GENERAL TERMS AND CONDITIONS
Y COUTURE FINE ART sagl
Via ai Ronchi 3 – CH- 6912 Pazzallo Tel.+41 91 2257838 Fax. +41 91 2257830
Art. 1 CONTRACTUAL PARTNERS
These terms and conditions contain the only terms and conditions applicable between you (CUSTOMER) and us, Y Couture Fine Art sagl, Via ai Ronchi 3 – 6912 Lugano Pazzallo Switzerland, if they are not modified by written agreement between the parties. We are your contractual partner. The following terms and conditions are valid for to the purchase of all goods that are offered in the catalogue of the online boutique operated by us.
Art. 2 CONTRACT STIPULATION
2. 1 The presentation of the offered goods in the online boutique does not represent a binding offer, but rather a non-binding online catalogue.
2.2 Before every purchase please check the table sizes.
2.3 By clicking the "Send Order" button, CUSTOMER a binding order for the goods included in the shopping cart (basket), according to Art. 187 ff. CO and CUSTOMER confirms, that he red and accepted the general terms and conditions of YCOUTURE.
2.4 YCOUTURE will confirm CUSTOMER Order via e-mail. This Order Confirmation does not represent acceptance of CUSTOMER Order, but instead is to merely inform that YCOUTURE have received the Order. The Purchase Contract between CUSTOMER and YCOUTURE is valid only if the order has been regularly paid. After that YCOUTURE will send to the CUSTOMER the ordered goods and confirm the done shipment with a second e-mail, the shipment notice. There exists no Purchase Contract for goods which are not included in the confirmation of shipment.
Art. 3 DATA PROTECTION
3.1 YCOUTURE use CUSTOMER’S data to process the ORDER. All data are stored and handled in compliance with the relevant swiss rules of the federal act on data protection and the relevant rules of Teleservices Data Protection.
3.2 YCOUTURE do not provide CUSTOMER’S data to third parties without his explicit consent, which can be revoked at any time. This does not include our service partners that need data forwarded for order processing (the shipping company charged with the delivery, Finance Institutes, etc.). In these cases, however, the extent of the data forwarded is limited to the minimum required.
3.3 If CUSTOMER has subscribed to our Newsletter, YCOUTURE will send information about our goods and offerings via e-mail. Unsubscription from the newsletter is possible at any time.
3.4 CUSTOMER has a right to information about his stored data, and to correct, block and if necessary delete it at any time without charge. Please contact us via e-mail at firstname.lastname@example.org or send us your request by mail or fax.
Art. 4 DELIVERY TIME AND SHIPPING COSTS
4.1 Normally the delivery time is 7 days, if no other delivery time was specified in the ORDER. Specifications regarding the delivery times are non-binding to the extent that the delivery deadline was not promised in a binding manner and in a written form by way of an exception. If the ordered goods are not deliverable within the delivery time specified below, for instance as a result of great demand, then YCOUTURE will promptly inform the CUSTOMER about the delay.
4.2 With purchases over 150.-CHF, YCOUTURE does not charge any shipment costs worldwide.
4.3 In case of cancellation of the Purchase Contract, the items must be sent back to YCOUTURE on your own charge and risk.
Art. 5 TERMS AND PAYMENT CONDITIONS
5.1 The purchase price is immediately due after having received the invoice (available only in Switzerland). Payment for the goods can be made also by Credit Card, by prepayment, Bank Transfer, or by PayPal, at CUSTOMER’S election.
5.2 As payment form YCOUTURE accept Gift-Cards that have been issued before. In case for defects of the items or lost items through transport companies will be issued a Credit Note. Please note that in no case may these Gift-Cards be paid out in cash or transferred, not even in the event of a return of the entire order or of parts of it for which a Gift-Card was applied to the purchase price. In such a case, the Gift-Card portion of the credit will be issued back to you a new Gift-Card.
Art. 6 RETENTION OF TITLE
The goods remain property of YCOUTURE until payment in full. If CUSTOMER fall into default in payment by more than seven days, YCOUTURE have the right to withdraw from the Purchase Contract.
Art. 7 RIGHT OF CANCELLATION AND CONSEQUENCES
7.1 RIGHT OF CANCELLATION
7.1.1 CUSTOMER can cancel contractual declaration within 7 days, in written form (letter, fax, e-mail, for example) by sending the item back. The 7 days period begins after receipt of items.
7.1.2 CUSTOMER cannot cancel contractual declaration for purchases of dresses that are produced expressively based on CUSTOMER ORDER; see FIT GUARANTEE.
7.1.3 To respect the time of cancellation, please send back the right of cancellation form together with the purchased item and with proof of the transport company that you have sent back the item.
7. 2 CONSEQUENCES OF CANCELLATION
7.2.1 In the event of a valid cancellation, the payments received by each party are to be returned. If the payment has been done by Credit card, the commission paid by YCOUTURE will not be refund to the CUSTOMER. In other words rendered will be the paid amount minus the commission paid by the Credit Card company.
7.2.2 The items must be sent back whole and in a perfect condition, in the original package and with the labels of YCOUTURE/yadiracapote.com/Yadira-Capote-Thondike. The items should not be used for personal use. The no respect of these rules or in case the items are damaged, dirty, any right of compensation of the goods from is cancelled: YCOUTURE will not refund the amount of your contract in any of these cases.
7.2.3. In case the transport company damages or loose the packages, YCOUTURE will refund the CUSTOMER, if the items were correctly insured by the transport company.
7.2.4 If the goods are dresses, especially ordered (individually), there is no right of cancellation, but YCOUTURE give the FIT GUARANTEE.
7.2.5 In case of defected goods, YCOUTURE will issue a Credit Note in the amount paid. The Credit Note is valid for 1 year. In case of defects, CUSTOMER should notify this to YCOUTURE immediately after having received the goods and must send them back to YCOUTURE within 5 days.
7.2.6. Obligations to return payments must be fulfilled within 15 days. The period begins for YCOUTURE upon receipt the goods.
Art. 8 FIT GUARANTEE
Our dresses are hand-made by experienced tailors, based on the measurements in the Size-Tables. However, sometimes items may need to be adjusted and so YCOUTURE a Fit Guarantee:
8.1 CUSTOMER bring the dress to a his local tailor.
8.2 Have the necessary adjustments made within 20 days of receiving the order.
8.3 Get an Invoice or Receipt from the tailor .
8.4 e-mail the Invoice/Receipt to : email@example.com
8.5 YCOUTURE will refund the amount of the adjustment as per the following Table 8.6.
8.6.1 Complete Dress : 100.-€ / 100.-CHF
8.6.2 Cape/Cloak : 70.-€ / 70.-CHF
8.6.3 Top/Shirt : 40.-€ / 40.-CHF
8.6.4 Skirt/Pant : 30.-€ / 30.-CHF
Art. 9 DISPUTES
Valid is the law of Switzerland as any other laws here applicable, under exclusion of the Convention on Contracts for the International Sale of Goods. If no any special other legal venue has been agreed, Lugano is the legal venue for all disputes.
Status of the General Terms and Conditions: October, 2016