Terms of Service
Version 02.00 from 1-01-2020
SCOPE / GENERAL
These general terms and conditions (hereinafter referred to as the "General Terms and Conditions") apply from 01.01.2020 and replace all previous information (in particular version 1.00). These terms and conditions apply to all services of the CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS online offer. CAVALLIN reserves the right to change prices or other information without notice.
We recommend that you save and print out the terms and conditions and data protection regulations (DSB).
REGISTRATION AND ORDERING
Registration at the online shop is reserved exclusively for people who have reached the age of 16. It is free of charge. There is no entitlement to admission to the online shop. The customer must provide the data required for registration completely and truthfully. The customer is responsible for updating his data and ensures that the personal data are always up to date.
The customer is liable for any damage (wrong delivery location, etc.) caused by his incorrect information.
When registering, you must enter a password to use the online shop. This is confidential and may not be passed on to third parties.
You take full responsibility for the use of the password and all orders placed with this password, even if they were made without your knowledge.
If you know or suspect that an unauthorized third party knows or uses your password, you must change it immediately.
2.3. Order placement / contract conclusion and contract termination
Orders are only placed online via the Internet order page. The customer's orders are immediately confirmed by email. The offers from CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS are non-binding and by placing an order the customer submits a binding offer, which CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS can reject without any restrictions. A binding contract between the customer and CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is only created after receipt of the confirmation by email from CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS (receipt of the confirmation email on the customer's email server). Any transmission or input errors in the order or in emails are borne by the customer. A contract that is binding for both contracting parties is therefore legally valid even if the customer provides incorrect information upon receipt of the confirmation email from CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS on the customer's mail server. By placing an order, the customer confirms the accuracy of all the information he has provided. Any input errors can be changed in the shopping cart before placing the order.
The contractual relationship is terminated when the purchase contract is fulfilled (delivery for shipping the goods and payment of the purchase price). The online profile (registration) can be deleted at any time by applying as follows:
In writing by post:
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS
2.4. Changes and cancellation of orders
Subsequent changes or cancellations of already confirmed orders are not possible.
2.5. Incomplete fulfillment of the order
Delivering all ordered products in sufficient numbers and in high quality is the top priority of CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS. In exceptional cases, however, it may happen that, for various reasons that are not self-inflicted, not enough goods are available or cannot be released for delivery. If products are not available at the time of delivery, they will neither be forwarded nor will replacement items be delivered. The effectively delivered quantity is stated on the final delivery note and on the invoice.
The customer therefore has no right of withdrawal if the delivery is incomplete. Of course, an amount already paid for non-deliverable goods will be refunded. The refund will be made to the account or card that the customer specified when placing the order.
DELIVERY AND WARRANTY
3.1. Delivery of goods
Deliveries of goods are made directly to the delivery address provided by the customer or are picked up at the chosen PickPost location.
Delivery to the above conditions is only possible within Switzerland and the Principality of Liechtenstein. We supply as long as we are not out of stock. Any claims for damages due to incorrect fulfillment by Mustermann are - insofar as legally permissible - limited to the total amount of the invoice.
3.2. Delivery times and compliance with delivery times
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS does not deliver goods itself, but commissions third parties as delivery partners. The delivery partners do everything they can to meet any announced delivery times, but cannot guarantee this. Failure to meet the delivery deadlines does not entitle the customer to withdraw from the contract and / or compensation against CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS. In the event that the delivery partners are not able to deliver an order confirmed by CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS, there is no obligation for CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS to carry out the delivery otherwise. CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is, as far as legally possible, not liable for third party services.
3.3. Transfer of risk and force majeure
According to Art. 185 Para. 2 OR (Swiss Code of Obligations), benefits and dangers pass to the buyer upon separation and delivery for shipment1. CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS assumes no liability for damage in transit.
Successful delivery is not or only with considerable difficulty for reasons that are not the responsibility of CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS, such as incorrect delivery address, missing access authorization, bad weather or traffic conditions, strikes, wars, natural disasters or other acts of God Under certain circumstances, CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is entitled to cancel the order. The customer will be informed in good time. In this case, any claim of the customer for damage or real compensation is completely excluded. Already paid amounts for undeliverable goods will be reimbursed to the customer if the goods have not yet been handed over for dispatch.
3.4. Checking the goods
It is up to the customer to immediately check the completeness of the delivered quantity and the condition of the goods upon receipt (freedom from defects). If you find that the goods are missing or damaged, you must report this immediately, at the latest after 24 hours and, if the goods have not been taken over, within 24 hours of delivery and provide them with pictures, for example. If the buyer fails to do so, the purchased item is deemed to have been approved, provided that there are no defects that were not discernible during the normal examination. If such defects arise later, the notification must be made immediately after discovery, otherwise the matter is also considered approved with regard to these defects. The warranty rights expire two years after receipt of the goods.
The further procedure will be discussed after receipt of the notice of defects. The right to reduction and compensation is excluded.
No goods may be returned without prior consultation. Without prior agreement, Mustermann will therefore not refund any prices or arrange for replacement deliveries.
In the case of a return shipment that has been agreed upon and justified on the basis of justified defects, the customer will receive a refund of the delivery costs.
PRICES AND PAYMENT
All prices quoted are in CHF and include the currently applicable VAT. Relevant are the prices that are displayed in the web shop at the time of the order.
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS reserves the right to change prices and shipping costs at any time.
For orders up to a certain amount, we charge a flat shipping fee, which is shown accordingly during the ordering process. For higher orders, the shipping flat rate will be taken over by CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS, whereby this is also explicitly indicated during the ordering process.
4.3. Payment methods / credit check
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is entitled to decide at its own discretion which means of payment is accepted in each individual case.
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is expressly authorized by the customer by placing the order to carry out credit checks at his own discretion and for this purpose customer data to third parties (recommendation: please provide the names of the credit rating companies involved here) to be allowed to pass on. The following data are involved: last name, first name, address. If a customer is in arrears with the payment of previous invoice amounts at the time of the order or if the personal credit limit has been exceeded, the "invoice" payment method is not available.
If the billing address is identical to the delivery address, the invoice will be enclosed with the shipment. If the delivery address differs from the billing address, the invoice will be sent separately by post. The terms of payment are shown on the invoice. Unless otherwise agreed, a payment period of 30 days after receipt of the invoice applies.
Payment by credit card is due immediately or the amount is debited immediately.
Only the payment methods shown in the web shop are accepted. Cash or check payments are not possible.
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is entitled to charge the additional effort as a fee from the second reminder. If the customer does not pay the purchase price within a reasonable period of time after the second reminder, CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is entitled to initiate the operation without further notice. CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS reserves the right to commission a debt collection agency to collect the outstanding claim and to forward the personal data required for debt collection to it.
4.5. Retention of title
The goods remain the property of CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS until full payment has been made
Information about product information in the web shop is checked and updated regularly and with the greatest care. In exceptional cases, this information / information may differ from the actual information printed on the packaging. In this case, the information / information on the packaging is decisive.
WARRANTY OF DATA COMMUNICATION
Even according to the current state of the art, data communication over the Internet is not error-free and / or available at all times. CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS is therefore not liable for the constant, uninterrupted or error-free availability of the web shop, nor is CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS liable for technical and electronic errors during a sales transaction, especially not for the delayed processing or acceptance of orders. In addition, any liability for unlawful interference by third parties - to the extent permitted by law - is completely excluded.
The promotions offered in the web shop do not correspond to the promotions in the sales channels. For this reason, the customer has no right to the promotion of discounts that are not displayed in the online shop.
CUSTOMER SERVICE & COMPLAINTS
The customer service provides information and personal support for questions, problems or complaints. Defects must be objected to immediately upon receipt of the goods. Otherwise, the goods are considered to have been properly accepted by the customer. Concealed defects must be objected to as soon as they are discovered (see Section 3.4 of these General Terms and Conditions).
Complaints will be accepted by phone during the following times: Monday to Friday, 8:30 a.m. to 12:00 p.m. and 2:00 p.m. to 5:30 p.m. Outside of these times, complaints can only be made in writing or by e-mail (contact address in accordance with the imprint in section 12).
LIMITATION OF LIABILITY
9.1. Photos and text
The photos and the texts and descriptions of the articles on the website are not binding, but are for informational purposes only (no assurances or guarantees). CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS assumes no liability for errors or omissions in the photos or texts on the website.
9.2. Damage and consequential damage
Without this restricting the validity of these general terms and conditions in any way, any claim for damages in case of negligent causation by Mustermann is limited to the amount of the purchase prices of the products concerned (price according to the online shop at the time the product was ordered). Where no products are affected, liability is completely excluded as far as legally possible. Under no circumstances can CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS be held liable for indirect damage or consequential damage of any kind, as well as loss of profit, which arise in connection with their products, their use, sale or use of this website. Liability under the Product Liability Act remains unaffected.
An integral part of these terms and conditions is the rights notice, which is at the end of each page of cavallin.ch. CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS therefore assumes no liability for third-party content or links.
The content available on our website is protected by copyright. This applies in particular to the content structure of the websites as well as texts, photos, audio / video files and databases.
The product names and product designs used on our websites are protected, among other things, by trademark law and / or competition law. This applies in particular to the company logos and brands as well as the packaging equipment (layouts). In addition, our products can also be protected in other ways, such as by design, utility model or patent rights.
Any unauthorized use of our websites, product names, product designs or products constitutes a violation of copyright, trademark, competition or other industrial property rights.
TERMS AND CONDITIONS
11.1. data protection
The data protection regulations can be found under the following link:
In addition, the data protection provisions together with the present terms and conditions can be found and accessed at any time at the bottom of each page of www.cavallin.ch.
11.2. Severability clause
Should any part of these terms and conditions prove to be unenforceable or invalid for any reason, this does not affect the validity of the remaining provisions.
11.3. Applicable law & jurisdiction
Swiss law is exclusively applicable to this contractual relationship to the exclusion of conflict of laws (as far as possible). The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980) are excluded.
The place of jurisdiction is Olten.
OPERATOR OF THE WEBSHOP
CAVALLIN - PERSONALIZED HORSEHAIR DESIGNS
Tel .: +41 79 662 89 05
VAT no .: CHE-