data is treated confidentially. Your protected interests are provided for in accordance with statutory regulations. The data needed to process the transaction is stored and transmitted to companies affiliated with Herdisita or our service partners in the course of order processing if necessary. We use the data you disclose to execute and process your Order.
“This website uses Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyse how you use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. If IP anonymisation is activated on this website, Google will first abbreviate your IP address within Member States of the European Union or other contracting member states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and abbreviated there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. The IP address transmitted from your browser through Google Analytics will not be combined with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also stop the collection and processing of the data relating to your use of the website created by the cookie (including your IP address) and the processing this data by Google by downloading and installing the browser plug-in available at the following link.[Insert link here. The current link is http://tools.google.com/dlpage/gaoptout?hl=de].”

When you sign up for our newsletter, your email will be used with your permission for direct advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time.

We use cookies on several pages to make our website attractive and permit the use of certain functions. Cookies are small text files that are stored on your computer. Most cookies we use are deleted from your hard drive after the end of the browser session (session cookies). Other cookies remain on your computer and allow us to recognise your computer at your next visit (permanent cookies). Our partner companies are not permitted to collect, process, or use personal data through our website using cookies.
This website uses social plug-ins (“Plugins”) of the social network Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are identified by a Facebook logo or the add-on “Facebook Social Plugin.” You can find an overview of Facebook plugins and their appearance here: http://developers.facebook.com/plugins

If you access a page on our website that contains such a plugin, your browser creates a direct connection with Facebook’s servers. Facebook transmits the content of the plugin directly to your browser, which incorporates it into the website.

By incorporating the plugin, Facebook obtains the information that your browser has accessed the corresponding page on our website, even if you do not have a Facebook account or are not logged in to Facebook. Your browser transmits this information (including your IP address) directly to a Facebook server in the USA, where it is stored.

If you are logged in to Facebook, Facebook can directly associate your visit to our website with your Facebook account. When you interact with the plugins, for example by clicking the “Like” button or submitting a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends. Facebook can use this information for purposes of advertising, market research, and need-based design of Facebook pages. Facebook creates use, interest, and relationship profiles for this purpose, e.g. to evaluate your use of our website with respect to the advertisements you are shown on Facebook, notify other Facebook users of your activities on our website, and perform other services associated with the use of Facebook.

If you do not want Facebook to associate the data collected through our website with your Facebook account, you must log out of Facebook before visiting our website.

To learn about the purpose and scope of data collection and the further processing and use of the data by Facebook as well as your rights and remedies to protect your private sphere in this respect, please see Facebook’s data privacy policy: http://www.facebook.com/policy.php

You have the right to disclosure of your stored data and, if applicable, a right to correction or deletion of this data.
Exclusion of liability for external links: If the Online Shop contains links to other Internet sites, Herdisita expressly declares that it has no influence on the design and content of the linked sites. Herdisita hereby expressly repudiates all contents of linked sites. This declaration applies to all displayed links and all contents of the sites the links lead to.
Limitation of liability: Herdisita’s liability is determined by the applicable law. To the extent legally permitted, Herdisita excludes any liability, especially but not limited to slight negligence, direct damage, indirect damage, consequential damages, etc. of any type whatsoever related to or arising from the supply of merchandise by Herdisita or the use of such merchandise by any person, including, without limitation, any lost profits or savings, damage to or loss of property, loss or damage resulting from late- or non-delivery, personal injury (including death) etc.
Alterations: Herdisita may alter these Terms from time to time by posting the altered version on the Online-Shop’s website. By posting the altered terms and conditions on the Online-Shop’s website, the altered terms and conditions take immediate effect and apply to any of your future order(s). You should visit the Online Shop’s website regularly to keep up to date with any alterations.
Governing Law: Swiss law applies to all contracts and agreements between you and Herdisita, to the exclusion of the Swiss Federal Act on International Private Law (SR 291) and to the exclusion of the UN CISG (SR 0.221.211.1).

The venue for any disputes is Zürich or the venue stipulated by statutory provisions.

Place/Date: Zurich, 21.08.2016