General Terms and Conditions (GTC)

Allegra Projects AG
Via Somplaz 1 – CH 7500 St Moritz
Phone: +41 79 727 72 72
Status: 01.01.2023
Version: 1

1. General

These General Terms and Conditions (GTC) of Allegra Projects AG, Via Somplaz 1 – CH 7500 St Moritz, Switzerland (Company) apply to all legal transactions concluded via the online platform or the website or the webshop or corresponding sub-sites (Webshop). The Company is the operator of the Webshop and seller of the products. Customers are the buyers who purchase products via the Webshop (Customers).
The Company reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply.
Any terms and conditions of the Customer that conflict with or deviate from these GTC shall not apply and shall have no legal effect between the parties.
The Company may, at its own discretion, temporarily or permanently exclude Customers from using the Webshop who violate the GTC or fail to pay their invoices.

2. Product, price, shipping costs, availability and delivery time

2.1 Product and Price

All sales prices published in the Webshop refer to Swiss francs (CHF) and include Swiss VAT. Other possible taxes, duties, fees, customs or costs are not included in the sales prices published. If shipped abroad (outside Switzerland), Swiss VAT will be deducted from the sales prices published, the Customer’s local VAT will apply instead, and the Customer will have to pay customs and corresponding fees. Additionally, the Company may levy shipping costs (see below). The Company reserves the right to change the prices of the products offered at any time. The price in the Webshop at the time of the order is decisive for the conclusion of the purchase contract.

2.2 Shipping Costs

Any shipping costs are shown during checkout in the Webshop.
Unless and insofar as stated otherwise in the Webshop, the Company shall deliver free of shipping costs within Switzerland and the European Union for orders of CHF 300.00 or more. For orders of less than CHF 300.00, the Company shall charge an additional shipping fee of CHF 9.00 per order. For orders of less than CHF 50.00, the Company shall charge an additional small quantity surcharge of CHF 5.00 per order (in addition to the shipping charge of CHF 9.00). Deviating information in the Webshop remains reserved.
For deliveries outside Switzerland and the European Union additional shipping costs will be charged as indicated in the Webshop or during the ordering process.

2.3 Availability and Delivery Time

The Company attaches great importance to providing up-to-date and accurate information on availability and delivery times in the Webshop. However, delays in delivery may occur, in particular due to production or delivery problems or delays. All information on availability and delivery times is therefore without guarantee and may change at any time.

2.4 Product Details

The Company excludes any liability for the correctness and completeness of the respective product descriptions and labels in the Webshop.
Images of products in the Webshop are for illustration purposes only and are not binding.

3. Conclusion of contract

The Webshop is aimed exclusively at persons who are over 18 years of age. By sending their order, Customers confirm that they are at least 18 years old.

The presentation of the products in the Webshop does not constitute a legally binding offer, but an invitation to the Customer to place a binding order (offer to conclude a contract).
By clicking the button “Order” (or equivalent) the Customer places a binding order for the products listed on the order page.
Upon receipt of the order, the Company shall confirm receipt of the order by e-mail. However, the purchase contract shall not be concluded until the products have been dispatched. Until the products have been dispatched to be sent to the Customer, the Company shall be free to reject or not deliver product orders in whole or in part, with no obligation to state any reasons. In this case, the Customer will be informed immediately, and any payments already made will be refunded.

4. Delivery date

The delivery time will be displayed to the Customer during the order process. It can also be viewed in the order overview in the Webshop user account. When the order is dispatched, the Customer receives a dispatch confirmation by e-mail. This may contain a tracking link of the shipping service provider, via which the delivery can be tracked.
In the event of late delivery, the Customer shall have the right to cancel its order as of the 30th calendar day following the originally announced delivery date. In this case, the Company shall refund to the Customer any amounts already paid. Any further claims against the Company are excluded.

5. Delivery

The ordered products will be delivered to the Customer via post, courier or carrier to the delivery address specified by the Customer in the order.
The Customer’s delivery address must be easily accessible. If this is not the case, the Customer bears any additional costs.
If the Customer does not accept the ordered products on the agreed or indicated delivery date, the Company may withdraw from the contract and charge the Customer for the delivery and return costs incurred and any loss in value.

6. Third-Party Service Providers

For the logistic handling, the delivery (see above) and as contact persons for returns and support, the Company may engage third-party service providers (auxiliary persons).

7. Warranty

7.1 Duty of Inspection

The Customer must immediately inspect delivered products for correctness, completeness, defaults, and delivery damage.
Delivery damage, defaults, incorrect and incomplete deliveries must be reported to the Company within 14 calendar days from the date of delivery in the case of recognizable defects, and immediately after discovery in the case of defects that are not immediately recognizable. A corresponding report to the Company must be made via the contact form in the Webshop, by e-mail or by letter. The Customer may not use the product concerned or continue to use it. The delivery shall be deemed to have been approved if the Customer fails to comply with these obligations to inspect and report defects within the specified period or if the Customer uses the product despite recognizable defect.

7.2 Remedies

The Company may remedy defects either by subsequent performance, i.e. either by reparation (rectification) or by delivering a defect-free item (replacement). The return costs incurred shall be borne by the Customer.

7.3 Expiration of Warranty Claims

After 24 months from delivery of the products, any warranty claims of the Customer expires, even if defects have remained undiscovered until then.

8. Return of defect-free products

Defect-free products can only be returned in the original packaging (not unwrapped), unused and in perfect condition. Returns must be made within 21 calendar days from the date of delivery. All return costs and fees shall be borne by the Customer. The Customer is responsible for any transport damage.
The Company may refuse or return late returns or products that are not in the above-mentioned condition, again at the expense and risk of the Customer.

9. Liability and disclaimer

To the extent permitted by law, any liability of the Company is excluded. In no event shall the Company be liable for (i) ordinary (not gross) negligence, (ii) indirect and consequential damages and loss of profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of the Company’s auxiliary persons, whether contractual or non-contractual.

10. Payment

The Customer is obliged to pay the purchase price. All payments must be made in Swiss francs (CHF). Payment in other currencies is only possible with the express prior consent of the Company.
For this purpose, the Customer may use the payment options offered as means of payment in the Webshop under “payment options”. The Company may unilaterally adjust these at any time. If the Company offers the Customer the option “payment on account”, the invoice amount must be paid within 10 calendar days of receipt of the delivery without any (discount) deduction.
When paying by credit card or other instant payment methods, the purchase price and any fees and costs will be charged before the ordered product is shipped.
Ordered products remain the property of the Company until payment has been made in full. The Company is entitled to make a corresponding entry in the retention of title register.
Refunds to the Customer will only be made by the means or to the account used by the Customer when the order was placed.

11. Other provisions

11.1 Data Protection

The Privacy Policy applies to the processing of personal data by the Company.

11.2 Severability

Should any provision of these GTC be or become void or invalid, the remaining part of these GTC shall not be affected thereby. Void or invalid provisions shall be replaced by such valid provisions that come as close as possible to their economic purpose. The same procedure shall apply in case of a contractual gap or if a provision proves to be unenforceable.

11.3 Applicable Law and Place of Jurisdiction

All legal relations between the Company and the Customer shall be governed exclusively by Swiss substantive law, to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
The ordinary courts of St. Moritz, Switzerland, shall have exclusive jurisdiction over all disputes between the Company and its Customers.