terms and conditions

January 2015 · v15.1
General Terms and Conditions of fouta gmbh

General terms and conditions (the «General Terms») of the web shop of fouta gmbh, Atelier 70/03, Aargauerstrasse 70, 8048 Zurich, Switzerland (hereinafter «fouta»).

1 Applicability

These General Terms shall apply to any and all contractual relationships between fouta and its website visitors and its customers («You» or «Customers»). These General Terms are applicable in particular to (i) Your visit to the website www.fouta.ch (the «Website»), (ii) any and all orders made by You via fouta‘s web shop operated on the Website (the «Shop») and (iii) any other purchase agreements which provide for these General Terms to be applicable, including orders from merchants made based on offers by fouta or acceptances of Customer orders made by fouta. Any and all variation of these General Terms shall only be effective if accepted by fouta in writing.

fouta reserves the right to amend these General Terms at any time and will publish any such amended version on the Website. With respect to orders made via the Shop, the version of these General Terms published in the Shop at the time a Customer places an order shall be the version applicable to such order. With his visit of the Website or his order, respectively, the Customer accepts the applicability of these General Terms.

2 Offer and conclusion of contract

The display and description of products in the Shop shall not constitute an offer.

When placing an order in the Shop, You are submitting to fouta a legally binding offer (the «Offer») for the purchase of the products in Your shopping cart (the «Ordered Products»). The offer shall be binding on the Customer for 30 days from his submission of the order. fouta shall be free to accept or decline Your Offer at its own discretion; there shall be no obligation for fouta to accept any Offer. Should fouta decide to accept Your offer, then You will receive an e-mail from fouta acknowledging Your offer, which shall constitute fouta‘s acceptance of Your Offer. The inclusion of products in the Shop shall not be construed as a warranty that such product is in stock, and fouta shall also have the right to decline orders if an Ordered Product is out of stock. You will be notified by e-mail if fouta should decline Your Offer.

When ordering from fouta without using the Shop, then fouta will make you a binding offer in writing, setting out the relevant products which You shall be free to accept or decline. With Your acceptance of such offer, a binding contract is concluded. Should you send an order to fouta without having first received an offer from fouta, then such order shall be deemed a legally binding offer, which fouta shall be free to accept or decline. Only with fouta‘s acceptance of such offer a binding contract is concluded.

fouta will decline any and all orders where the information provided by the Customer, in particular its e-mail or postal address, is partially or wholly erroneous, missing or evidently bogus.

3 Prices, shipping costs and payment terms

The product prices set out in the Shop are subject to change without notice. For any order via the Shop, the prices of the Ordered Products displayed in the Shop at the time of order shall be the prices applicable to such order. While fouta does its best to provide a quality service, errors sometimes do occur; fouta therefore reserves the right to inform you of any prices erroneously displayed after having received your Offer.

Unless otherwise indicated, Prices set out in the Shop are quoted in Swiss Francs (CHF) and include Swiss VAT. Unless otherwise agreed in writing (including by e-mail), fouta only accepts payment in Swiss Francs (CHF).

The costs for shipping and handling shall be borne by the Customer.

fouta only accepts prepayment (wire transfer) and payment via PayPal. In case of payment via PayPal, the relevant amount shall be transferred to fouta immediately upon the Customer‘s acceptance of the payment via the PayPal website. Should certain Ordered Products be out of stock or should there be a return of Ordered Products in accordance with clause 8 of these General Terms, then the amount to be repaid shall be credited to the Customer‘s PayPal account or credit card, respectively, as quickly as possible.

4 Shipping and handling

Ordered Products are generally shipped by Swiss Post within two weeks of receipt of payment. fouta does not warrant any delivery date unless a delivery date has been confirmed by fouta in writing (including by e-mail). fouta shall under no circumstance be liable for damages that occur as a result of late delivery. Multiple Ordered Products may be delivered in multiple shipments.

For shipments to addresses outside of Switzerland and Liechtenstein, the Customer is solely responsible and liable for any and all customs and other fees and levies resulting from the cross-border shipment; such are generally invoiced to the Customer by the carrier. Please contact us via info@fouta.ch if you wish to order from outside of Switzerland and Liechtenstein.

5 Shipping defects

Risks and benefits pass to the Customer upon fouta‘s handing the Ordered Products over to the carrier. Accordingly, the carrier shall be solely liable for any and all shipping defects.

6 Irregularities of the delivered products

fouta‘s products are mainly handmade in Tunisia using traditional processes. Small irregularities in the fabrics are characteristic of these handmade products and evidence their uniqueness.

Due to the traditional and handmade nature of fouta‘s products, there may be slight nuances in the colors from one production batch to the other; fouta is therefore unable to make any warranty with respect to colors. Furthermore, fouta does not warrant that the colors displayed in the photographs in the Shop fully match the color of the delivered product.

7 Product warranty

The product descriptions set out in the Shop shall not be interpreted as representations or warranties. In particular, due to the traditional, handmade nature of the products, the delivered products may deviate slightly from the pictures and descriptions posted in the Shop, in particular with respect to their measurements.

The Customer shall inspect the products upon their delivery and shall notify fouta of any defects without delay. Should the Customer fail to notify fouta of any defects within 7 days from receipt of the products, then the products shall be deemed free of defects and accepted.

fouta is committed to delivering products of good quality. Should a product be defective upon delivery, then fouta shall have the right to correct the defect or deliver a replacement product. Should this not be possible, and should fouta notify the Customer accordingly, then the Customer shall have the right to rescind the contract (Wandelung) or to request a repayment of the difference between the price paid and the reduced value due to the defect (Minderung) as provided by Swiss law. Any repayment shall be made in the way the payment has originally been made.

FOUTA EXLUDES ANY AND ALL FURTHER WARRANTY, INCLUDING – WHERE APPROPRIATE –THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. DUE TO THE TRADITIONAL, HANDMADE NATURE OF THE PRODUCTS, FOUTA EXCLUDES ANY WARRANTY WITH RESPECT TO THE ABSENCE OF IRREGULARITIES IN THE FABRICS AND THE COMPLETE CONSISTENCY OF COLOR OVER DIFFERENT PRODUCTION BATCHES. THE CUSTOMER SHALL ONLY HAVE THE WARRANTY RIGHTS DESCRIBED IN THESE GENERAL TERMS UNDER EXCLUSION OF ANY AND ALL FURTHER WARRANTY RIGHTS.

NO WARRANTY IS FURTHER GIVEN WITH RESPECT TO ANY AND ALL DEFECTS THAT ARISE DUE TO NO FAULT OF FOUTA, INCLUDING NORMAL WEAR AND TEAR, FORCE MAJEURE, IMPROPER HANDLING, TAMPERING BY THE CUSTOMER OR THIRD PARTIES, EXTRAORDINARY OR UNDUE STRAIN, ENVIRONMENTAL IMPACTS, DEFECTS RESULTING FROM SHIPPING, OR OTHER COMPARABLE REASONS.

THE PRODUCTS MAY ONLY BE USED FOR THEIR INTENDED PURPOSE, I.E. AS ARTICLES OF CLOTHING AND AS BATH OR SHOWER TOWELS.

Products with defects may be returned to fouta using the following address: fouta gmbh, Atelier 70/03, Aargauerstrasse 70, 8048 Zurich, Switzerland

Should the Customer return to fouta any products as defective which in the reasonable opinion of fouta are not defective, then fouta will return to the Customer the respective products with an invoice for the relevant shipping costs and other costs incurred in connection with the wrongful return.

8 Return policy

The Customer shall have the right to return or exchange any Ordered Product within 10 days from receipt thereof.

In case of return or exchange, the relevant product shall be returned to fouta in the original packaging and accompanied by the printed and filled-in returns form found here: http://www.fouta.ch/fouta_ruecksendeformular.pdf

Returns shall be addressed to: fouta gmbh, Atelier 70/03, Aargauerstrasse 70, 8048 Zurich, Switzerland

The Customer shall bear the costs of the return shipment. fouta only accepts the return of products in pristine, unused condition. Products that have been used, soiled or damaged or products that have acquired a smell will not be accepted for return.

9 Liability

The Customer shall indemnify fouta for any and all damages fouta incurs as a consequence of the Customer‘s breach of a purchase agreement between fouta and the Customer (e.g. by contesting his credit card payment).

ANY AND ALL LIABILITY OF FOUTA, ITS EMPLOYEES AND SUBCONTRACTORS FOR ANY AND ALL DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL AND SPECIAL DAMAGES, INCURRED IN CONNECTION WITH THE PURCHASE, DELIVERY AND USE OF PRODUCTS IS ENTIRELY EXCLUDED, EXCEPT FOR DAMAGES (I) THE CUSTOMER INCURS DUE TO THE INTENTIONAL OR GROSSLY NEGLIGENT BEHAVIOUR OF FOUTA, ITS EMPLOYEES OR SUBCONTRACTORS, (II) DUE TO BODILY INJURY DIRECTLY RESULTING FROM A DEFECT OF THE PRODUCTS OR (III) FOR WHICH THE EXCLUSION OF LIABILITY IS PROHIBITED BY LAW.

fouta does not have any control over the content displayed on third party websites reachable by link from fouta‘s Website. Accordingly, fouta makes no warranty whatsoever with respect to the information set out on such third party websites and shall not be liable in any way for any damages the Customer incurs in connection with his visit or inability to visit such third party websites.

10 Data protection and privacy

fouta shall use the personal data of Customers only as permitted under the Swiss data protection law. Personal data shall only be used to process orders and to improve fouta‘s product palette and services. Your personal data will not be transferred to third parties, except to the payment services provider in order to validate your payment and to fouta‘s subcontractors (to the extent necessary for fouta to fulfil its obligations). Each Customer shall upon written request have the right to review the personal data fouta has saved with respect to him/her, and to have such data corrected or deleted.

11 Intellectual property rights

Any and all intellectual property rights to the Website (including the Shop) and its content are the sole property of fouta or its third party licensors. You are not permitted to use such intellectual property in any way unless explicitly permitted to do so by fouta or its third party licensors, respectively.

12 Merchant restrictions

If You are a merchant purchasing fouta‘s products not for Your own personal use but to resell such products, then You agree to sell fouta‘s products as they are, without making any amendments to fouta‘s products, incorporating fouta‘s products in Your own products or creating secondary products from fouta‘s products or based on fouta‘s products and product designs.

13 Copyright and trademark

The whole content of the Website, including the Shop content, is subject to copyright owned by fouta. You shall have no right to use any content in excess of the normal visit of the Website unless explicitly permitted by fouta in writing. fouta‘s logo is a registered trademark and may not be used without permission.

14 Partial invalidity

Should any provision of these General Terms be or become invalid, such invalidity shall have no effect on the validity of the other provisions of these General Terms. In such case, any invalid provision shall be deemed replaced with a valid provision that represents the economic sense of the invalid provision as closely as possible.

15 Applicable law and venue

These General Terms and any agreement based thereon shall be solely governed by substantial Swiss law excluding its conflict of laws provisions.

The courts in Zurich, Switzerland, shall have sole jurisdiction with respect to any and all disputes arising out of or in connection with these General Terms or any agreement based thereon. Notwithstanding the foregoing, fouta shall have the right to bring any lawsuit, order or other measure against the Customer at the Customer‘s place of domicile.

Zurich, January 2015