Terms and conditions
1. General Provisions
1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which ATELIER VERTO GMBH, a company incorporated under Swiss law.
1.2. These General Terms will apply to any contract for the sale of Products by ATELIER VERTO GMBH to you.
1.3. The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract, in their country.
1.4. We reserve the right to amend or update all or part of these General Terms from time to time, without notice.
2. Shipping, Delivery and Collection
2.1. The purchased Products will be delivered worldwide.
2.2. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered either to the address indicated by you in the order form or our stores offering a pick-up in store service. We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels.
2.3. The purchased Products will be shipped out only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we can delay or refuse dispatching the Products without liability to you.
2.4. We will take all reasonable steps to deliver the purchased Products or make them available for collection at our Store within the estimated periods communicated to you, except if a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs. If the delivery has not occurred within thirty (30) days of the Order Acceptance, you will be entitled to cancel the Contract and we shall, without undue delay, refund you all sums paid under the Contract.
3. Risk and Title
3.1. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you or such person designated by you from your Selected Store.
3.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address or collected at your Selected Store, as applicable.
4. Right of withdrawal/cancellation and Returns
4.1. You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within thirty (30) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.
4.2. The right of withdrawal does not apply to orders for (i) personalized Products, such as monogrammed Products (ii) Products made to measure or to your specifications; (iii) Products likely to be easily deteriorated or expired; and (iv) Products which cannot be sent back given their nature (e.g. unsealed fragrance or cosmetics products), or for hygiene reasons (such as underwear, bathing suits, swim trunks, earrings and pierced jewelry), (v) latex Products and (vi) any other Product that you were informed at the time of submitting your order could not be returned (“Non-returnable Products”).
4.3. To exercise your right of withdrawal, you must inform us of your decision to exercise your right of withdrawal /to cancel the Contract within the period of time mentioned in Section 4.1 above:
• by sending us by email or by ordinary mail:
- the Model Withdrawal/Cancellation Form set out at the end of these General Terms, duly filled in and signed by you,
- a letter including the following information: (i) indication of the Products for which you wish to exercise your right of withdrawal/right to cancel; and (ii) the order number,
to the following recipient’s address or email:
ATELIER VERTO GMBH, Zinnengasse 6, 8001 Zürich, Tel. +41 44 223 98 39, Email email@example.com
4.4. The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents (e.g., instructions booklet, Product certificates, etc.) if any, and undamaged box, if applicable.
4.5. If a returned Product does not meet the conditions for its return, as listed in Section 4.4 above, we will send back such Product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within thirty (30) days from the date we informed you of the rejection of the returned Products, unless a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs.
4.6. We will refund you all amounts paid by you, including the delivery charges, if any, (except that, with respect to the delivery charges, the maximum refund, if any, will be the costs of delivery by the least expensive delivery method we offer) within fourteen (14) days from the date we received back from you the Products, or you have provided evidence that you have returned them, whichever is the earliest. We will refund you using the same payment method that you used when you placed your initial order. If you paid cash on delivery of the Products ordered, if available, cash refunds are not available, and your refund will only be released by wire transfer. Please note that we may reduce your refund to reflect any diminished value of the Products resulting from your handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
To the extent permitted by applicable law, we shall not be responsible for any delay that is beyond our control including for delays caused by the method of purchase or refund, including delays caused by credit card/debit card companies refund policies.
5. Entire Agreement
5.1. These General Terms and any document expressly referred to in them represent the entire agreement and understanding between us in relation to the sale of Products from us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
6. Applicable Law and Jurisdiction
6.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of Switzerland (without reference to its conflict of law provisions).
5.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts of your place of residence.