GTC
General Terms and Conditions
ENTHUSIASTIC APPROVAL,
Heike Schmitz-Esser
Etzelstrasse 31
CH - 8038 Zurich
Tel.: +41 79 206 3850
www.enthusiastic-approval.com
heike@schmitz-esser.ch
1. Scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") shall apply in the current version at the time of conclusion of a contract for all business relations which commercially and privately acting natural persons and legal entities (hereinafter referred to as "Customers") conclude with ENTHUSIASTIC APPROVAL, Heike Schmitz-Esser, Zurich (hereinafter referred to as "EA"). They form an integral and supplementary part for all orders and purchases concluded in writing, online, via the EA website or in person.
Conflicting, supplementary terms and conditions or terms and conditions that deviate from these GTC require the express written confirmation of EA in order to be valid.
By using this website and ordering the goods brokered by us, these GTC are deemed to be accepted.
EA reserves the right to make changes to these GTC at any time and to publish the current version on enthusiastic-approval.ch. The version of the GTC valid at the time of the order is decisive.
By placing an order, each customer confirms that he or she is at least 18 years old and confirms the accuracy of all details.
2 Offers and conclusion of contract
The product range shown online at enthusiastic-approval.com does not constitute a legally binding offer. The product presentations on the internet serve as an orientation for the customers about a selection of EA's goods and enable the customers to submit a purchase price enquiry. They do not represent any obligation on the part of EA to sell and deliver the goods presented. Price and assortment changes by EA are possible at any time.
By clicking on the field "Inquiry about object", the customer does not submit a binding offer to purchase the object. It merely serves as an enquiry about the purchase price and/or further information about the object. The transmission of the purchase price and the requested information does not constitute a binding offer of sale on the part of EA.
If the customer places an order via the Internet, e-mail, mobile phone, telephone, fax or letter, he makes a binding offer to conclude a purchase contract. The customer receives a confirmation that the order has been received. This confirmation does not represent an acceptance of the offer on the part of EA.
Since EA's goods are unique items, EA must expressly reserve the acceptance of a purchase offer by the customer.
A legally binding purchase contract is only concluded with the dispatch of an order confirmation by EA or by payment of the goods/service by the customer. EA is free to reject orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.
3. Price
Prices are quoted in Swiss francs, inclusive of value added tax and exclusive of packaging and delivery costs. Decisive for invoicing is the price at the time of the order as offered by EA. Packaging and delivery costs will be shown separately on the invoice.
4 Delivery, shipping costs
Delivery shall be effected by sending the object of purchase to the address provided by the Purchaser. Packaging and shipping costs will be charged separately. Customs duties shall be borne by the buyer.
Delivery times stated are without guarantee. EA will endeavour to deliver the ordered goods as soon as possible. The delivery of the goods is at the expense and risk of the customer, even if partial deliveries are made. In case of delays in delivery, no claims for damages can be asserted. EA reserves the right to offer only self-collection in certain cases.
5. Payments
Payments have to be made in Swiss Francs.
After consultation with EA, invoices can be issued in euros and settled in euros.
Payment shall be made after receipt of the written invoice and can be made with a payment slip by post or bank transfer. A payment deadline of 10 days after invoicing applies. As soon as EA has received the payment, the goods will be dispatched.
6 Warranty / guarantee
EA deals with antique and used furniture and art objects and therefore excludes the warranty according to Art. 199 OR. The customer has the opportunity to inspect the goods in advance at EA's premises and to check for defects.
All information on designers, manufacturers, time / era, material, condition, colour, dimensions, weight, type of furniture, method of construction, etc. is based on research and the best of our knowledge and belief. Erroneous information cannot be completely excluded. EA cannot guarantee the correctness of the information.
7 Cancellation / return
There is no right of return or exchange. A return as a gesture of goodwill is at the sole discretion of EA.
8. Data protection
The protection of personal data is important to us. We therefore conduct our activities in accordance with the applicable legal provisions on the protection of personal data and data security.
The privacy policy is an integral part of these terms and conditions. You can find the data protection policy on the homepage under Data Protection.
9 Copyright
The copyright and all other rights to the content, images, photos or other files on this website belong exclusively to EA or to the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.
10. Exclusion of liability
EA assumes no liability whatsoever with regard to the correctness, accuracy, up-to-dateness, reliability and completeness of the information. Liability claims against EA for damages of a material or immaterial nature arising from access to or use or non-use of the published information, through misuse of the connection or through technical faults, are excluded.
All offers are non-binding. EA expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without special notice or to discontinue the publication temporarily or permanently.
11. Severability clause
Should one or more clauses of these General Terms and Conditions be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
12 Applicable law
Swiss law shall apply exclusively. The place of jurisdiction is Zurich (CH).