I. General Principles
1. Scope
These General Terms and Conditions («GTC») govern the contractual relationship between ciaras ag (CHE-113.703.436) («Ciaras» or «Online Shop») and its customers («Customer») for orders placed and contracts concluded in the Ciaras Online Shop. These GTC take precedence over any conflicting terms and conditions of the customer, unless Ciaras has expressly accepted such terms in writing.
Ciaras reserves the right to amend the GTC at any time. The version applicable at the time of the order shall apply and cannot be unilaterally changed for that order.
II. Terms of Sale / Procurement of Products
2. Conclusion of Contract
The presentation of products in the online shop is not a legally binding offer but a non-binding online catalog or an invitation to the customer to place an order.
An order constitutes an offer to the Online Shop to conclude a contract.
After submitting the order, the customer receives an automatic confirmation of receipt. After this confirmation, the order can no longer be changed and is binding.
The Online Shop may reject orders in whole or in part without providing reasons. In such cases, the customer will be informed, and any payments already made will be refunded. Further claims are excluded. Products that are temporarily unavailable cannot be reserved.
A contract is only concluded upon dispatch of the products, agreement of delivery date, or notification of pickup. The customer will be informed by email when the order is shipped.
For custom or special orders, the contract is concluded with the written order confirmation.
3. Delivery, Acceptance, Inspection, and Complaints
Delivery times stated in the online shop are non-binding and begin upon order or, for advance payments, upon receipt of payment.
A provisional delivery date is provided with the order confirmation.
Claims due to delays or partial/non-delivery are excluded. Ciaras may withdraw from the contract if delivery becomes unreasonably difficult or impossible. Partial deliveries are permitted.
The customer must accept and inspect the delivery and report any visible defects in writing within 10 working days. Hidden defects must be reported within 10 working days of discovery. Otherwise, the delivery is deemed accepted.
Returns must be reported in writing within 10 working days. Custom-made, opened, used, or personalized items are excluded from returns.
Natural product variations in color, texture, or scent are normal.
4. Place of Fulfillment and Transfer of Risk
Unless agreed otherwise, delivery is fulfilled and risk transferred when the product leaves Ciaras’ or its supplier’s premises.
ICC Incoterms apply as part of the contractual terms.
The customer is solely responsible for compliance with legal regulations related to the handling of chemicals or hazardous goods.
5. Warranty and Liability
Ciaras will, at its discretion, replace defective goods or refund the purchase price if the defect is reported per clause 3. Warranty claims expire 12 months after contract conclusion.
Liability for damages due to defective products or contractual breaches is excluded to the extent permitted by law.
6. Prices and Terms
Prices are in CHF, including VAT and recycling fee (if applicable). The price at the time of order applies. Extra services like delivery are listed separately.
Payments must be made in CHF. The shop may require advance payment. Products are not reserved until payment is received.
Accepted payment methods: bank transfer, credit cards (Visa, Mastercard, Amex), TWINT, and Postcard.
Ciaras may adjust prices if cost factors change. Alternatively, Ciaras may cancel the contract and issue a new offer.
7. Right of Withdrawal
Customers may withdraw within 10 calendar days after receiving goods. Withdrawal must be sent in writing (email or post).
Goods must be returned in original packaging with accessories and delivery note within 10 calendar days to the return address.
Returns are at the customer’s expense and risk. Refunds are made within 20 calendar days.
Ciaras may deduct compensation for damage or wear.
No withdrawal right applies in specific contract types (e.g. perishables, custom-made items, digital content, completed services).
8. Returnable Containers
Returnable containers (e.g., drums, pallets) must be returned. Unreturned containers will be charged. A deposit may be required.
9. Data Protection
Data collected for contract fulfillment may be shared with service partners, including abroad. By accepting the GTC, the customer agrees to this use.
10. Governing Law and Jurisdiction
Swiss substantive law applies exclusively. Place of performance and jurisdiction is the registered office of Ciaras. Ciaras may also assert rights elsewhere.
11. Final Provisions
If any provision is invalid, the remainder remains unaffected. Invalid provisions shall be replaced with a provision that best reflects the intended purpose.
ciaras AG
Industriestrasse 135
CH-9200 Gossau
May 20, 2023, Gossau