GTC - RockingCarpets.ch General Terms and Conditions


§ General

  1. The following general terms and conditions apply to all business relations (including all orders placed over the phone, fax, internet, e-mail or post) between Jolie Concepts GmbH or the online shop RockingCarpets.ch, operated by Jolie Concepts GmbH, and its customers, hereinafter referred to as the buyer. The version of the general terms and conditions that is in effect at the time of the order is the one that is binding; this is the version that applies to all future business transactions. By using RockingCarpets.ch and, in particular, by placing an order with RockingCarpets.ch, the customer agrees to the following terms and conditions.

  2. Deviations from these general terms and conditions are only valid if they are expressly acknowledged and confirmed by Jolie Concepts GmbH in writing. Even if not expressly objected by Jolie Concepts GmbH, the buyer’s conditions of purchase are not considered binding. Counterclaims on the part of the buyer with reference to its own business or purchase conditions are hereby generally refuted.

§ Offerings and conclusion of contract

  1. An order by a customer is only an offer to enter into a purchase contract with RockingCarpets.ch. After the order has been received, RockingCarpets.ch will duly inform the customer (order confirmation). The order confirmation does not expressly constitute an acceptance of the customer’s purchase. The purchase contract is concluded when RockingCarpets.ch accepts the offer. Acceptance is confirmed in the form of an e-mailed shipping confirmation or through the delivery of the ordered item. It can be assumed that the offer to conclude a purchase contract with RockingCarpets.ch takes effect within two weeks of receipt of the order.

  2. RockingCarpets.ch exclusively concludes contracts with legal persons or with natural persons of full age and capacity. If it is established that the buyer does not meet these criteria, RockingCarpets.ch reserves the right to terminate the contract without prejudice.

  3. If an item should unexpectedly not be available, RockingCarpets.ch reserves the right to offer a replacement item that is equivalent to or close in terms of price and quality. The buyer reserves the right to refuse this offer.

  4. RockingCarpets.ch reserves the right to limit the order quantity for each item to the normal household quantities. It is worth noting that RockingCarpets.ch offers primarily one-of-a-kind items that cannot be exactly reproduced.

  5. If RockingCarpets.ch does not receive deliveries from its suppliers or does not receive deliveries on time, RockingCarpets.ch is entitled to withdraw from the contract. The buyer shall be informed immediately of the unavailability of the item(s) in question. Any services already provided (payment) by the buyer shall be reimbursed respectively, as soon as possible.

§ Prices and Fees

  1. All prices listed are inclusive of the statutory valued added tax as applicable in Switzerland and exclude shipping and handling costs. Prices are listed in Swiss francs. The price in effect at the time of the order is the price that applies.

  2. In principle, RockingCarpets.ch delivers only to addresses in Switzerland and the Principality of Liechtenstein. For possible deliveries to other countries, additional costs such as tax, customs duties and other fees are not included in the price and must be covered by the buyer. Where applicable, they may be referred to a local partner shop.

  3. RockingCarpets.ch shall cover the cost of shipping the ordered item(s). For orders under CHF 100.-, RockingCarpets.ch reserves the right to charge a minimum order fee. The buyer will be informed of this prior to the conclusion of the purchase contract.

§ Shipping and Handling Fees

  1. Deliveries are made in accordance with shipping requirements in effect at the time of the placement of the order. Stated delivery times are non-binding provided RockingCarpets.ch has not expressly indicated a delivery date in writing.

  2. For logistical reasons, RockingCarpets.ch does not operate a warehouse, which is why all deliveries are sent via service providers such as, for example, the Swiss postal service or DPD.

  3. As a rule, orders are processed and sent within five to ten working days. The buyer will receive a shipping confirmation via e-mail.

  4. After an initial delivery attempt by the logistics service providers, the transport risks are transferred to the buyer.

  5. If delivery and services are delayed due to force majeure or external events render the delivery difficult or impossible for RockingCarpets.ch or its suppliers, then RockingCarpets.ch reserves the right to delay the delivery for the duration of the hindrance plus a reasonable period or to terminate a contract that is either partially concluded or not concluded. The buyer is not entitled to assert claims for damages due to delayed deliveries or non-delivery.

  6. If acceptance by the buyer is delayed, RockingCarpets.ch reserves the right to claim for resulting damages or be reimbursed for additional related expenses. RockingCarpets.ch reserves the right to lodge further claims.

§ Terms of Payment and Retention of Title

  1. The purchase price is due on acceptance of the order.

  2. Discounts or discount deductions are not permitted, unless expressly offered by RockingCarpets.ch (for example, special discount coupons).

  3. RockingCarpets.ch first considers a payment as complete once this amount is available in full to RockingCarpets.ch. RockingCarpets.ch does not recognise collections by third parties.

  4. All deliveries occur under retention of title. This means that the items remain the exclusive property of RockingCarpets.ch until the purchase price is paid in full, in addition to any possible ancillary claims.

  5. Unless agreed upon otherwise, all invoices are to be paid within ten days following the date on which the invoice was issued.

  6. RockingCarpets.ch reserves the right to impose late payment fees. First reminder: CHF 0.-, second reminder: CHF 20.-, third reminder with prosecution fee: CHF 160.-. After the third reminder, any outstanding fees can be paid to RockingCarpets.ch via a collection agency or a solicitor, no questions asked.

The first two reminders will be sent only by e-mail. The third reminder will be sent via registered mail.

§ Cancellation Policy

  1. There is no cancellation right.

§ Limitation of Liability and Defect-Related Rights

  1. Unless otherwise agreed upon, statutory regulations apply to any defective delivered items.

  2. If a delivered item is defective or damaged, this must be reported to RockingCarpets.ch immediately on receipt of the item (preferably via e-mail). For the legal time limits to apply, RockingCarpets.ch must have received this notification.

  3. Warranty claims are categorically restricted to subsequent performance. Subsequent performance is expressly carried out ex gratia and therefore does not invoke a renewal of the statutory period (for example, the limitation period). Only if the subsequent performance cannot be carried out does the buyer have the right to withdraw from the contract or to demand a reduction in the purchase price.

§ Data Protection

  1. All data saved by RockingCarpets.ch is treated confidentially. For more details on how we deal with data, see our privacy statement.

§ Claims, Applicable Law, and Place of Jurisdiction

  1. Buyers must send claims to RockingCarpets.ch in writing or via e-mail.

  2. In cases of disputes, Swiss law applies, particularly when items are delivered outside of Switzerland.

  3. The place of jurisdiction is the headquarters of Jolie Concepts GmbH.

§ Exclusion of Liability

  1. By visiting the RockingCarpets.ch website, you agree to this disclaimer. Any other agreements also apply to these conditions.

  2. Any information published on the RockingCarpets.ch website is to be used exclusively for personal reasons and for information purposes. RockingCarpets.ch has published the information contained herein with due diligence. However, RockingCarpets.ch does not guarantee, whether expressly or implicitly, the accuracy, completeness and validity of the contents on these pages.

  3. RockingCarpets.ch hereby excludes any liability for losses or damages of any type, as well as direct or indirect consequential damages that may arise through the use of the pages on the RockingCarpets.ch website or through links to third party websites. RockingCarpets.ch does not guarantee that all parts of its website operate error-free at all times. In particular, RockingCarpets.ch is excluded from liability related to the intentional or unintentional manipulation of a site visitor’s computer through unauthorised parties. We would like to expressly draw your attention to the risk of viruses, malware and the possibility of targeted hacking. We recommended using the appropriate virus protection software. This applies also to opening e-mails from an unknown sender and unknown or unexpected e-mail attachments.

  4. The entire contents of our website are protected under copyright law. The individual elements of the website are the exclusive property of Jolie Concepts GmbH. Saving or printing contents from this website is only permitted if the source is indicated in its entirety. However, Jolie Concepts GmbH is the sole holder of the property rights.

    Reproducing in full or in part, transferring (electronically or via other means), linking of modifying the contents of the RockingCarpets.ch website is only permitted with the express, written permission on the part of Jolie Concepts GmbH.

    Furthermore, this applies in particular to the use of search engines (e.g. Spider, Bots, Crawler, etc.), which systematically and automatically call up, transmit and/or index the contents of our website. We explicitly reserve the right to take measures against perpetrators and, where applicable, to claim for damages.

  5. RockingCarpets.ch can use links to the website of third parties. These are fully beyond the scope of influence of RockingCarpets.ch. No responsibility can be taken for the accuracy, completeness and validity of the contents of these websites.

§ Final Provisions

  1. All offers on RockingCarpets.ch are non-binding and without obligation.

  2. RockingCarpets.ch strives to describe all items offered on its website as precisely as possible, or to include photos with the items. Many of the items available on RockingCarpets.ch are handcrafted and are, for the most part, one-of-a-kind, which means that the item delivered to your home might vary slightly from the item on the website. These minor deviations do not entitle the buyer to issue a claim for defects.

  3. Ancillary agreements, changes and additions to these General Terms and Conditions must be made in writing to be considered legally valid.

§ Severability

  1. Should individual provisions under these General Terms and Conditions be or become ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions under these General Terms and Conditions. A provision which is as close as possible to the economic purpose of the ineffective or unenforceable provision shall take the place of the ineffective or unenforceable provision. This also applies to any loopholes under these General Terms and Conditions.