TERMS AND CONDITIONS

Last update: January 2015

These Customer terms and conditions (the "Customer Terms") apply in addition to the Website Terms of Use and Privacy Policy. They constitute a binding legal agreement between our customers ("you", "your") and Selection Unique Suisse GMBH, Geranienstrasse, 2 8008 zurich ("we, us"). These Customer Terms contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the applicable law and jurisdiction. Please read these Terms carefully. We recommend you to keep a copy of the Customer Terms for future reference.


Acceptance and modification

You accept these Customer Terms by clicking the "submit" button when registering an account with us; when accessing or using the Website and/or any of our services; when you download or post any content from or on the Website; or when you give your consent to be bound by these Customer Terms in any other way. The Customer Terms apply as well if you use the Website through any other website giving access to the Website or parts thereof. By accepting these Customer Terms, you agree that (i) these Customer Terms constitute a legally binding contract between you and us, (ii) you have read, understood and accepted with no exception these Customer Terms and all parts thereof and all terms linked from it, (iii) agree to abide by these Customer Terms.

We reserve the right, in our sole discretion, to modify the Website and to modify these Customer Terms at any time and without prior notice. If we modify these Customer Terms, we will post the modification on the Website or provide you with notice of the modification. We will also update the "last updated date" at the top of this page. We recommend that you frequently consult these Customer Terms in order to be informed about possible modifications. By continuing to access or use the Website after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Customer Terms. If the modified Customer Terms are not acceptable to you, you must cease using the Website.


Key definitions

The following terms have the following meanings in the context of these Customer Terms, unless their context indicates otherwise:

  • Account: means a Customer account with us as described under "Registration and Accounts" below
  • Customer: means a consumer who completes our account registration process, as described under "Account Registration" below
  • Order: means a binding order by a Customer for the purchase of a Product as set out below in the ¨Purchases¨section
  • Product: means a product available for purchase through the Website
  • Website: the website www.selectionunique.com and all of its subsites and all text, images and any other materials contained therein.


Registration and Account

In order to access certain features of the Website and to place and manage orders, you are not required to register to create an account. You may not register more than one account. You may only open an account if you are a consumer aged 18 years or older. By using the Website you represent and warrant that you are 18 or older. Orders placed by minors will be refused. If persons that are not eligible for purchases place orders they will liable for all resulting costs.

When you register, you will be required to provide personal details, in particular your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details. You hereby agree that we may store and use this data as required. All information provided to us through the registration process or otherwise must be correct and kept up to date. We cannot and are not required to ensure that information provided by you is accurate, and we may delete accounts that use pseudonyms, incorrect information, etc.

You are solely responsible for maintaining the confidentiality and security of your account, and for all activities that occur on or through your account, and you agree to immediately notify us of any security breach of your account. We will not be responsible for any losses arising out of any unauthorized use of an account. We may in our discretion and without liability to you and with or without cause and with or without prior notice and at any time terminate these Customer Terms and Conditions and your access to our Website, Application and Services, and deactivate or cancel your account with us. You may cancel your account at any time via the "cancel account" feature or by sending an email to contact@selectionunique.com.


Purchases

Product listings on the Website do not constitute binding offers.

Purchases through the Website are carried out as follows:
Select a Product and customize it if you wish. Place it in the shopping cart (placing a Product in the shopping cart does not constitute a binding offer). Proceed to checkout. Log into your account using your Account credentials. If you have not yet registered with us, you will be required to open an account with us. Fill in the required information. Review your order and rectify errors. Click "yes", indicating that you have read and accept these Customer Terms. Complete your Order by clicking the button "confirm order“. We will then display a summary of your Order, and a copy of this summary will be sent to the email address indicated in your Account. After having reviewed your Order, we will send you an Order confirmation by email.
We will review your Order, and we may refuse it in our sole discretion. If we accept an Order, we will confirm the acceptance by email and provide a copy of such confirmation to the supplier of the relevant Product. The purchase agreement between you and us is concluded only upon this confirmation, but in any case no later than upon delivery of the Product.


Prices and payments

The price of any Products will be as quoted on the Website from time to time, except in cases of obvious errors. These prices include the Swiss VAT and devliery costs will be added at checkout. By submitting an order to us through our site, you represent and warrant that the payment details provided on your Order are valid and correct, and that when your Order is accepted and processed by us, payment will be made in full.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices, as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will refund the difference. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection. All prices are subject to change at any time.
Deliveries within Switzerland and to the mentioned Delivery Countires on the Website are free of additional costs when the total amount spent is higher then Sfr. 200.-. However we may change these terms at any time and my charge delivery costs. In this case, this will be indicated in an Order summary displayed before completing your Order.

Currently, we accept the following payment methods:

  • Credit cards: Visa, American Express and Master Card, Diner Club or JCB.
  • Phone orders: we are glad to process the credit card payment over the phone for you #00.41.(0)78.890.89.56.


Personalization

You may personalize the Products through the Website according to your preferences. Personalized Products are not pre-produced to accommodate your individual choices and selection.
Personalizing is in your sole responsibility. By submitting an Order you represent and warrant that the personalization does not infringe or violate the rights of any other party (including intellectual property rights) or violate any laws, is not obscene and not objectionable for any other reason. We have the right, but not the obligation, to review personalization, and if any personalization is unacceptable we have the right to refuse to accept or to cancel the relevant Order, even after our Order acceptance.


Shipping

Purchased Products will be shipped during business hours (excluding Sundays and public holidays) by the Swiss post either in priority mail or economy mail (excluding Saturday, Sundays and public holidays) on the delivery address indicated in the Order.

We will use our best efforts to ship our Products without delays. Under normal circumstances Products will be dispatched within the delivery time stated on the Website from Order acceptance. This time is required to manufacture the customized Products and to carry out proper control. However, we provide no warranty as to delivery dates and time.

We will deliver several Products from one Order in one package, but may deliver Products in two or more packages, in particular where the weight of such package would exceed 2 kg. Moreover, the time required for manufacturing customized Products may vary depending on the amount of customization. We may therefore need to deliver several personalized Products in two or more packages. In such a case you will be informed accordingly, and you will not incur additional costs. The relevant delays for your duty of inspection and for cancellation (see section ¨Cancellation¨) begin anew with each shipment.


Return and exchanges

Purchased Products cannot be exchanged, but they can be returned in case of defect. You can return a product if it doesn’t meet your expectations within 14 days after receipt of your order. Note that there is NO return right with regard to personalized products according to your specifications, except when due to defect.
Defect products (to the exclusion of normal wear and tear and the effects of unintended uses) can be returned within the next 3 months of its purchase.


Cancellation

You have the following cancellation right:

You have the right to revoke your Order with us within 14 days by giving written notice (for example by letter or email) without stating your reasons, or, if you have received the Product before expiry of this delay, by returning the Product to us. The delay commences upon receipt of this information in writing, but upon receipt of the Product at the earliest (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery) and not prior to fulfilment of our duties to inform under art. 246 s. 2 in connection with s. 1 para 1 and 2 EGBGB (introductory law at the civil code).

Note that there is NO right of cancellation with regard to certain goods, including goods that are personalized according to your specifications, or have been personalized to accommodate your needs. The cancellation period shall be deemed met if the cancellation notice is sent prior to the expiry of such period.The cancellation notice must be sent to Selection Unique Suisse GMBH, Geranienstrasse, 8008 Zurich, Switzerland, contact@selectionunique.com.

Consequences of cancellation in the event of effective cancellation, the benefits mutually received will be returned; any benefits already realized (e.g., interest) will be returned as well. If you fail to return to us the benefit in full or in part, or only in a deteriorated condition, you may be liable for damages. Obligations to refund payments shall be satisfied within 30 days. This period shall commence for you upon sending your cancellation notice, and for us upon receipt thereof.

Your right of cancellation shall expire prematurely if the agreement, at your express request, has been executed in full by both parties prior to your exercising your right of cancellation.

Agreement on return costs: Costs for returning the Products will be at your charge (i) if the Products conform to the Order, or (ii) if the price for the returned Product is Sfr. 40 or less, or (iii) in case of a higher price if you have not fulfilled your contractual duty in full or in part. Otherwise returning the Products will be free of charge. You should always include the delivery certificate with returns. Only then can we allocate the return to your Order and ensure a swift execution. In addition, you have the right to cancel your Order in case of late delivery of ten days or more.


Cancellation by us

We may cancel a purchase agreement in these situations: (i) The Product is no longer in stock or unavailable for us for any reason, for example because our supplier is in breach of his duties; (ii) payment information or the shipping information provided by you is incorrect; (iii) we have reason to believe that you are not eligible for purchases (see section¨Registration and Account¨ 3); (iiii) the Order is marked unusual by our security systems; (iiiii) the design or the personalization is refused (see section ¨Personalization¨). If an Order is cancelled, any amounts collected for the affected Product will be refunded to you (without interest), after deducting costs and expenses that we incur in connection with the affected Order.


Warranty

You must inspect the package upon receipt, and you should refuse to accept the delivery if it seems that Products are damaged. You must inspect Products immediately after receipt.

We provide a warranty to you for every product for 3 months. In the event of any defect (to the exclusion of normal wear and tear and the effects of unintended uses), you must inform us as soon as reasonably possible, stating the nature of the defects (we have the right to verify the defect or to require proof such as product pictures). You have the right to require us to procure that the defect is rectified at no cost to you, provided that rectification is possible and not unreasonable taking into account the severity of the defect and the time passed since the purchase of the affected Product.


Gift certificates

You can buy gift certificates with a value of Sfr. 50.00 or more. Gift certificates will be delivered to the delivery address of the Customer or the recipient of the certificate. Gift certificates are transferrable. They expire three years from the date of issue, except where otherwise provided for by mandatory applicable law. Gift certificates can only be used for purchases through the Website by indicating that a gift certificate will be redeemed before completing the Order. Several gift certificates may be used for one Order. Gift certificates cannot be used to purchase gift certificates, special offers and promotions. Remaining balances will not be paid out in cash, but remain credited to the gift certificates and can be used for further purchases. If the remaining balance is less than the purchase price, the difference must be paid according to section ¨Prices and Payments¨. We are not liable in case of loss, theft or destruction (illegibility) of gift certificates. Note that duplicating, modifying or manipulating gift certificates is prohibited and may result in criminal proceedings.


Liability

Subject only to your rights, to the largest extent permitted by law, we exclude any liability to you in connection with any Product (whether arising in contract, tort or otherwise), in particular any liability for indirect and consequential damages, additional costs and expenditures, and third party claims, and any liability for auxiliaries.


Data protection

We store personal data that you provide to us through the Website or otherwise as required for the performance of our obligations and as set out in our Privacy Policy.


Severability

If a provision of these Customer Terms is invalid, then the remaining provisions will remain unaffected, and the invalid provision(s) will be deemed replaced by valid terms that most nearly achieve the economic purpose of the invalid provision(s). This rule applies by analogy to contractual omissions, intended or unintended. If you believe that you have other or further rights than those set out in these Customer Terms based on mandatory law, then you must inform us of such right(s) as soon as practicable so that we may in our sole discretion provide an alternative remedy for the situation.


Applicable law

These Customer Terms and the relations between you and us are subject to the substantive laws of Switzerland, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, and subject to applicable mandatory private international law rules.


Jurisdiction

The parties submit all disputes arising out of or in connection with these Customer Terms to the exclusive jurisdiction of the Courts of the Canton of Zurich, Switzerland, subject to applicable mandatory law.