General Terms and Conditions of Lohri AG
These general terms and conditions (hereinafter GTC) apply to all legal transactions conducted through the web shop of Lohri AG.
The GTC shall be deemed to have been accepted by customers upon placement of the order of goods or services. The version of the GTC valid at the time the order is placed is decisive. Any general conditions of purchase or different terms and conditions assumed by the customer are explicitly excluded.
Lohri AG reserves the right to change the GTC of the web shop at any time.
All product orders require a minimum age of 18. The customer confirms her/his compliance with this statutory provision with her/his placement of the order.
Pictures of products in advertising, brochures, the online store, etc. are for illustration only and are not binding.
Prices are in Swiss francs, including the valid rate of VAT (currently 7,7% VAT) and excluding packaging and transport costs.
Orders placed through the online shop are subject to the price valid at the time they are placed. Lohri AG reserves the right to make price alterations at any time.
The offer is valid as long as the product is available in the online shop.
All information on availability and delivery times is without guarantee.
Lohri AG reserves the right to cancel orders without stating its reasons for doing so.
1. Conclusion, amendment or termination of contract
Conclusion of a contract
Lohri AG confirms the receipt of orders by e-mail. A contract is only concluded following confirmation of the actual availability and the price of a product by Lohri AG, which is usually provided within five 5 working days.
Customer’s right of cancellation
Customers may revoke orders until the time when the delivery option and the price of the product are confirmed.
Change of orders, delivery delays
After confirmation of the actual delivery option and the price, the customer is obliged to accept the products and services.
Lohri AG can accept subsequent changes to or cancellations of orders by the customer at its own discretion and holds the right to charge an administrative fee of 25% of the cancelled order value, but no less than CHF 80.00, as well as any possible loss in value of the products cancelled since the order was placed.
If (partial) delivery of the product is impossible at confirmation of the actual delivery option and the price, the customer will be notified immediately via email. If the customer has already paid, the paid amount will be refunded without interest. If no payment has been made, the customer is exempted from making payment. All other claims based on delays in delivery or failure to deliver are excluded.
Cancellation of the contract
Customers have no general right to return ordered products. For products which have not been customer-made and for which the right of return has been granted specifically, the customer may return the product within seven (7) calendar days from its receipt under the following conditions:
- the product is in its original state, i.e. in particular the seals, original cord, labels and protective films are in their original condition and undamaged;
- the product and all accessories are available in the original packaging;
Once the original seal has been removed, the right to return expires.
2. Delivery date and default of acceptance
Details of the delivery date are sent by email or the customer is contacted personally in any other suitable way to arrange an individual delivery date. All specified delivery dates are approximate. If a customer refuses to accept the products or declares unwillingness to accept the products after the expiry of a set additional deadline, Lohri AG can refuse to fulfil the contract and may claim compensation for non-fulfilment. Lohri AG is entitled to demand as compensation from the buyer either 25% of the agreed purchase price or the replacement of the effective loss caused by the buyer.
3. Store pickup and delivery
If a customer fails to pick up the products ordered from the boutique within fourteen (14) calendar days from the agreed date, Lohri AG may terminate the contract and charge the customer a handling fee of 25% of the order value, but no less than CHF 80.00, as well as any possible loss of value of the ordered products.
Collecting reserved products
Reservations for products that are not collected from the store within six (6) working days will be cancelled.
Upon delivery to the address specified by the customer, visible differences in quantity must be reported to the carrier immediately on receipt of the goods; concealed differences in quantity must be reported in writing to Lohri AG within one week (6 working days) after receipt of the goods. Complaints regarding damaged or defective packaging as well as a partially missing goods consignment must be reported immediately upon receipt.
The delivery address given must be in Switzerland or Liechtenstein. Any subsequent costs caused by giving other countries as delivery addresses will be charged in full to the customer.
Lohri AG reserves the right to not send certain products by post. In such cases, a personal delivery may be arranged with the customer.
Packaging and transport costs
All packaging and transport costs as well as any transport insurance premiums shall be paid by the customer.
Payment and default
The following method of payment is possible: Bank transfer in advance.
Payment must be paid in advance for orders in the online shop. The precise indications can be seen under the payment options.
The receipt of payment is confirmed within 2 working days.
Delivery is only made following the receipt of payment to the total amount of the products ordered.
If a customer does not fully or partially meet their payment obligations, all outstanding amounts owed to Lohri AG under any title are due immediately. Lohri AG can demand this immediately and halt any further deliveries of products and services to the customer.
5. Reservation of title
Until full payment is made, all products remain the property of Lohri AG. Any pledge, transfer of security, processing or alteration of the products before full payment is made is not allowed unless Lohri AG explicitly expresses consent in writing.
6. Transfer of benefits and risks
The risk is transferred to the buyer when the shipment has been handed over to the person responsible for transport. If the delivery is delayed or becomes impossible without any involvement or fault on the part of Lohri AG, the risk is transferred to the buyer with the notification of readiness for shipment. Should an assumption of the transport costs by Lohri AG be agreed upon, the transfer of risk remains unaffected.
The warranty in accordance with the provisions set out bellow shall be valid for two years after delivery to the customer, unless expressly stated otherwise in writing. After this period, all warranty rights are no longer effective.
Delivery and notice of defects of faulty products to Lohri AG
Upon delivery, customers must inspect products for obvious defects. If a customer notes an obvious defect after delivery or if a customer notes a hidden defect at a later time, Lohri AG must be informed in writing within five (5) days after the discovery of that defect. Defects should be described as precisely as possible.
If the product was purchased at a Lohri AG store, the following shall apply to delivery:
The defective product including an enclosed copy of the invoice can be handed in directly at a Lohri AG store or it can be sent by registered post at the customer’s expense with prior written consent of Lohri AG. For delivery by mail, the original packaging must be enclosed.
If the product was purchased from the online shop of Lohri AG, the following shall apply to delivery:
The defective product including a copy of the invoice can be handed in directly at a Lohri AG store, it should be pre-packaged for postal dispatch and provided with the correct return address. Otherwise, the product must be sent to Lohri AG by post at the customer’s expense and risk. The original packaging must always be included. Acceptance of the product does not mean that the defect has been acknowledged. Inspection of the alleged defect is carried out by an expert at Lohri AG.
Legal consequences in the event of defective products
Subject to making a timely claim, customers’ have the following rights:
At its own discretion, Lohri AG has the right to rectify the defective product or to provide the customer with replacement.
Further claims by customers, in particular for compensation or amends of any kind are fully excluded.
Exclusions from warranty
Warranty rights shall be deemed null and void if, without the prior consent of Lohri AG, the customer or a third party fails to comply with the operating and maintenance instructions for the products or makes changes to said products, if parts are replaced or materials are used which do not meet the original specifications.
The same applies to defects attributable to improper use, storage or handling of products as well as unauthorised modifications and the opening of products. Insignificant deviations from the product specifications do not entitle the client to make a warranty claim.
Lohri AG assumes no liability for any loss of data when supplying a data medium or a product containing a data storage device. Customers are responsible for backing up and protecting their data appropriately.
A guarantee for normal wear and tear, for consumables, accessories and enclosed batteries or rechargeable batteries is excluded. Customer warranty claims may not be assigned to a third party without prior written consent of Lohri AG.
8. Liability and exclusion of liability
Irrespective of the legal basis on which the claim is made, Lohri AG cannot be held liable in any way for (i) ordinary negligence, (ii) indirect or consequential damage and loss of profit, (iii) unrealised savings, (iv) damage based on delay, or (v) any acts or omissions on the part of Lohri AG’s assistants whether these arise in contract or out of contract.
Lohri AG cannot be held liable for damage resulting from any of the following: (i) the storage, use or adjustment of the product that is improper, unlawful or does not comply with the contract, (ii) the use of incompatible spare parts or accessories, (iii) a lack of maintenance or the improper modification or repair of products by the customer or a third party, (iv) force majeure, in particular natural disasters, humidity or impact damage, etc. for which Lohri AG cannot be held responsible, as well as official decrees.
9. Repairs outside of warranty claims
Customers are responsible for all costs for the repair of defects in products that are not under warranty. For products which have no discernible defects, Lohri AG reserves the right to charge the customer cost of the inspection of the alleged defect as well as the shipping of the product.
10. Other provisions
The data protection declaration is an integral part of the GTC. By agreeing to the GTC of this webshop, the customer declares he has seen them and agrees to the data-protection declaration (www.lohrivintage.com/datenschutz, in German).
Lohri AG is entitled to process the information received about the customer in connection with the business relationship or irrespective of whether it comes from the customer him or herself or from third parties under the relevant statutory provisions. Personal customer information will be treated confidentially and only shared with third parties in the context of a creditworthiness assessment.
Should individual terms of the GTC be declared invalid or ineffective, this does not affect the validity of the other terms and the GTC as a whole.
Applicable law and jurisdiction
All legal relations between Lohri AG and the customer are subject to substantive Swiss law, excluding the conflict of laws.
Solely the courts of Zug, Switzerland are responsible for disputes arising from the legal relationship between the customer and Lohri AG. Lohri AG is entitled to take legal action against the customer at the competent court of the latter’s residence or at any other competent court.