Terms of Service
The Terms of Service can be downloaded here.
1. Scope of application and contracting parties
The following Terms of Service apply in the version valid at the time of the order for all contracts concluded between Luzian Obrist, Lothringerstrasse 95, 4056 Basel and you as a consumer for the purchase and delivery of ceramics from the online shop www. luzianobrist.com.
Only end consumers who meet the following criteria are entitled to purchase ceramics in the online shop www.luzianobrist.com:
· Completion of the 18th year of age at the time of appointment. If you are under 18, the cooperation of your legal representative is required.
You agree to be bound by the Terms of Service and Privacy Policy without reservation. During the ordering process, you have the option of viewing the Terms of Service and the Privacy Policy by clicking on "Nutzungsbedingungen" or "Datenschutzerklärung". Outside the order process, you can view the Terms of Service and the Privacy Policy via a link in the footer of the online shop www.luzianobrist.com and download and print out the valid version.
2. Order process and conclusion of contract
The selection of advertised ceramics in the online shop www.luzianobrist.com does not constitute an offer in the legal sense, but merely a non-binding invitation to you to submit offers to conclude a purchase contract for the presented ceramics to www.luzianobrist.com. By clicking on "ZAHLUNGSPFLICHTIG BESTELLEN" you submit your binding offer to purchase the ceramics collected in the "WARENKORB". Before you complete the order, you can view, change or delete the order data in the "WARENKORB" at any time.
After placing your order, you will receive an automatic confirmation of receipt via e-mail, which contains an order number, reflects the ordered ceramics and confirms the receipt of your order at www.luzianobrist.com.
Luzian Obrist has the right to decide at its sole discretion whether or not to accept your purchase offer. An acceptance, if any, will usually be made within 14 days after receipt of your order via e-mail in the form of a delivery confirmation. The contract is only concluded when Luzian Obrist issues the declaration of acceptance in the form of the delivery confirmation and relates exclusively to the ceramics listed in the delivery confirmation. No contract shall be concluded for ceramics whose delivery has not been confirmed. This applies regardless of whether amounts have already been debited from your account or not. In the event that amounts have been debited from your account and your offer to purchase is not or not fully accepted by Luzian Obrist, the amounts will be refunded to you.
3. Delivery, undeliverability, withdrawal and transfer of risk
The ceramics will be delivered to the delivery address you provide. Unless otherwise specified, orders will be securely packed and shipped within 5 working days. Once dispatched, a dispatch confirmation with a tracking number will be emailed to the customer. The tracking number allows the shipment to be tracked in a variety of countries. Depending on the country, tracking cannot be guaranteed.
3.1. Orders from Switzerland and the Principality of Lichtenstein
From the date of dispatch (see point 3), parcels are delivered within 2 working days Monday to Friday.
3.2. International shipping
Delivery times vary depending on the country. To countries close to the border (e.g. Germany, Austria and France) the delivery time is between 4-8 working days from the date of dispatch (see point 3). The delivery time for the UK is between 6-10 working days from the date of dispatch and parcels to the USA are delivered within 11-15 working days from the date of dispatch. Shipping abroad may incur customs clearance fees, which must be paid in full by the recipient. Delays in delivery time may occur due to customs clearance.
3.3. Collection in Basel
In the checkout area, it can be noted under "2. Order Options" that one would like to pick up the ordered ceramics in Basel. Customers who have selected this option do not pay any shipping costs and can arrange a pick-up date by e-mail. This will also be noted in the order confirmation.
Information on delivery periods and dates are non-binding.
4. Prices and shipping costs
All prices stated on the websites are final prices. The respective shipping costs and any additional costs are shown in the "CHECKOUT" and will be charged to you.
If the stated prices of ordered ceramics are obviously incorrect, Luzian Obrist has the right to cancel the accepted order. You have the option of reordering the ceramics at the correct price.
5. Payments
Luzian Obrist only offers the payment methods listed during the order process (payment by credit card or Paypal). Luzian Obrist reserves the right to exclude individual payment methods.
Payments with credit cards are subject to validity checks and authorisation queries by your financial institution. You will find further information on this in the Privacy Policy.
If Luzian Obrist approves the payment method, your account will be debited when the order confirmation is sent.
6. Right of revocation & return
You can revoke your contractual declaration within 14 days without stating reasons in text form (e-mail or letter) or - if the item is handed over to you before the deadline - also by returning the ceramics. The period begins after receipt of these instructions in text form, but not before receipt of the ceramics by the recipient. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period.
The revocation or return must be sent to:
In the event of dispatch of a written notice of revocation:
Luzian Obrist
Lothringerstrasse 95
4056 Basel
Switzerland
In the event of revocation by e-mail:
info@luzianobrist.com
In the event of revocation by return, the goods must be returned in their original packaging to:
Luzian Obrist
Lothringerstrasse 95
4056 Basel
Switzerland
You must pay compensation for any loss in value if you return the ceramics in a deteriorated or damaged condition. The ceramic is in a deteriorated condition if the handling of the ceramic exceeds the usual testing of its properties and functionality.
Pack the ceramics for return safely and in the same way as you received them. The ceramics will be returned at your expense and risk. Refunds will be made within 30 days. This period begins upon receipt of the returned ceramics.
7. Warranty
Luzian Obrist does not guarantee the accuracy and security of the information transmitted or accessed on the website. Likewise, no guarantee - either express or implied - is given for the information published on the website regarding ceramics, such as their descriptions, colours, materials, properties, etc. Any deviations in this respect do not constitute defects. Deviations in this respect do not constitute defects.
8. Liability and limitation of liability
Luzian Obrist shall be liable without limitation and exclusively (1) for damages the cause of which is based on intent or gross negligence, (2) if Luzian Obrist has fraudulently concealed a defect, (3) in the absence of a warranted characteristic, (4) in the event of injury to life, limb or health or (5) for claims under the Product Liability Act.
In the event of a breach of an essential contractual obligation, compensation shall be limited to the damages foreseeable at the time of conclusion of the contract and typical for the contract (essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely).
Insofar as the liability of Luzian Obrist is excluded or limited, this shall also apply in favour of its legal representatives and vicarious agents, insofar as you assert the claims against them.
9. Intellectual property
The content of the website, including the texts, images, photos, graphics, sounds, etc. (hereinafter referred to as "design elements") and the software are protected by copyright. The copyrights as well as the logo and all other intellectual property rights over the design elements and ceramics published in the online shop belong to Luzian Obrist or their licensors. The intellectual property rights may only be reproduced, published, transferred, modified or used in any other way by Luzian Obrist or its licensors, unless the use by third parties has been expressly authorised in writing in advance by the entitled parties.
10. Assignment of rights and obligations
Luzian Obrist has the right at any time to transfer or assign all or part of the rights and obligations under the contracts with you to third parties.
You are not entitled to transfer, assign or encumber any or all rights and obligations under the contracts with Luzian Obrist to third parties without the prior consent of Luzian Obrist.
11. Communications
Messages can be transmitted as follows:
Written:
Luzian Obrist
Lothringerstrasse 95
4056 Basel
Switzerland
E-mail:
info@luzianobrist.com
12. Severability clause
Should individual provisions of these Terms of Service be or become invalid or void in whole or in part, or should these Terms of Service contain loopholes, this shall not affect the validity of the remaining provisions of these Terms of Service.
13. Waiver
If Luzian Obrist does not insist on your performance of the contractual obligations or does not exercise the rights available to it, this shall not constitute a waiver. You shall remain bound by the contractual obligations until Luzian Obrist notifies you expressly and in writing of a waiver.
14. Privacy policy
Luzian Obrist assumes responsibility for all personal data that you transmit when using the online shop www.luzianobrist.com. Within the framework of its data protection declaration, Luzian Obrist explains how the personal data is processed and protected by it. You can find the complete data protection declaration by clicking on the link in the footer of the online shop www.luzianobrist.com.
15. Applicable law
Swiss law is applicable to the contracts between Luzian Obrist and you. The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and any other intergovernmental agreements are excluded.
The place of jurisdiction is Basel. However, Luzian Obrist has the right to bring an action before the competent courts in your place of residence.