Terms of service

These General Terms and Conditions of Business of MODA & STYLE SA as the seller and you as the customer apply to all orders in the Moda & Style SA online shop (www.balu.ch) as well as to those purchases for which Moda & Style SA declares these General Terms and Conditions to be applicable. 

Scope
The GTC apply to all services provided by MODA & STYLE SA in the online shop (www.Balu.ch) and become valid when a contract is concluded. The deliveries, services and offers of MODA & STYLE SA are exclusively based on these GTC, even if they are not expressly agreed again. By sending an order to MODA & STYLE SA, you confirm that you have read these GTC and expressly agree to them.

Conclusion of a contract
All information on goods and prices within the order process is subject to change and non-binding. Orders are binding for customers. Accordingly, orders can neither be changed nor cancelled. For orders, customers receive a non-binding confirmation from the seller. Prior to the notification of shipment, by which the contract with the seller is concluded, MODA & STYLE SA may revoke its offer without further ado. By placing your order, you confirm that you are aware of the scope and content of your order. Questions in this connection can therefore be clarified with us in advance.

Delivery
Goods are always delivered by post or courier. The delivery time in Switzerland is usually 1 to 5 working days, unless otherwise stated for the respective product. This information is without guarantee.
If the sender does not give the correct address or gives an address where the post office cannot find the person, then the return costs charged by the post office must be borne by the customer. Once the goods have been handed over to the shipping company, any liability on the part of MODA & STYLE SA ceases. Thus, MODA & STYLE SA does not bear the transport risk.

If an item in the range is exceptionally not available, we will inform you of this as soon as possible by e-mail. As a matter of principle, MODA & STYLE SA reserves the right to make a partial delivery if this appears to be conducive to the efficient processing of the overall delivery. Of course, in such cases, no additional shipping costs will be charged for the subsequent delivery. In addition, MODA & STYLE SA reserves the right to demand an advance payment of 100% for deliveries abroad.

Prices
All prices on www.Balu.ch include the value added tax prescribed by law in Switzerland (currently 7.7%) and exclude shipping costs. The effective shipping costs are displayed in the shopping cart before the order is completed. MODA & STYLE SA has the express right to adjust the prices shown online at any time without notice and without further explanation. For the calculation of the prices, the time of the order on the website shall apply.

Shipping costs
Are calculated on the basis of the current prices of the shipping company at:
http://www.dhl.ch/
And in addition all costs incurred for packaging.

Terms of payment
The following payment options are available to you:
Purchase on account (we reserve the right to carry out a credit check), Paypal, credit card (via Stripe). We also reserve the right to offer prepayment by bank transfer.
In the case of advance payment by bank transfer, the payment period is usually 7 days. If payment is not received within this period, MODA & STYLE SA reserves the right to cancel the order and release the goods for sale again. Any transfer fees are to be borne by you.
In the case of purchase on account, the invoiced amount must be paid to the account stated on the invoice by the due date stated on the invoice form (usually 14 days) at the latest.

The customer agrees that MODA & STYLE SA may at any time grant third parties involved in checking the customer's creditworthiness and collecting the purchase price (in particular the credit agency Klarna AG, or a company affiliated with it) access to the customer's personal data resulting from the business relationship, including all payment experiences from the order process. The customer is entitled to revoke his aforementioned consent in writing at any time. The data on a data subject transmitted by the customer in the context of an enquiry will be stored in the Klarna database for the operation of the credit agency and to ensure the accuracy of the data

Retention of title; set-off; right of retention
(1) In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

Guarantee and warranty
The guarantee for goods corresponds to generally accepted standards and is 12 months, unless a longer or shorter guarantee period is expressly stated on the delivered goods. Defective goods must be reported in writing to the company address within 10 days of delivery or after the occurrence of the damage, otherwise the warranty claim will completely lapse. The warranty claim is valid from the date of delivery. It expires in the event of improper use or natural wear and tear. The bag should not be loaded with more than 5 kilograms. MODA & STYLE SA reserves the right to decide individually in the event of a warranty claim. The guarantee and warranty is excluded for items that have been declared as outlet goods. 

Return guarantee
Every buyer has the right to return the items he/she has received to BALU.CH - MODA & STYLE SA within 6 days (deadline: receipt of goods). For returns, the items must be returned in perfect hygienic condition, otherwise the claim for return is forfeited. For returns, the buyer will be charged the shipping costs incurred by BALU.CH - MODA & STYLE SA or deducted from the refund amount. The return costs must be borne by the buyer. By accepting the terms and conditions you also automatically accept our return policy. Items declared as outlet goods are explicitly excluded from the return guarantee.

Minor model deviations
It happens that the design of individual articles changes slightly. Naturally, MODA & STYLE SA cannot accept any liability for such modifications made by manufacturers and suppliers.

Care/Handling
MODA & STYLE SA accepts no liability for the customer's misconduct in the care and/or handling of the articles supplied.

Data protection
MODA & STYLE SA undertakes to process your customer data carefully and to observe the provisions of the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be accepted for the security of data transmitted via the Internet.

Marketing
MODA & STYLE SA reserves the right to re-use the e-mail address and telephone number provided when placing an order for its own marketing purposes (newsletter & other). You can opt out of this by sending a personal e-mail to customerservice@balu.ch.

Reviews of products
BALU sends automated e-mails after the purchase, which ask customers to review the purchased products. BALU reserves the right to use these and all other reviews (without e-mail request) for marketing purposes.

Vouchers
Personal vouchers, which have only been created for a specific person or for a specific group, may not be passed on and may only be redeemed by persons authorised by MODA & STYLE SA. MODA & STYLE SA reserves the right to cancel any unauthorised orders without comment. Only one discount code may be used per order.

Liability in general
It is hereby expressly pointed out that no liability claims for direct and indirect as well as direct and indirect damage, including consequential damage, can be asserted against MODA & STYLE SA by the customer, insofar as there is no intent or gross negligence on the part of MODA & STYLE SA for the damage incurred. For example, damages from accidents, falls, etc., which occur from the handling of BALU products (bags, etc.), are your own responsibility.

Amendment of GTC
MODA & STYLE SA expressly reserves the right to unilaterally amend these GTC at any time without prior notice.

Applicable law/place of jurisdiction
In any case, the relationship between you and MODA & STYLE SA is subject to Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The place of jurisdiction is Switzerland. The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.

Severability clause
Should individual provisions of this agreement prove to be invalid, this shall not the remaining provisions of this agreement shall not be affected thereby. In this case the invalid provision shall be replaced by a new provision that corresponds to the intended purpose or, if this is not possible, comes as close as possible to this purpose. comes as close as possible.