Terms and Conditions E-Commerce Lascaux AG
www.lascaux.ch
Lascaux Colours & Restauro,
Barbara Diethelm AG
Zürichstrasse 42
CH-8306 Brüttisellen
MwSt-Nr. CHE-101.030.487
1. General, Scope of Application
1.1 The following Terms and Conditions (hereinafter ‹Terms›) regulate
the contractual relationship between Lascaux Colours & Restauro, Barbara
Diethelm AG (hereinafter ‹Lascaux›) and all persons located in Switzerland and
in non-EU countries, which make use of the offerings available in Lascaux’
online shop (B2C, hereinafter ‹Customer›). Opposing or diverging conditions set
by the Customer are only applicable if Lascaux has expressly acknowledged them
in writing. The language of the contract is German.
1.2 These Terms apply exclusively to the offerings available through
Lascaux’ online shop. The presentation of products in the online shop does not
represent a legally binding offer, it is to be considered a non-committal
online catalogue.
1.3 The customer gives his approval to these Terms by clicking on the
respectively marked button ‹read› (I agree to the Terms and Conditions) or
similar.
1.4 The Terms apply to use of the websites www.lascaux.de and
www.lascaux.ch as well as all subdomains affiliated with these as well as the
online shop offerings available there.
1.5 Lascaux reserves the right to modify these Terms at any time. The
relevant version is always the version valid at the time the contract was
concluded.
The current version of these Terms is valid from 8 August 2021.
2.
Conclusion of Contract
2.1 A
contract is concluded with a Customer as soon as Lascaux accepts the order of
this Customer.The recognition of the
contract by Lascaux is realised by delivery of the ordered items. The written
copy of the order, which the Customer receives after the order has been
transacted, is only a confirmation of transaction, not acceptance of the order
by Lascaux. The Customer gives his consent to Lascaux accepting the order only
for such items that are in stock (orders not in stock will neither be delivered
later).
2.2 By
clicking on the purchasing button (‹Purchase›) the Customer transacts a binding
order for the items contained in the shopping cart. Before executing the
payment the Customer has the option of returning to the shopping cart and changing
his order if necessary.
3. Prices
3.1 All
offers in Lascaux’ online shop are at all times non-committal proposals. They
have no long-term validity provided they are not unambiguous offers presented
in writing. The offerings available in the web shop are subject to the
reservation that the items on offer are in stock.
3.2 The
relevant prices are the prices indicated in the web shop at the time an order
is submitted. All prices in the web shop represent gross prices in Swiss Francs
(CHF) including VAT yet excluding packaging and shipping costs. The collective
VAT amount for the selected items is indicated in the overview of the shopping
cart. Shipping costs for the order are indicated before the confirmation of the
final order.
3.3 A
Customer buys items for the price indicated per article valid for the country
for which he provides a delivery address.
3.4 The
prices as well as the shipping costs charged to the Customer can vary from time
to time. The current range in the web shop as well as the applicable prices are
to be found on our website www.lascaux.de. Special offers and individual
arrangements are reserved.
External
Effects on Prices
3.5 If Lascaux is charged additional expenses
unknown at the time the contract was concluded owed to circumstances beyond
Lascaux’ scope of influence, such extra costs are fully at the expenses of the
Customer. This applies, for instance, to costs incurred due to regulatory or
governmental measures (such as changes in tariffs, taxes, rates, fees etc.).
4. Order
Processing and Delivery, Shipping
4.1 As a
principle Customers can process orders solely via the order feature in the web
shop. Delivery is effectuated by shipping the ordered items to the address
provided by the Customer. The invoicing address and the delivery address need
not be identical. Collection of ordered items at Lascaux’ headquarters is not
an option.
4.2 Usually
delivery to the Customer is carried out within 3 to 5 week days (Monday to
Friday) after receipt of the order confirmation. Information regarding the delivery
period is non-binding. Lascaux will assume no responsibility for possible
delays of delivery. Indemnification for such incidents is excluded.
4.3 If a
product is not available for delivery or not on offer at the time an order is
submitted, this will be indicated to the customer in the online shop. Products
that cannot be delivered will not be held in delay, nor will they be delivered
at a later time. It rests with the Customer to order such items at a later
point in time.
4.4 Orders
that have been triggered multiple times are treated like individual orders and
can as a matter of principle not be cancelled (notwithstanding every consumer’s
legal right of rescission).
4.5
Deliveries to Customers of Lascaux’
online shop are processed by a service provider to be chosen by Lascaux. Costs
for packaging and transport insurance are contained in the shipping fees that
are to be paid simultaneously with the payment of the order during the order
process.
4.6 As a
matter of principle merchandise ordered in Lascaux’ web shop under www.lascaux.ch
is delivered to Switzerland. Lascaux reserves the right to limit deliveries to countries
outside of Switzerland. Please observe that items ordered in our online shop in
CHF are not delivered to EU member states.
4.7 For
technical reasons it may occur that an order needs to be divided into multiple
packages.
4.8 In case
where deliveries are affected by force majeure, i.e. for instance natural
disasters, governmental actions, delayed or erroneous supply, war, civil
unrest, industrial action, substantial interruption of operations, epidemics or
similar, delivery and service periods are extended reasonably. In the case of
extreme cold Lascaux reserves the right to reschedule deliveries. Whenever
possible the Customer is informed directly about such instances.
Indemnification for delayed deliveries due to the circumstances described above
or any resulting cancellation of contract is excluded.
4.9 If the
obstruction to our delivery of products and services prevails for more than
three months, both parties have the right to cancel the contract.
Shipping Costs for Web Shop Customers
4.10 Up to
an order value of CHF 199.99 including VAT the shipping and packaging fee for
deliveries inside Switzerland amounts to CHF 9.80. Orders with a value of CHF
200.00 including VAT or more are free of shipping charges except for articles
that are unable to send with a regular parcel service. Such large sized
articles exceeding a girth of more than 300 cm (for instance MasterPak
transport boxes) that need to be shipped by freight incur a shipping fee of CHF
40.00 per parcel up to 100 kg inside Switzerland. For other countries
individual shipping fees are calculated and charged. Shipping costs are listed
in the order and are always at the expense of the Customer.
Minimum Order Amount
4.11 The minimum order amount in
our web shop is CHF 150.00 including VAT. For orders less than CHF 150.00 an
additional delivery charge of CHF 10.00 is billed. For delivery outside
Switzerland extra costs and fees can be chargeable at the expense of the Customer.
5.
Transport, Transfer of Perils, Delay of Acceptance
5.1 Delivery is defined as the provision of
ordered goods at the Customer’ s location.
5.2 Use and
peril are transferred from Lascaux to the customer upon acceptance of the
order.
5.3 If the
ordered items cannot be delivered to the Customer at the specified delivery
address, the Customer owes Lascaux the additional amount of CHF 40.00 (per
order) as fee for efforts caused by the refusal to accept goods.
6. Terms of
Payment
6.3 Web shop
Customers need to pay in advance. Lascaux delivers ordered items after
receiving the invoiced amount, not before.
6.4 Payment
of the amount specified in the order is always transacted in advance in the web
shop by means of credit card when the order is concluded. Presently the
following credit cards are accepted: Visa and MasterCard. The order is
considered valid after the payment carrier has given consent. No orders
adhering to reseller conditions (B2) can be transacted in the web shop.
7. Reservation of Title
Until all
accounts connected with the delivery contract have been settled, ordered
merchandise remains the exclusive property of Lascaux without exception.
8. Transport
Damages
8.1 The risk
of loss during shipment is taken by the Customer. In the case of damage or
loss, only the Customer can make claims against the shipping provider. We ask
Customers to report transport damages to us promptly in writing or by telephone
so that we can take care of recompensation or, respectively, replacement the
delivery.
9. Deficient Goods
9.1
Deficiencies in goods must be reported to us in writing or by telephone within
8 work days after receiving the goods.
10 Right of Return
10.1 Items
can be returned to Lascaux within 2 weeks after delivery and acceptance. Please
state the reason for returning an item in writing for every piece individually.
Send us the respective items in their original packaging together with the delivery
note.
10.2
Consumables such as paint, textiles, transport boxes etc. will only be accepted
by us in their unopened original packaging.
10.3 When
Lascaux is without fault, return shipping costs are at the expense of the
Customer.
10.4 After
correct receipt of goods we credit the items to the Customers account or
transfer the funds to a specified account if the Customer so wishes. Bank charges are at the
expense of the account holders. Items from
returned deliveries that are damaged due to insufficient packaging or cannot be
resold as new merchandise due to having been opened can not be credited at
their full price. Retrievals at our expense must be possible during our
business hours (8 a.m. - 5 p.m.).
11. Exclusion of Liability
11.1 Lascaux
is exclusively liable for damages arising from injury of contractual
obligations incumbent on Lascaux, or if Lascaux has caused such damages with
gross negligence or intent.
11.2 The
maximum amount to be paid for damages is limited to the amount agreed as the
purchasing price for the respective delivery.
11.3 Lascaux
is not liable for purely financial losses as well as consequential damages
and/or reflex damages.
11.4 Changes
of price, delivery options, errors, misprints, technical changes remain
reserved. Provided samples/images are non-binding. Divergences in appearance
and dimensions are permissible.
12. Data
Privacy
Our data
privacy practices are in accordance with the General Data Protection Agreement
(GDPR). Lascaux is obliged to treat a Customer’s personal data for permissible purposes,
discretely and in accordance with the legal requirements. Approval of these
Terms and Conditions comprises consent with the processing of the Customer’s
personal data.
Detailed
information regarding data privacy is to by found on the data privacy page.
13. Changes
/ Additions
13.1 Lascaux
expressly reserves the right to adjust these Terms to changing conditions at
any time and apply the changed Terms immediately.
13.2
Therefore the Customer needs to inform himself/herself about the respectively applicable
Terms for every order.
14.
Severability Clause
14.1 If any
clause proves to be ineffective the other provisions remain effective.
14.2 The
legal regulations apply in place of the ineffective clause.
15
Applicable Law,Place of Jurisdiction
15.1 The
present Terms as well as all sales they apply to are subject to Swiss law.
Every legal dispute based on or connected to the present Terms or any sales
they apply to is to be processed in accordance with Swiss law, regardless of
whether the problem is related to contract law or liability law, or whether it
is based on any other clause. The application of the United Nations Convention
on Contracts for the International Sale of Goods (CISG) is excluded.
15.2 For
possible disputes arising from or in connection with these Terms as well as the
affiliated contract the place of jurisdiction is the Lascaux location in Brüttisellen.
Lascaux reserves the right to take legal action at the Customers place of
residence.