General terms and conditions
These General Terms and Conditions (hereinafter "GTC") of LATESTA AG (hereinafter "REGALIN") apply to all services and products (hereinafter "Products") of the online shop of REGALIN. All other services are governed by separate terms and conditions. A "customer" as used herein, refers to any natural person or legal entity with whom REGALIN has a business relationship.
These terms apply to all products or services offered by REGALIN in its online shop. All sales and deliveries are made exclusively according to these terms. Any terms that the customer may have that diverge or contract those contained herein are not recognised by REGALIN, unless otherwise expressly agreed in writing. The currently applicable version of these terms will be published at regalin-stmoritz.shop.
- Services from REGALIN
REGALIN provides the services and offers specified in the online shop, as updated from time to time.
- Product Information, Availability and Warranty Information
REGALIN constantly strives to inform its customers about the products and services offered to the best of its ability. Some of this information is supplied directly by the manufacturer or supplier of the product which REGALIN has merely compiled and published in an way that is accessible to its customers. REGALIN does not offer any guarantee of the information it provides concerning products, services, recommendations, warranty terms and periods. In particular, REGALIN assumes no liability that such information is accurate, completeness and up-to-date.
REGALIN attaches great importance to tracking the availability of its products as carefully and accurately as possible. REGALIN assumes no liability for any information concerning expected delivery times, which should therefore not be considered binding and subject to change at any time and without notice. It is possible that delivery may become impossible if a product can no longer be manufactured or delivered. In this case, §5 below applies.
- When is the contract concluded?
The products, services and prices published at regalin-stmoritz.shop are considered to be an offer. However, this offer (quotation) is always subject to the (resolutory) condition of an impossibility of delivery or an incorrect indication of price (on the part of the manufacturer or REGALIN). This means that there may be non-delivery due to articles that are no longer available. In addition, it is also possible that we have not indicated the correct prices in the shop.
The customer enters into a contract with REGALIN upon submitting an order through our online shop, by telephone or by email. REGALIN will acknowledge the receipt of the customer's order by sending an automatically generated order confirmation email. This automatically generated order confirmation does not warrant that the product is actually available and can be delivered. It merely indicates to the customer that REGALIN has received his order and that the customer has entered into a contract, subject to the ability of REGAIN to fulfill the order.
If the product is not available or its price was inaccurately posted, the contract will be terminated immediately without further input from the parties. We will inform the customer immediately if this situation occurs. If the product has already been delivered to the customer, the title to the item will automatically revert to REGALIN and the customer will be required to return it in exchange for a refund from REGALIN of the purchase price. If the product has not already been delivered to the customer, the customer will not be obliged to pay the purchase price or accept delivery. If either situation occurs, REGALIN is not required to make a substitute delivery.
- What terms of payment do we offer?
The customer agrees to pay using one of the payment options provided by REGALIN. After making the purchase, the customer will be sent a receipt by email and the order will be put together by REGALIN and prepared for shipping.
Products delivered to the customer shall remain the property of REGALIN until the purchase price has been paid in full. The customer hereby grants REGALIN the right to register a lien against products for which it holds an ownership interest.
- What happens in case of non-payment?
If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts become payable immediately. REGALIN reserves the right to suspend all deliveries. In addition, REGALIN reserves the right to withdraw from the affected orders. This termination of the contract shall take effect automatically and without prior notice after eight days after REGALIN has unsuccessfully sent the customer a request for payment.
- Cancellation and termination of the contract
Orders placed by the customer with REGALIN are binding as set forth in §5 above. The customer is then obligated to accept delivery of the products ordered. Subsequent amendments and cancellations are possible in certain cases, but solely at the discretion of REGALIN and may incur processing charges of up to 30% of the contract value, but no less than CHF 50.00, as well as any loss incurred to the products' value since being ordered.
If the customer fails to accept delivery of the products as required herein within two weeks, REGALIN may terminate the contract and charge the customer the processing fees outlined in the previous paragraph.
If REGALIN is not able to deliver the product as set forth in §8 above, the customer may rescind the order no earlier than four weeks after the agreed delivery date. If the order is cancelled due to non-delivery, REGALIN will refund the customer any amounts he has already paid.
- Deliveries from REGALIN
Delivered products must be checked immediately for accuracy, completeness and integrity. If there are any errors or damage (visible or invisible), the customer shall notify REGALIN immediately after discovery, but no later than 7 calendar days after the receipt of the consignment or acceptance of the products. The shipment must be kept in the condition in which it was delivered and the product must not be used for further processing of the claim.
REGALIN hereby expressly disclaims any and all liability for damages arising from non-delivery, breach of contract, negligence when entering into the contract or impermissible actions, unless they are the result of intentional or grossly negligent actions by REGALIN or its agents. Any liability for indirect or consequential damages arising from the use, misuse or failure of products delivered by REGALIN is excluded.
- Place of jurisdiction and applicable law
Exclusive place of jurisdiction is St.Moritz. The contract is subject to substantive Swiss law excluding its conflict of law provisions and international treaties, in particular the UN Convention on the International Sale of Goods CISG.
P.O. Box 52