Terms and conditions Elephant Cross Online-Shop
(Version 1.1 from 6 November 2017)
1. Scope and contractual partner
1.1 The following general terms and conditions (hereinafter referred to as “GTC”) apply to orders of goods from the product range of Elephant Cross (www.elephantcross.com) in the respective version valid at the time of the order.
1.2 The contractual partner of the customers is the Elephant Cross GmbH, Birmensdorferstrasse 93, 8003 Zurich; email: firstname.lastname@example.org, phone +41 76 400 31 80 (hereinafter referred to as “Elephant Cross”).
1.3 The GTC form an integral part of the agreement between Elephant Cross and the customer. Clauses from client’s side deviating from these GTC shall only be legally binding if they are accepted by Elephant Cross in writing.
1.4 For the time being, the products offered on the Elephant Cross Online Shop are offered exclusively to customers who are domiciled in Switzerland and which, if the customers decide to order goods, can provide a delivery address in Switzerland.
1.5 Customers outside of Switzerland can currently not order via online shop and the GTC paragraph 2,3,4,5 (Order process and contract conclusion; shipping; prices and payments; rights of return) do not apply. An individual request regarding the products can be placed outside of the shop via email directly to elephant Cross and conditions can be agreed individually based on mutual agreement, including delivery cost (partly to be covered by the client), delivery timeline (depending on country/delivery method); payment of duty/taxes in target country (to be covered by the customer), potential return cost (to be covered by the customer). Paragraph 6,7,8 (Warranty and liability, data protection, other terms including jurisdiction ‘Switzerland’) are still valid.
2. Order process and contract conclusion
2.1 Customers can choose from the range of Elephant Cross products and collect them by clicking on the “Add to Cart” button in a so-called shopping cart.
2.2 By clicking on “continue to payment” the customers give a binding offer for the purchase of the goods in the cart and they agree to the validity of these terms and conditions. The receipt of the order and payment will immediately be confirmed via email.
2.3 The products in the Elephant Cross Online Shop are generally kept in stock and the purchase contract is concluded with the dispatch of these goods. However, if the ordered goods or parts of it are not available, Elephant Cross reserves the right to not accept the offer of the customer or to deliver only parts of the order. Customers will be informed in case this occurs and occurred payments for goods that are not available, will be fully refunded. Further compensations are declined.
3.1 For orders up to 17:00 o’clock, the dispatch will be given on the same day and sent via postage class ‘A’ with the eco-friendly «pro clima» dispatch. In general, it arrives on the next day. Orders after 17:00 o’clock will be dispatched on the following day. These delivery times are non-binding. Customers cannot claim any additional compensation in case of delays, apart from the ‘free return’ policy (see point 5).
3.2 Elephant Cross reserves the right to choose the shipping company. Delivery is only possible within Switzerland.
3.3 In the case of damaged or not received goods, Elephant Cross has to be informed by the customer, so that the incident can be investigated in a timely manner (email@example.com, +41 76 400 31 80). In case of damaged products, new pieces will be delivered free of cost (please see also paragraph 6 Warranty).
3.4 If the shipping address cannot be found and reached or the product is not picked up at the post office, Elephant Cross reserves the right to refrain from fulfilling its obligations towards the customer. Already occurred payments will be refunded.
4. Prices and payments
4.1 All prices are depicted in Swiss francs (CHF) and include all charges (shipping, credit card, etc.). There is no VAT duty.
4.2 The price is payable directly at the time of the order via one of the payment methods provided by Elephant Cross.
4.3 If customers opt for the “credit card” payment method, they will use Stripe Payments Europe Limited for this service (hereinafter referred to as “Stripe”). Stripe is a leading global online payment service provider with customers such as Twitter, Kickstarter, Shopify, Ricardo.ch and Doodle.
The credit card data is entered on a secure input portal provided by Stripe, and is never stored on the Elephant Cross server. Customers can choose whether or not to store the credit card details on Stripe’s certified server. The Stripe portal as well as the corresponding technical infrastructure for the transmission of the data follows the highest technical safety standards and is therefore also supported by Swiss credit card institutes and banks. However, the functionality and availability of the infrastructure are beyond Elephant Cross’s control, which is why Elephant Cross rejects all liability.
4.4 If customers opt for “Apple Pay” payment method, they use the payment procedure for a service provided by Apple Inc., Apple Campus, 1 Infinite Loop, and Cupertino, California, USA. The functionality and availability of the infrastructure are beyond Elephant Cross’s control, which is why Elephant Cross rejects all liability.
5. Rights of Return
5.1 Elephant Cross grants customers free and easy returns for a period of 30 days from delivery of the goods. The right to return is subject to the condition that the goods are returned unharmed, with the price label attached in the original packaging.
5.2 In order to enforce the right of return, customers must inform Elephant Cross regarding the products they wish to return. Clients can do this by simply replying to the order confirmation e-mail with product details (name, amount) and the reason for return. Clients will then receive an address label for the free return shipping via email.
5.3 Damaged goods can be returned, see details under paragraph 3.3. (damage within transport) and 6.2 (warranty according to Swiss law for product errors)
6. Warranty and liability
6.1 Information in the online shop – product descriptions, illustrations, sizes, weight, other data – have been carefully checked, but an error can always occur. Especially because these are all natural products, there might be variations in weight or length. A liability is excluded.
6.2 A two years warranty claim for product defects can be fulfilled by the delivery of equivalent defect-free replacement products or cancellation of the buying contract.
6.3 Elephant Cross excludes any other liability, to the extent permitted by Swiss law.
6.4 If customers commission third parties to repair and/or to alter the product or they do so by themselves, then the warranty as well as the right to return the product expires.
6.5 The warranty and return right also expires in the event of damages which are due to inappropriate handling, like non-observance of the care instructions, excessive use, misuse or external effects (moisture damage, friction/fabrics get stuck, contamination, etc.).
6.6 Our scarves are made from very fine fabrics. They are all hand-finished and some of them are even fully handmade. Small irregularities in the fabric and little ‘flaws’ in the weaving pattern or closing are absolutely normal characteristics of these products. They do not fall under the warranty obligation.
6.7 Regarding the handling of the returns within Switzerland, see paragraph 5.
7. Data Protection
7.1 Elephant Cross shall process personal data of the customer under strict observance of the applicable rules of the Swiss Data Protection Act.
7.2 Elephant Cross collects, stores, uses and processes the personal data of the customer only in accordance with the applicable data protection regulations (available here).
8.1 Should one or more paragraphs of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
8.2 Jurisdictions in case of disputes are at the registered office of Elephant Cross GmbH in Zurich, Switzerland.
8.3 Only the Swiss law is applicable. The application of the United Nations Convention on the International Sale of Goods (CISG) is excluded.
In case you have doubts regarding the meaning of these General Terms and Conditions or any paragraph of them, please do not hesitate to contact us: firstname.lastname@example.org or +41 76 400 31 80.