Terms and Conditions
General terms and conditions for the minibag online store
General, validity, clientele, language
(1) All offers, sales contracts, deliveries and services based on orders from our customers via our online store www.minibag.com (hereinafter the “Webshop”) are subject to these General Terms and Conditions. In particular, they apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) The product range in our web shop is aimed at consumers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that cannot be attributed to his commercial or independent professional activity.
(3) The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
(4) The contracts with the customer are concluded exclusively in German (or English) (depending on whether the customer places the order via the German-language or English-language website of the web shop. If the customer places the order via our German-language website, the only the German version of these General Terms and Conditions is authoritative. If the order is placed via our English-language website, only the English version of these General Terms and Conditions is authoritative.)
Conclusion of contract, order
(1) The presentation of our goods in the web shop merely represents a non-binding invitation to order a product from us.
(2) By placing and sending an order in the web shop (which requires prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the product in question and to conclude a purchase contract. The customer is bound by the offer until the end of the third working day following the day of the offer.
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer. The automatically generated e-mail order confirmation does not yet represent acceptance of the offer, but merely documents that we have received the order. The decision as to whether to accept an order is at our absolute discretion. If we will not fulfill an order, we will inform you immediately. The offer is only deemed to have been accepted by us as soon as we make a binding declaration of acceptance to the customer (by e-mail) or deliver the goods. The purchase contract with the customer only comes into existence upon our acceptance.
(4) If, while processing your order, we discover that the product you have ordered is no longer available, you will be informed by email. In this case, a contract for the unavailable goods does not come about because the offer has not been accepted.
(5) The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the "ADD TO SHOPPING CART" button
3) Checking the information in the shopping cart
4) Press the "CHECKOUT" button
5) Registration in the online shop after registering and entering the registration details (e-mail address and password).
6) Re-examination or correction of the entered data.
7) Binding dispatch of the order.
Before the binding submission of the order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button in the Internet browser he is using after checking his details Closing the internet browser cancel the ordering process.
(6) Storage of the text of the contract for orders via our online store: We save the order and send you the order data and our general terms and conditions by email. You can also view the terms and conditions at any time at https://minibag.com/pages/terms-and-conditions.
(7) Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation policy that is communicated to him as part of the order on our website and to return the goods.
right of withdrawal
The customer has the right to revoke his contract declaration within fourteen days in text form without giving reasons. The cancellation period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). The declaration of revocation can also be made by returning the goods without an additional declaration within the specified revocation period.
Your declaration of revocation or the return of the goods should be sent to us, namely to:
dieTShirt AG
minibag
Hafenstrasse 2
CH - 8853 Lachen
Switzerland
Phone: +41 (79) 788 99 55
office@minibag.com
To meet the cancellation deadline, it is sufficient for you to send us the notification of exercising your right of cancellation or send the goods to us.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs - with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have to pay back immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract or the returned goods. For this repayment, we use the same means of payment that you used for the original payment transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back. The earlier point in time is decisive for this. You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract
dieTShirt AG
minibag
Hafenstrasse 2
CH - 8853 Lachen
Switzerland
to be returned or handed over.
The cancellation period is met if you send back the goods before the period of fourteen days has expired. We bear the costs and the risk of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Imprint / contractual partner
dieTShirt AG
Hafenstrasse 2
8853 Lachen
Phone: +41 (79) 788 99 55
office@minibag.com
Company number: CH-170.3.029.781-4
Prices, Payment Methods and Set-Off
(1) Our prices include the applicable statutory value added tax, but not shipping costs. Customs duties and similar charges are to be borne by the customer.
(2) The goods can be paid for using the payment methods suggested in the ordering process and under the conditions specified there. Possible payment methods are advance payment, credit card (Visa, Mastercard), PayPal. Depending on the result of the verification of your data (identity and credit check), we reserve the right to exclude certain payment methods.
(3) If the customer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.
(4) If you are in default of payment, we reserve the right to charge you a reminder fee of EUR 10. In the event of a delay in payment, you undertake to reimburse all costs, expenses and cash expenses that we incur in pursuing our claims. This includes, without prejudice to a procedural obligation to reimburse costs, also all extrajudicial costs of a commissioned collection agency or lawyer.
(5) The customer has no right of offsetting or retention unless the counterclaim is undisputed or has been legally established.
Shipping of the goods, shipping costs
(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch immediately.
(2) If the consumer has chosen to pay in advance, we will not ship the goods before receipt of the full purchase price (including VAT and shipping costs). In this case, the goods remain reserved for the buyer for 5 days. If no payment is received by then, they will be released for sale again.
(3) If the goods cannot be delivered or cannot be delivered on time, we will inform the customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will reimburse the customer for payments made to us immediately. Any legal rights of the customer due to delay in delivery are not affected by the above regulation, whereby the customer can only demand compensation in accordance with the special provisions of paragraph 9 of these General Terms and Conditions.
(4) We are entitled to partial deliveries of products that are included in an order and can be used separately, whereby we bear the additional shipping costs caused by this.
(5) The minibag online store delivers free of charge within Switzerland and the European Union by Swiss Post or dpd. The delivery time is approximately 2 to 5 working days after the goods have been dispatched.
(6) If goods are delivered with obvious damage to the packaging or the contents, the customer must, without prejudice to his warranty rights, complain immediately to the delivery agent concerned and refuse acceptance and contact the minibag online store immediately via the telephone number given above or on any other way (email/post) so that minibag can protect any rights it may have against the sender.
Shipping, Insurance and Passing of Risk
(1) Unless expressly agreed otherwise, we determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated in the web shop is therefore non-binding and serves as a guide.
(3) The risk of accidental loss, accidental damage or accidental loss of the delivered goods is transferred to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance.
(4) We will insure the goods against the usual transport risks at our expense.
retention of title
(1) We reserve ownership of the goods delivered by us until the purchase price (including VAT and shipping costs) for the goods in question has been paid in full.
(2) Without our prior written consent, the customer is not entitled to resell the goods delivered by us that are subject to retention of title. In the event of a possible resale, the customer hereby assigns to us the claims from the resale up to the amount of the purchase price to be paid to us plus a surcharge of 20%. We hereby authorize the customer to collect the claims assigned in this way in the ordinary course of business, although we can revoke this authorization at any time if the customer is in default of payment.
warranty
(1) Unless expressly agreed otherwise, the statutory warranty regulations apply. If the delivered goods have a material defect, the customer can choose to have the defect rectified or goods that are free of defects delivered. We can refuse the type of supplementary performance chosen by the buyer if this involves disproportionate costs.
(2) If the supplementary performance fails or is unreasonable for the customer or if we refuse supplementary performance, the customer is entitled to withdraw from the purchase contract, reduce the purchase price or demand damages or reimbursement of his futile expenses. The special provisions of paragraph 10 of these General Terms and Conditions also apply to claims by the customer for damages.
(3) The warranty period is two years from receipt of delivery.
Liability
(1) Claims for damages can only be asserted against us – for whatever legal reason and including liability for legal representatives or vicarious agents – in the event of intent or gross negligence.
(2) In the case of simple negligence, we are only liable:
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from the above do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods.
privacy
(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data due to legal regulations.
(2) We reserve the right to transmit the customer's personal data to credit agencies if this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will also not pass on any other personal customer data to third parties without the express consent of the customer, unless there is a legal obligation to release this data.
(3) Please also consider the privacy policy at https://minibag.com/pages/privacy-policy
Applicable Law and Jurisdiction
The sales contract existing between us and the customer is subject to Swiss law, subject to mandatory statutory provisions of international private law, excluding the UN Sales Convention.
Severability clause:
Should a provision of this agreement be or become invalid in whole or in part, or should a gap in this agreement become apparent, this shall not affect the validity of the remaining provisions. Instead of the invalid or missing provisions or parts thereof, the statutory provisions or those provisions that come closest to the economic intention of the parties.
May 2019
